K.S.A. § 60-447
Character trait as proof of conduct
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60-447. Character trait as proof of conduct. Subject to K.S.A. 60-448 when a trait of a person's character is relevant as tending to prove conduct on a specified occasion, such trait may be proved in the same manner as provided by K.S.A. 60-446, except that (a) evidence of specific instances of conduct other than evidence of conviction of a crime which tends to prove the trait to be bad shall be inadmissible, and (b) in a criminal action evidence of a trait of an accused's character as tending to prove guilt or innocence of the offense charged, (i) may not be excluded by the judge under K.S.A. 60-445 if offered by the accused to prove innocence, and (ii) if offered by the prosecution to prove guilt, may be admitted only after the accused has introduced evidence of his or her good character.
History: L. 1963, ch. 303, 60-447; January 1, 1964.
Notes of Decisions
Cited in 218
cases (13 in the last 5 years), 1965–2026 · leading case: State v. Price
State v. Price (2003)
“We granted the State’s petition for review on the two issues that formed the basis for reversal of his convictions: (1) the district court’s denial of the defendant’s motion for an independent psychological evaluation of the victim (2) and the district court’s refusal to admit…”
State v. Williams (2016)
“” The district court, however, disallowed the presentation of this evidence to the jury, reasoning that it was evidence of prior specific instances of conduct inadmissible pursuant to K.S.A. 60-447. M.M. was permitted to testify that in her opinion Putnam had a tendency towards…”
State v. Thurber (2018)
“Thurber *428 contends their testimony was inadmissible because it was either improper character evidence under K.S.A. 60-447 or inadmissible prior crimes evidence under K.”
State v. Lowrance (2013)
“ent by commenting on the defense expert’s compensation or in drawing reasonable inferences from forensic evidence; (2) the trial judge’s removal of a juror did not cause substantial prejudice; (3) the trial judge did not err in allowing the prosecution to introduce evidence of…”
State v. Bowen (2014)
“60-455(d) is subject to subsection (a), which bars propensity evidence; (2) the evidence was not relevant and its probative value was outweighed by its potential for causing undue prejudice; and (3) the evidence was inadmissible under K.”
State v. Seacat (2016)
“60-455(a) and (b) reads: "(a) Subject to K.S.A. 60-447, and amendments thereto, evidence that a person committed a crime or civil wrong on a specified occasion, is inadmissible to prove such person's disposition to commit crime or civil wrong as the basis for an inference that…”
State v. Pabst (2000)
“The district court excluded this testimony under K.S.A. 60-447 and State v. Gaines, 260 Kan.”
State v. Richmond (2009)
“60-447 evidence that a person committed a crime or civil wrong on a specified occasion, is inadmissible to prove his or her disposition to commit crime or civil wrong as the basis for an inference that the person committed another crime or civil wrong on another specified…”
State v. McCullough (2012)
“60-261, which disregards errors that do not affect the substantial rights of the parties, to determine if there is a “reasonable probability that error will or did affect the outcome of the trial in light of the entire *982 record.”
State v. Cosby (2007)
“Generally, when a person's character or a trait of his or her character is in issue, it may be proved by testimony in the form of opinion, *1142 evidence of reputation, or evidence of specific instances of the person's conduct.”
State v. Walters (2007)
“He proffered that Walters had read newspaper articles and watched television news accounts describing the incident, asserting, “If he believed that [the stand-off was] . . . true and that had some influence on his thought process or his state of mind at the time of this…”
State v. Sampson (2013)
“60-446 or K.S.A. 60-447 because Sampson failed to preserve those arguments for review.”
— K.S.A. § 60-447(a) — 15 cases
State v. Price (2003)
“We granted the State’s petition for review on the two issues that formed the basis for reversal of his convictions: (1) the district court’s denial of the defendant’s motion for an independent psychological evaluation of the victim (2) and the district court’s refusal to admit…”
State v. Cosby (2007)
“Generally, when a person's character or a trait of his or her character is in issue, it may be proved by testimony in the form of opinion, *1142 evidence of reputation, or evidence of specific instances of the person's conduct.”
State v. Frantz (2022)
State v. Penn (2009)
State v. Alderson (1996)
— K.S.A. § 60-447(b) — 8 cases
State v. Cosby (2007)
“Generally, when a person's character or a trait of his or her character is in issue, it may be proved by testimony in the form of opinion, *1142 evidence of reputation, or evidence of specific instances of the person's conduct.”
State v. McCullough (2012)
“60-261, which disregards errors that do not affect the substantial rights of the parties, to determine if there is a “reasonable probability that error will or did affect the outcome of the trial in light of the entire *982 record.”
State v. Tran (1993)
State v. Price (2002)
State v. Belone (2015)
— K.S.A. § 60-447(b)(ii) — 6 cases
State v. Seacat (2016)
“60-455(a) and (b) reads: "(a) Subject to K.S.A. 60-447, and amendments thereto, evidence that a person committed a crime or civil wrong on a specified occasion, is inadmissible to prove such person's disposition to commit crime or civil wrong as the basis for an inference that…”
State v. Drayton (2008)
State v. Belone (2015)
State v. Chandler (1993)
State v. Lewis (2000)
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