State v. Flynn

The opinion of the court was delivered by

Moritz, J.:

We granted the State’s petition for review of the Court of Appeals’ decision in State v. Flynn, 45 Kan. App. 2d 1113, 257 P.3d 1259 (2011). There, the panel majority reversed Ira Flynn’s rape conviction and remanded for a new trial after concluding the district court committed clear error in failing to instruct the jury pursuant to State v. Bunyard, 281 Kan. 392, 133 P.3d 14 (2006). Flynn, 45 Kan. App. 2d at 1118-19.

In Bunyard, this court held that K.S.A. 21-3502(a)(l) proscribes all nonconsensual sexual intercourse accomplished by forcé or…