State v. Kornelson

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 118,091 STATE OF KANSAS, Appellee, v. GRADY ALLEN KORNELSON, Appellant. SYLLABUS BY THE COURT 1. If a district court declares a jury deadlocked and orders a mistrial when the defendant does not object or consent to the mistrial, a retrial should be permitted only when there was a manifest necessity for the court's action. The contrary holding in State v. Graham, 277 Kan. 121,

83 P.3d 143

(2004), is overruled. 2. A district court's jury instruction that states, "If you have no reasonable doubt as to the truth of each of the claims required to be…