Kyler v. State

Sears, Justice.

Appellant Earnest Kyler appeals his murder conviction and resulting sentence of life imprisonment. Having reviewed the record, we conclude that while portions of the district attorney’s opening statement were improper, Kyler’s failure to seek either a curative instruction or the declaration of a mistrial renders harmless any error in allowing the statement. Furthermore, while we disapprove of the district attorney’s treatment of a defense witness, Kyler’s failure to object to that treatment renders the issue waived on appeal. Finally, while the district attorney engaged in…