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STATE v. SIMMONS

No. 98,770.

254 P.3d 97 (2011)

292 Kan. 406

STATE of Kansas, Appellee, v. James Matthew SIMMONS, Appellant.

Supreme Court of Kansas.

July 8, 2011.

Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Reina Probert, deputy county attorney, argued the cause, and Brian P. Duncan, assistant county attorney, John D. Gutierrez, county attorney, and Steve Six, attorney general, were on the brief for appellee.

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

A jury convicted James Simmons of two counts of rape and one count of misdemeanor theft. Simmons appealed several issues, including five claims of prosecutorial misconduct during trial. The Court of Appeals affirmed Simmons' convictions. We granted Simmons' petition for review under K.S.A. 20-3018(b) on the prosecutorial misconduct claims only, obtaining jurisdiction under...

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