State v. Harris

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 122,348 STATE OF KANSAS, Appellee, v. CHRISTOPHER C. HARRIS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 22-3423(1)(c) permits a trial court to declare a mistrial if there was prejudicial conduct inside or outside the courtroom that makes it impossible to proceed without injustice to a defendant or the prosecution. To follow the statute, the court engages in a two-step analysis: (a) decide whether some fundamental failure occurred in the proceeding, and (b) if so, determine whether it is possible to continue without injustice. This second step…