State v. Miller

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 114,373 STATE OF KANSAS, Appellee, v. MARTIN K. MILLER, Appellant. SYLLABUS BY THE COURT 1. Both the Sixth Amendment to the United States Constitution and the Kansas Constitution Bill of Rights, § 10 guarantee an accused the right to a trial by an impartial jury. A constitutional change of venue challenge based upon the claim that pretrial publicity has denied an accused the right to trial by an impartial jury is reviewed under two contexts: presumed prejudice and actual prejudice. Each context involves a different review standard and test. 2.…