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Accidentally showing prejudicial unredacted video requires a new trial

Derek W. Miller won in State v. Barnhart, No. 112,067 (Kan. App. Oct. 9, 2015)(unpublished), obtaining a new trial in a Ford County aggravated battery prosecution. On appeal, Mr. Barnhart argued that the publication of an unredacted video of a key witness required a new trial. The parties had agreed that several statements on the video were so prejudicial that they had to be redacted. But, in error, the unredacted video, including statements about Mr. Barhart's prior history with drugs and alcoh read more

Full post as published by Kansas Defenders on October 31, 2015 (boomark / email).