State v. Marble

Larson, J.:

James B. Marble appeals his conviction after a jury trial of one count of aggravated criminal sodomy, K.S.A. 1994 Supp. 21-3506, contending that the prosecution improperly questioned him on cross-examination, the judge erroneously communicated ex parte with a juror, the trial court erred in excluding evidence impeaching the State’s complaining witness, and the trial court improperly failed to grant a downward durational departure during sentencing.

The facts arise out of a July 1993 incident involving Marble and S.W. The versions of the incident are predictably divergent.

S.W.…