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STATE v. HERBEL

No. 103,558.

299 P.3d 292 (2013)

STATE of Kansas, Appellee, v. Randy HERBEL, Appellant.

Supreme Court of Kansas.

April 5, 2013.

Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Capital Appellate Defender Office, argued the cause and was on the briefs for appellant.

Kristafer R. Ailslieger , deputy solicitor general, argued the cause, and Nicole Romine , assistant attorney general, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

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

Randy Herbel appeals his Jessica's Law convictions for rape and aggravated indecent liberties with a child. His issues on appeal, and our accompanying holdings, are as follows:

1. Did the district court violate his constitutional and statutory rights when it replayed his recorded statement to a deliberating jury outside of his presence but in the courtroom? Yes, but harmless error. 2. Did the...

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