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STATE v. TULLY

No. 92,764.

262 P.3d 314 (2011)

STATE of Kansas, Appellee, v. Michael TULLY, Appellant.

Supreme Court of Kansas.

September 23, 2011.

Attorney(s) appearing for the Case

Rebecca L. Kurz , of Morgan Pilate LLC, of Olathe, argued the cause and was on a brief for appellant, and Bob L. Thomas , of the Law Offices of Bob L. Thomas, LLC, of Olathe, was on a brief for appellant.

Steven J. Obermeier , assistant district attorney, argued the cause, and Paul J. Morrison , former district attorney, Phill Kline , former attorney general, Stephen M. Howe , district attorney, and Steve Six , attorney general, were with him on the briefs for appellee.

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

A jury convicted Michael Tully of one count of rape. On direct appeal to the Court of Appeals, Tully argued (1) the State improperly commented on his postarrest silence; (2) the district court gave an improper jury instruction on the element of force; (3) the State's expert witness offered an opinion beyond her qualifications, which also invaded the province of the jury; and (4) cumulative error deprived him of...

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