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STATE v. MARSHALL

No. 101,641.

281 P.3d 1112 (2012)

STATE of Kansas, Appellee, v. John Steven MARSHALL, Appellant.

Supreme Court of Kansas.

July 27, 2012.

Attorney(s) appearing for the Case

Korey A. Kaul , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Jason E. Geier , senior assistant district attorney, argued the cause, and Chadwick J. Taylor , district attorney, and Steve Six , attorney general, were with him on the brief for appellee.

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

John Steven Marshall was convicted by a jury of burglary of a nonresidence, criminal damage to property, and obstruction of a legal duty. The strongest evidence against Marshall was an eyewitness' identification of Marshall as the burglar. On appeal Marshall raises two issues related to the eyewitness' identification.

First, Marshall argues the prosecutor committed misconduct during closing argument by...

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