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STATE v. HENDERSON

No. 92,251.

160 P.3d 776 (2007)

STATE of Kansas, Appellee, v. Elroy D. HENDERSON, Appellant.

Supreme Court of Kansas.

June 22, 2007.

Attorney(s) appearing for the Case

Roger L. Falk, of Law Office of Falk & Owens, P.A., of Wichita, argued the cause, and Christopher Hughes, of the same firm, was with him on the briefs for appellant.

David Lowden, chief appellate district attorney, argued the cause, and Charles L. Rutter, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the briefs for appellee.

Alice Anna Phillips, senior attorney, of American Prosecutors Research Institute, of Alexandria, Virginia, was on the brief for amicus curiae American Prosecutors Research Institute.

The opinion of the court was delivered by NUSS, J.:

A jury convicted Elroy D. Henderson of one count of aggravated indecent liberties with a child. On appeal, Henderson primarily argued his confrontation rights were violated when the jury was allowed to watch a videotaped interview of the 3-year-old victim without her testifying at trial. The Court of Appeals agreed. After holding that sufficient evidence remained to support his conviction, it reversed and remanded...

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