Evidence
Scope
Kansas Evidence Code rules on relevance, character, hearsay, impeachment, privileges, and constitutional limits.
Core rules
- Relevance under K.S.A. 60-401 includes any tendency to make a fact more or less probable; K.S.A. 60-403 excludes relevant evidence if unfair prejudice substantially outweighs probative value.
- Character evidence is generally inadmissible to prove conduct, but may be admissible for motive, intent, plan, identity, or absence of mistake under K.S.A. 60-455. The court must give a limiting instruction.
- Hearsay is an out-of-court statement offered for truth. K.S.A. 60-460 lists exceptions, including excited utterance, present sense impression, business records, and statements for medical diagnosis.
- Confrontation Clause bars testimonial hearsay against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.
- Impeachment may use prior inconsistent statements, bias, capacity, and conviction under the rules; prior consistent statements are limited.
Worked example
Witness hears Victim scream, D hit me! seconds after being struck. The statement is hearsay if offered for truth, but the excited utterance exception under K.S.A. 60-460 likely applies because the startling event dominates and the statement is spontaneous. If offered only to show Victim spoke, it is not hearsay.
Traps
Using 60-455 as a general character exception; forgetting the limiting instruction; treating all out-of-court statements as hearsay; and ignoring confrontation when the declarant does not testify.