State v. Ballou

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 116,252 STATE OF KANSAS, Appellee, v. TERRY R. BALLOU SR., Appellant. SYLLABUS BY THE COURT 1. A prosecutor's actions or statements fall outside the wide latitude afforded prosecutors to conduct the State's case and attempt to obtain a conviction in a manner that does not offend the defendant's constitutional right to a fair trial when the prosecutor presents an argument to the jury that misstates the law or argues a fact or factual inference with no evidentiary foundation. 2. Prosecutorial error is harmless if the State can show beyond a…