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K.S.A. § 60-444

Testimony of jurors not limited except by this article

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60-444. Testimony of jurors not limited except by this article. This article shall not be construed to (a) exempt a juror from testifying as a witness to conditions or occurrences either within or outside of the jury room having a material bearing on the validity of the verdict or the indictment, except as expressly limited by K.S.A. 60-441; (b) exempt a grand juror from testifying to testimony or statements of a person appearing before the grand jury, where such testimony or statements are the subject of lawful inquiry in the action in which the juror is called to testify.

History: L. 1963, ch. 303, 60-444; January 1, 1964.

Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1980–2024 · leading case: State v. Kleypas
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State v. Kleypas (2001) kan · cites it 6× “60-441 and K.S.A. 60-444, which provide: "Upon an inquiry as to the validity of a verdict or an indictment no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him or her to assent to or dissent…”
State v. Cook (2006) kan · cites it 10× “60-441 and K.S.A. 60-444, which relate to an inquiry into juror conduct.”
Williams v. Lawton (2007) kanctapp · cites it 18× “2d 1099 (1973) (K.S.A. 60-444 "not intended to authorize broad hunting expeditions or fishing excursions.”
State v. Franklin (1998) kan · cites it 9× “” K.S.A. 60-444(a) provides: “This article shall not be construed to .”
Williams v. Lawton (2009) kan · cites it 4× “60-441, K.S.A. 60-444, Rule 169, and Rule 181 strike an appropriate balance and protect these various interests.”
Saucedo v. Winger (1993) kan · cites it 4× “The court noted that K.S.A. 60-444 permits inquiry into extraneous matters which may have a material bearing upon the validity of the verdict.”
State v. Fenton (1980) kan · cites it 4× “60-441, and K.S.A. 60-444. K.S.A. 60-441 states: “Upon an inquiry as to the validity of a verdict or an indictment no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him or her to assent to or…”
State v. Johnson (2008) kanctapp · cites it 6× “Under K.S.A. 60-444(a), a juror is not exempt “from testifying as a witness to conditions or occurrences *1065 either within or outside of the jury room having a material bearing on the validity of the verdict .”
State v. Robinson (2015) kan · cites it 2× “60-441; K.S.A. 60-444. Robinson claims he was prejudiced by Juror 147's consultation of the Bible, his decision to bring it into the jury room, and his comments referencing it during 348 deliberations.”
State v. Kaiser (1996) kan · cites it 4× “60-441 prohibits testimony concerning the mental processes of the jury: “Upon an inquiry as to the validity of a verdict .”
Walters v. Hitchcock (1985) kan · cites it 2× “The court, in its opinion, brushes this point off summarily by saying extraordinary circumstances are not present herein to support a claim of error, and suggests that affidavits of the jurors were necessary.”
Verren v. City of Pittsburg (1980) kan · cites it 2× “"This article shall not be construed to ( a ) exempt a juror from testifying as a witness to conditions or occurrences either within or outside of the jury room having a material bearing on the validity of the verdict or the indictment, except as expressly limited by K.”
Show all 28 citing cases →
— K.S.A. § 60-444(a) — 19 cases
State v. Kleypas (2001) kan “60-441 and K.S.A. 60-444, which provide: "Upon an inquiry as to the validity of a verdict or an indictment no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him or her to assent to or dissent…”
State v. Cook (2006) kan “60-441 and K.S.A. 60-444, which relate to an inquiry into juror conduct.”
State v. Franklin (1998) kan “” K.S.A. 60-444(a) provides: “This article shall not be construed to .”
Williams v. Lawton (2007) kanctapp “2d 1099 (1973) (K.S.A. 60-444 "not intended to authorize broad hunting expeditions or fishing excursions.”
State v. Johnson (2008) kanctapp “Under K.S.A. 60-444(a), a juror is not exempt “from testifying as a witness to conditions or occurrences *1065 either within or outside of the jury room having a material bearing on the validity of the verdict .”
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