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STATE v. MILLER

No. 99,232.

264 P.3d 461 (2011)

STATE of Kansas, Appellee, v. Saul Arthur MILLER, Appellant.

Supreme Court of Kansas.

October 28, 2011.

Attorney(s) appearing for the Case

Shawn E. Minihan , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Ellen H. Mitchell , county attorney, argued the cause, and Steve Six , attorney general, was with her on the briefs for appellee.

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

This appeal follows the second trial of Saul Arthur Miller, who was convicted of rape, aggravated criminal sodomy, and two counts of aggravated indecent liberties with a child. Miller's first trial ended in a mistrial when the State repeatedly violated the trial court's pretrial order limiting admission of the victim's statement. That mistrial becomes important in this appeal because Miller alleges the retrial...

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