State v. Horton

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 128,574 STATE OF KANSAS, Appellee, v. TERRY D. HORTON JR., Appellant. SYLLABUS BY THE COURT 1. Before a court may admit double hearsay, a statutory exception must apply to each hearsay statement. 2. An appellate court may independently consider whether a prosecutor erred even if the lower court sustained an objection to the prosecutorial act. 3. A prosecutor does not necessarily shift the burden of proof by comparing a defendant's trial statement with earlier inconsistent statements. Appeal from Wyandotte District Court; COURTNEY MIKESIC, judge.…