right to exercise privilege in Kansas

2020In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege." Yet, the Davis court ultimately determined that the prosecutor's comment error was harmless beyond a reasonable doubt for the following reasons: (1) because the comment "amounted to two lines in an extended record of trial"; (2) because Davis immediately objected to the prose

2002The court then explained there was no error because although “the State did elicit the fact that at one point Searles stated he had nothing to say, the State did not comment on that assertion.” 246 Kan. at 574 .

2002In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable, inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.” K.S.A. 60-439. *1252 The Searles court stated that K.S.A. 60-439 “is limited to a situation where a comment is made on a privilege in the trial where the privilege is asserted.” 246 Kan. at 574 .

1994In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.” We noted in State v. Beebe, 244 Kan. 48, 53 , 766 P.2d 158 (1988), that any comment on the defendant’s failure to testify is error “but is not per se reversible error.” In order to constitute reversible error, the comments must be prejudicial as well as improper.

1994In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.” We noted in State v. Beebe, 244 Kan. 48, 53 , 766 P.2d 158 (1988), that any comment on the defendant’s failure to testify is error “but is not per se reversible error.” In order to constitute reversible error, the comments must be prejudicial as well as improper.

1990In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege." State v. Nott, 234 Kan. 34 , 669 P.2d 660 (1983), states plainly that K.S.A. 60-439 is limited to a situation where a comment is made on a privilege in the trial where the privilege is asserted.

1990In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege." State v. Nott, 234 Kan. 34 , 669 P.2d 660 (1983), states plainly that K.S.A. 60-439 is limited to a situation where a comment is made on a privilege in the trial where the privilege is asserted.

1982DeLuna v. United States, 308 F.2d 140 (5th Cir. 1962).