State v. Wittsell

The opinion of the court was delivered by

Allegrucci, J.:

During the trial of Clyde Wittsell on one count of aggravated incest, a State’s witness violated an order in limine by stating that there had been a polygraph examination. The district court made an immediate sua sponte declaration of mistrial. Im puting the introduction of improper evidence to the prosecution, the district court denied retrial and dismissed the complaint on double jeopardy grounds. The State appealed, and the Court of Appeals affirmed. State v. Wittsell, 30 Kan. App. 2d 1083, 53 P.3d 1248 (2002).

The sole issue is…