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STATE v. BETTS

No. 84,112.

272 Kan. 369 (2001)

33 P.3d 575

STATE OF KANSAS, Appellee, v. BRIAN BETTS, Appellant.

Supreme Court of Kansas.

Opinion filed October 26, 2001.

Attorney(s) appearing for the Case

David A. Kelly and Cheryl A. Pilate, of Wyrsch Hobbs & Mirakian, P.C., of Kansas City, Missouri, argued the cause and were on the briefs 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.:

Brian Betts 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 a new trial following the recantation of the primary witness against him, (2) the court erred in admitting evidence in certain hearsay testimony, (3) the prosecutor committed misconduct during closing arguments, (4) the court erred in denying...

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