In Re the Care & Treatment of Foster

The opinion of the court was delivered by

Nuss, J.:

Randy Foster appeals from a jury finding that classified him as a sexually violent predator and the resulting involuntaiy commitment to the Lamed State Security Hospital. A split Court of Appeals affirmed in In re Care & Treatment of Foster, 33 Kan. App. 2d 717, 107 P.3d 1249 (2005). This court granted Fosters petition for review under K.S.A. 20-3018(b).

The issues on appeal, and this court’s accompanying holdings, are as follows:

1. Did the assistant attorney general commit reversible misconduct in her opening statement? Yes.

2. Did the district…