STATE v. McGINNES

No. 76,915.

266 Kan. 121 (1998)

967 P.2d 763

STATE OF KANSAS, Appellee, v. JOHN McGINNES, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1998.


Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, argued the cause, and Kirsten Ehlen, student intern, and Jessica R. Kunen, chief appellate defender, were with him on the brief for appellant.

Kenley J. Thompson, assistant county attorney, argued the cause, and Brandi L. Dunning, assistant county attorney, and Robert Forer, county attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.


The opinion of the court was delivered by

DAVIS, J.:

The defendant was convicted of aggravated indecent liberties with a child. His constitutional right to be present at every critical stage of the proceeding was violated by the trial judge's ex parte communication with the jury during its deliberation. The Court of Appeals concluded the error was harmless beyond a reasonable doubt and affirmed. 24 Kan.App.2d 921

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