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STATE v. STALLINGS

Nos. 93,879, 93,895.

163 P.3d 1232 (2007)

STATE of Kansas, Appellee/Cross-appellant, v. Darrell STALLINGS, Appellant/Cross-appellee.

Supreme Court of Kansas.

August 10, 2007.

Attorney(s) appearing for the Case

Jessica J. Travis, of Keck & Travis, LLC, of Olathe, and Carl E. Cornwell, of Cornwell, Erickson, Travis & Breer, of Olathe, were on the briefs for the appellant/cross-appellee.

Sheryl L. Lidtke, deputy district attorney, Jerome A. Gorman, district attorney, and Phill Kline, attorney general, were on the brief for appellee/cross-appellant.

The opinion of the court was delivered by JOHNSON, J.

Following Darrell Stallings' conviction on five counts of capital murder, the State sought the death penalty. Pursuant to Stallings' request for allocution and over the State's objection, the district court permitted Stallings to address the sentencing jury on the issue of mitigation of punishment; Stallings was not sworn or subject to cross-examination. The jury could not agree on the death penalty, and the court...

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