State v. Myers

The opinion of the court was delivered by

Six, J.:

This case describes the nature of the duty imposed on the trial court by K.S.A. 22-3420(3) to read back testimony requested by a juiy during deliberations. The issue is whether the trial court’s failure to read back the requested testimony is reversible error. The Court of Appeals, in an unpublished opinion filed September 3, 1993, found reversible error and remanded for a new trial. We granted the State’s petition requesting review of the read-back issue. The trial court’s interpretation of K.S.A. 22-3420(3) is a determination of law which…