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STATE v. PLUNKETT

No. 70,537

257 Kan. 135 (1995)

STATE OF KANSAS, Appellee, v. BENNIE L. PLUNKETT, JR., Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 1995.

Attorney(s) appearing for the Case

Stephen C. Moss, special assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

David Lowden, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This case concerns judicial misconduct during trial. Defendant Bennie L. Plunkett, Jr., was found guilty of rape, K.S.A. 21-3502, and aggravated criminal sodomy, K.S.A. 21-3506(c). His jury trial involved two consolidated cases, similar in nature, but each arising from a separate incident and separate victim. Plunkett contends he was denied a fair trial because of judicial misconduct. He also asserts various...

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