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STATE v. McKINNEY

No. 83,217.

272 Kan. 331 (2001)

33 P.3d 234

STATE OF KANSAS, Appellee, v. CELESTER McKINNEY, Appellant.

Supreme Court of Kansas.

Opinion filed October 26, 2001.

Attorney(s) appearing for the Case

Mary Curtis, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Michael A. Russell, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Celester McKinney appeals from his conviction of premeditated first-degree murder in the death of Greg Miller. He contends (1) the trial court erred in denying his motion for new trial based on newly discovered evidence, (2) the prosecutor committed misconduct in presenting false witness testimony, (3) the trial court erred in responding to a jury question when the defendant was not present, (4) the trial...

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