60-406.
Limited admissibility.
When relevant evidence is admissible as to one party or for one purpose and is inadmissible as to other parties or for another purpose, the judge upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.
History:
L. 1963, ch. 303, 60-406; January 1, 1964.
Notes of Decisions
Cited in
24
cases (
5 in the last 5 years), 1928–2024 · leading case:
State v. Alfaro-Valleda, 502 P.3d 66 (Kan. 2022).
State v. Alfaro-Valleda, 502 P.3d 66 (Kan. 2022).
· cites it 7× “That question arises because of the wording of K.S.A. 60-406. K.S.A. 60-406 states: "When relevant evidence is admissible as to one party or for one purpose and is inadmissible as to other parties or for another purpose, the judge upon request shall restrict the evidence to its…”
State v. Kleypas, 40 P.3d 139 (Kan. 2001).
· cites it 2× “In comparison, Kansas law states: "When relevant evidence is admissible as to one party or for one purpose and is inadmissible as to other parties or for another purpose, the judge upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.”
Gilley v. Kansas Gas Serv. Co., 169 P.3d 1064 (Kan. 2007).
· cites it 3× “STANDARD OF REVIEW The business class intimates that the case is governed by an interpretation of K.S.A. 60-406, which would trigger an unlimited standard of review.”
State v. Denney, 905 P.2d 657 (Kan. 1995).
· cites it 2× “” Denney argues the trial court’s failure to give the requested limiting instruction allowed the jury to infer he had the propensity to commit crimes: He strongly contends the error was highly prejudicial because the prior crimes were similar to the crimes for which he was on…”
State v. Satchell, 466 P.3d 459 (Kan. 2020).
“Even so, K.S.A. 60-406 provides that "[w]hen relevant evidence is admissible .”
State v. Banks, 927 P.2d 456 (Kan. 1996).
“2d 657 (1995), we held that when evidence of a prior crime is introduced for the limited purpose of establishing an element of the current crime, and the defendant requests a limiting instruction, the trial court should give the instruction, under K.S.A. 60-406. However, we…”
State v. Smith, 293 P.3d 669 (Kan. 2012).
“3d 713 (2008); see K.S.A. 60-406. We review a district *124 judge’s materiality determination de novo.”
State v. Roberts, 931 P.2d 683 (Kan. 1997).
“22-3414(3); K.S.A. 60-406. We conclude that the lack of a limiting instruction under the above circumstances is not clearly erroneous.”
Smith v. Massey-Ferguson, Inc., 883 P.2d 1120 (Kan. 1994).
“K.S.A. 60-406 provides that “the judge upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.”
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