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STATE v. FLYNN

No. 103,566.

329 P.3d 429 (2014)

STATE of Kansas, Appellee, v. Ira Wayne FLYNN, Appellant.

Supreme Court of Kansas.

July 11, 2014.

Attorney(s) appearing for the Case

Heather R. Cessna , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Kaitlin M. Dixon , deputy county attorney, argued the cause, and Evan C. Watson , county attorney, was on the brief for appellee.

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

We granted the State's petition for review of the Court of Appeals' decision in State v. Flynn, 45 Kan.App.2d 1113, 257 P.3d 1259 (2011). There, the panel majority reversed Ira Flynn's rape conviction and remanded for a new trial after concluding the district court committed clear error in failing to instruct the jury pursuant...

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