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60-404. Effect of erroneous admission of evidence. A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless there appears of record objection to the evidence timely interposed and so stated as to make clear the specific ground of objection.

History: L. 1963, ch. 303, 60-404; January 1, 1964.

Law Review and Bar Journal References:

"Collateral Challenges to Criminal Convictions," Keith G. Meyer and Larry W. Yackle, 21 K.L.R. 259, 314 (1973).

"Hearsay Explaining Police Actions: The Proper Objection," Russell M. Coombs, 46 J.B.A.K. 157, 165 (1977).

"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 426, 427 (1979).

"Prosecutorial Misconduct in Closing Argument," Alan V. Johnson and Jeffrey S. Southard, 49 J.B.A.K. 205, 245, 246 (1980).

"Objections," Laurence Rose, 2 J.K.T.L.A. No. 3, 18 (1978).

"Survey of Kansas Law: Evidence," Mark M. Dobson, 32 K.L.R. 625, 628 (1984).

"Warning: Failure to Counter an Objection may be Hazardous to Your Case," Vol. IX, No. 2, J.K.T.L.A. 23 (1985).

"A Fresh Look at Hypothetical Questions and Ultimate Issues: The Kansas Experience," Stanley D. Davis, 36 K.L.R. 311, 320, 328 (1988).

"Preserving the Record in Criminal Law Cases—The Offer of Proof," Stephen M. Joseph, J.K.T.L.A. Vol. XXIII, No. 2, 16 (1999).

"A Criminal Defendant's Inability to Sue His Lawyer for Malpractice: The Other Side of the Exoneration Rule [Canaan v. Bartee, 72 P.3d 911 (Kan. 2003)]," Amy L. Leisinger, 44 W.L.J. 693 (2005).

CASE ANNOTATIONS

1. Contemporaneous objection rule; timely and specific objection required for reversal because of erroneous admission of evidence. State v. Freeman, 195 K. 561, 564, 408 P.2d 612.

2. Section applied; no objection to evidence made. Grohusky v. Atlas Assurance Co., 195 K. 626, 629, 408 P.2d 697.

3. No timely and specific objection made to testimony; conviction under K.S.A. 21-527 upheld. State v. Jolly, 196 K. 56, 58, 410 P.2d 267.

4. Trial objection to inadmissible evidence prerequisite to reversal. State v. Donahue, 197 K. 317, 320, 416 P.2d 287.

5. Erroneous admission of evidence must be objected to in a timely manner. State v. Adamson, 197 K. 486, 489, 419 P.2d 860.

6. Verdict not set aside unless objection to erroneous evidence timely made. Borggren v. Liebling, 198 K. 161, 164, 422 P.2d 884.

7. Mentioned in considering alleged unlawful search and seizure. State v. Zimmer, 198 K. 479, 500, 426 P.2d 267.

8. Defendants failed to make timely and specific objection to evidence of prior convictions during trial. State v. Eaton, 199 K. 610, 613, 433 P.2d 347.

9. Cited; verdict not so excessive as to indicate passion and prejudice on part of jury. Howard v. Stoughton, 199 K. 787, 792, 433 P.2d 567.

10. Contemporaneous objection must be made to exclude secondary evidence; "best evidence rule" is preferential, not exclusionary rule. State v. Joseph Little, 201 K. 101, 104, 105, 439 P.2d 383.

11. Objections to admissibility of evidence will not be considered for first time on appeal in absence of timely objection. State v. Cantrell, 201 K. 182, 187, 440 P.2d 580.

12. Failure to object to testimony during trial precludes raising the matter for first time on appeal. State v. Paxton, 201 K. 353, 360, 440 P.2d 650.

13. Applied; admission of summary of testimony; objection did not clearly state specific grounds; not considered on appeal. Humphries v. State Highway Commission, 201 K. 544, 550, 551, 442 P.2d 475.

14. Applied; action to set aside transfer of property; findings supported by evidence. In re Estate of Carlson, 201 K. 635, 636, 646, 443 P.2d 673.

15. Failure to object may preclude consideration of claim in federal habeas corpus proceeding if done deliberately as part of defense strategy. Mize v. Crouse, 399 F.2d 593, 594.

16. No error in admitting in-court identification of defendant absent defendant's contemporaneous objection thereto. State v. Sanders, 202 K. 551, 553, 451 P.2d 148.

17. Mentioned; evidence admitted was collateral and not prejudicial. State v. Runnels, 203 K. 513, 518, 519, 456 P.2d 16.

18. Evidence of prior convictions admitted; objection posed by defendant insufficient to serve as basis for new trial. State v. Patchett, 203 K. 642, 645, 455 P.2d 580.

19. Specific ground of objection to evidence not clear; court's ruling in admitting the evidence upheld even though trial court unclear as to basis for its admission. Scogin v. Nugen, 204 K. 568, 577, 464 P.2d 166.

20. "Contemporaneous objection" rule provides court the opportunity to conduct trial without using tainted evidence. Baker v. State, 204 K. 607, 611, 464 P.2d 212.

21. Section applied; specific and timely objection to admission of evidence necessary; no reversible error shown. Jensen v. Jensen, 205 K. 465, 466, 470 P.2d 829.

22. Cited in reversing conviction of county attorney for criminal contempt. In re Sanborn, 208 K. 4, 14, 490 P.2d 598.

23. Cited in holding evidence of membership in revolutionary society properly admitted. State v. Pierce, et al., 208 K. 19, 29, 490 P.2d 584.

24. Cited; plaintiff held barred from asserting trial court erred in admitting testimony due to contemporaneous objection rule. State, ex rel., v. Doolin & Shaw, 209 K. 244, 256, 497 P.2d 138.

25. Admission of automobile title copies under K.S.A. 60-460(o) without furnishing copies as provided therein not challenged at trial; cannot be reversed on appeal. State v. Kliewer, 210 K. 820, 825, 504 P.2d 580 (1972).

26. Contemporaneous objection rule; timely and specific objection required before admissibility of evidence will be considered on appeal. Barnes v. St. Francis Hospital and School of Nursing, 211 K. 315, 320, 507 P.2d 288.

27. Cited; defendant waived any impropriety in form of question by failure to object; conviction upheld. State v. Marsh, 211 K. 585, 586, 506 P.2d 1132.

28. Trial court did not err in refusing to strike testimony where no timely objection made. Hogue v. Kansas Power & Light Co., 212 K. 339, 344, 510 P.2d 1308.

29. No prejudicial error in admission of evidence; defendant failed to state specific ground of objection. State v. Parker, 213 K. 229, 232, 516 P.2d 153.

30. No objection at trial to introduction of specific instances of conduct to show guilt of offense charged; not considered on appeal. State v. Shepherd, 213 K. 498, 509, 516 P.2d 945.

31. Admission of exhibits of applications for license in unrelated cases upheld; perjury prosecution. State v. Craig, 215 K. 381, 384, 524 P.2d 679.

32. Failure to comply with section noted; conviction of second degree murder upheld. State v. Smith, 216 K. 265, 269, 530 P.2d 1215.

33. Section applied; no timely and specific objection made to admission of evidence; conviction under K.S.A. 21-3427 upheld. State v. Estes, 216 K. 382, 385, 532 P.2d 1283.

34. Applied; failure to object to in-court identification or to move for suppression of line-up identification. State v. Cameron & Bentley, 216 K. 644, 649, 533 P.2d 1255.

35. Applied; conviction of burglary and attempted theft upheld; admission of opinion testimony not error. State v. Stephenson, 217 K. 169, 172, 535 P.2d 940.

36. Applied; conviction of theft; failure to make specific finding as to admissibility of testimony as required by 60-435. State v. Rogers, 217 K. 462, 467, 537 P.2d 222.

37. Conviction of aggravated robbery upheld; failure of timely objection to admission of evidence. State v. Griffin, 217 K. 703, 705, 538 P.2d 720.

38. Applied, reformation of lease upheld; mutual mistake; testimony properly allowed. Schlatter v. Ibarra, 218 K. 67, 71, 542 P.2d 710.

39. Applied; admission of evidence regarding prior felony not considered on appeal. State v. Andrews, 218 K. 156, 161, 542 P.2d 325.

40. Admission of evidence of prior conviction, under circumstances shown not prejudicial error. State v. Moore, 218 K. 450, 452, 454, 455, 543 P.2d 923.

41. Mentioned in denying new trial for juror misconduct; contemporaneous objection rule applied. State v. Buggs, 219 K. 203, 208, 547 P.2d 720.

42. Applied; unsolicited evidence relating to prior conviction subject to contemporaneous objection rule. State v. Robinson, 219 K. 218, 219, 547 P.2d 335.

43. Reason for rule stated; objection though not timely consistent with underlying rationale under circumstances. State v. Gordon, 219 K. 643, 651, 652, 549 P.2d 886.

44. Appellate review precluded, where no objection lodged to lack of specificity. State v. Carter, 220 K. 16, 21, 551 P.2d 821.

45. Failure to object to admission of records precluded consideration on appeal. State v. Rives, 220 K. 141, 144, 551 P.2d 788.

46. Applied; failure to make timely specific objection to questions concerning prior convictions. State v. Faulkner, 220 K. 153, 158, 551 P.2d 1247.

47. Applied; aggravated assault prosecution; failure of timely objection to evidence precluded appellate review. State v. Werkowski, 220 K. 648, 651, 556 P.2d 420.

48. By failure to object to evidence, defendant waived right to complain of erroneous introduction. Webber v. Patton, 221 K. 79, 81, 558 P.2d 130.

49. No foundation to support conclusion that photographic identification impermissibly suggestive. State v. Wilson, 221 K. 92, 93, 94, 558 P.2d 194.

50. Offering of certified copy of journal entry of prior conviction did not constitute error where no objection. State v. Loudermilk, 221 K. 157, 161, 557 P.2d 1229.

51. Failure to present issue to trial concerning identification testimony precluded review; conviction of aggravated robbery affirmed. State v. Hornbeak, 221 K. 397, 404, 559 P.2d 385.

52. Admission into evidence of written notes made by detective which were duplicative of oral testimony under facts not reversible error. State v. Villa & Villa, 221 K. 653, 655, 561 P.2d 428.

53. Applied; failure to comply herewith precludes court on appeal to review alleged error to defendant's constitutional right to remain silent. State v. Fisher, 222 K. 76, 83, 563 P.2d 1012.

54. Objection not specific or contemporaneous; testimony admissible; not reversible error. State v. Humbolt, 1 K.A.2d 137, 139, 562 P.2d 123.

55. No objection made during trial; admission of evidence upheld. Baker v. Ratzlaff, 1 K.A.2d 285, 288, 564 P.2d 153.

56. Applied; conviction for possession of narcotics substances affirmed. State v. Forsyth, 2 K.A.2d 44, 46, 574 P.2d 241.

57. Contemporaneous objection rule; hearsay testimony not subject to review. State v. Marshall & Brown-Sidorowicz, 2 K.A.2d 182, 202, 577 P.2d 803.

58. Objection not made at trial; beyond scope of review. State v. Jackson, 222 K. 424, 429, 430, 565 P.2d 278.

59. Section not relied upon totally in upholding conviction under 21-3513. State v. Dodson, 222 K. 519, 523, 565 P.2d 291.

60. Section applied; no objection made at trial; nonreviewable. Iseman v. Kansas Gas & Electric Co., 222 K. 644, 650, 567 P.2d 856.

61. Applied; aggravated robbery prosecution no timely objection to erroneous admission; instructions proper (dissenting opinion). State v. Johnson & Taylor, 223 K. 119, 125, 126, 573 P.2d 595.

62. Failure to object pursuant to section precluded review of lineup on appeal. State v. Watie, Heard and Heard, 223 K. 337, 344, 574 P.2d 1368.

63. Applied; evidence admissible; robbery prosecution; conviction upheld. State v. Mullins, 223 K. 798, 802, 577 P.2d 51.

64. Objections must be contemporaneous; appellate review denied. State v. Phipps, 224 K. 158, 578 P.2d 709.

65. No contemporaneous objection to testimony of unendorsed witness; admission allowed; no abuse of discretion. State v. Cook, 225 K. 259, 262, 589 P.2d 616.

66. Failure to object to testimony concerning photographic identifications at trial precluded assertion on appeal. State v. Chiles, 226 K. 140, 144, 595 P.2d 1130.

67. Cited; objection to the admissibility of evidence raised on a motion for acquittal is timely; conviction affirmed. State v. Parson, 226 K. 491, 493, 601 P.2d 680.

68. Failure to object to admission of evidence bars consideration of admissibility on appeal. State v. Whitehead, 226 K. 719, 722, 602 P.2d 1263.

69. Cited; impoundment of defendant's vehicle unauthorized and unreasonable; conviction reversed. State v. Urban, 3 K.A.2d 367, 368, 595 P.2d 352.

70. Where no objection made to court receiving statements outside of stipulation, no appeal on this point stands. In re Geisler, 4 K.A.2d 684, 687, 610 P.2d 640.

71. Where rebuttal witness is endorsed on complaint and defendant fails to pursue objection to testimony in motion for new trial, failure to make timely objection bars consideration of admissibility. State v. Dailey, 228 K. 566, 570, 618 P.2d 833.

72. No contemporaneous objection precludes appellate review; conviction of murder affirmed. State v. Williams, 228 K. 723, 731, 621 P.2d 423.

73. Failure to object to erroneous admission of evidence bars consideration of admissibility on appeal. State v. Patchett, 229 K. 163, 167, 621 P.2d 1011.

74. Error cannot be predicated on complaint of misconduct in closing argument where no objection lodged. State v. Rouse, 229 K. 600, 607, 629 P.2d 167 (1981).

75. Failure to object at trial to admission of certain evidence relating to computation of damages barred appellants from asserting issue on appeal. English Village Properties, Inc. v. Boettcher & Lieurance Constr. Co., 7 K.A.2d 307, 311, 640 P.2d 1280 (1982).

76. Failure to make contemporaneous objection of admission of evidence; no grounds for reversal. Sieben v. Sieben, 231 K. 372, 375, 646 P.2d 1036 (1982).

77. Contemporaneous objection rule applied. State v. Churchill, 231 K. 408, 417, 646 P.2d 1049 (1982).

78. In action brought under Federal Employer's Liability Act right of contribution against third-party tortfeasor allowed by 60-258a. Gaulden v. Burlington Northern, Inc., 232 K. 205, 217, 654 P.2d 383 (1982).

79. No error in denying plaintiff's motion in limine to exclude evidence of defendant's pregnancy. Reeve v. McBrearety, 8 K.A.2d 419, 421, 660 P.2d 75 (1983).

80. If error was committed in allowing inadmissible answer during testimony, it was not reversible error. Kearney v. Kansas Public Service Co., 233 K. 492, 498, 665 P.2d 757 (1983).

81. Specific objection to witness' testimony was not timely raised during trial; claim of error will not be considered on review. State v. Garcia, 233 K. 589, 608, 664 P.2d 1343 (1983).

82. Where defendant raised subject of polygraph tests on direct examination, proper area for cross-examination. State v. Crispin, 234 K. 104, 108, 109, 671 P.2d 502 (1983).

83. Failure to raise issue of impermissible compulsion to testify at trial not considered for first time on appeal. State v. Handley, 234 K. 454, 458, 673 P.2d 1155 (1983).

84. Where figures on blood characteristics considered reliable by scientific community, objection, if raised, would be overruled. State v. Pearson, 234 K. 906, 922, 678 P.2d 605 (1984).

85. A point cannot be raised for first time on appeal. State v. McConnell, 9 K.A.2d 688, 692, 688 P.2d 1224 (1984).

86. Defendant may raise on appeal issue objected to by codefendant at trial. State v. Powell, 9 K.A.2d 748, 749, 687 P.2d 1375 (1984).

87. Failure to timely object to questions on cross-examination; issue not considered on appeal. State v. Murdock, 236 K. 146, 153, 689 P.2d 814 (1984).

88. Failure to object contemporaneously and eliciting testimony from several witnesses on subject prohibit complaint of admission. Douglas v. Lombardino, 236 K. 471, 482, 693 P.2d 1138 (1985).

89. Cited; prior theft (21-3701) convictions not element of felony theft; no error in admitting evidence absent objection. State v. Hanks, 10 K.A.2d 666, 670, 708 P.2d 991 (1985).

90. Statute not authority for eliciting objectionable testimony a second time on cross-examination to preserve untimely objection. State v. Yarrington, 238 K. 141, 145, 708 P.2d 524 (1985).

91. Failure to make timely objection precludes appeal. State v. Bird, 238 K. 160, 172, 708 P.2d 946 (1985).

92. Court will not review alleged error in absence of timely objection. State v. O'Neal, 238 K. 183, 188, 708 P.2d 206 (1985).

93. Where objections to question not made at trial nor to rephrased question, appellate consideration precluded. Hagedorn v. Stormont-Vail Regional Med. Center, 238 K. 691, 702, 715 P.2d 2 (1986).

94. While issues cannot first be raised on appeal, the court will exercise an abundance of caution in reviewing record. State v. McQuillen, 239 K. 590, 592, 721 P.2d 740 (1986).

95. If evidence admitted in error had been excluded, verdict would have been the same. State v. Bishop, 240 K. 647, 659, 732 P.2d 765 (1987).

96. Statute not controlling on trial judge in determining whether to grant new trial. State v. Burnett, 13 K.A.2d 60, 62, 762 P.2d 192 (1988).

97. Necessity for objection to testimony on basis of 60-455 at trial before heard on appeal noted. State v. Young, 14 K.A.2d 21, 37, 784 P.2d 366 (1989).

98. When motion in limine prior to trial denied, moving party must object again at trial to preserve issue. State v. Trotter, 245 K. 657, 659, 783 P.2d 1271 (1989).

99. Defendant's obligation to specify objection to admission of evidence to preserve it for appeal stated. State v. Skelton, 247 K. 34, 45, 795 P.2d 349 (1990).

100. Timely objection with specific ground required to preserve question on appeal. State v. Wilson, 247 K. 87, 98, 795 P.2d 336 (1990).

101. Erroneous admission of evidence allowed where no objection made at trial; not an issue on appeal. Anderson v. Scheffler, 248 K. 736, 742, 811 P.2d 1125 (1991).

102. Where no objection made to particular testimony, it cannot form basis for an issue on appeal. State v. Arrington, 251 K. 747, 751, 840 P.2d 477 (1992).

103. Effect of failure to make contemporaneous objection at trial to admissibility of prior crimes evidence examined. State v. Clements, 252 K. 86, 89, 843 P.2d 679 (1992).

104. Admissibility of prior convictions evidence and opinion testimony on profile of drug traffickers in civil forfeiture action (65-4135) examined. State v. 1978 Chevrolet Automobile, 17 K.A.2d 144, 155, 835 P.2d 1376 (1992).

105. Specific grounds for objection must be given at trial to preserve issue for appeal. State v. Cooper, 252 K. 340, 349, 845 P.2d 631 (1993).

106. Failure to object at trial, waives any objection to denial of motion in limine. Morgan v. Abay, 252 K. 853, 856, 850 P.2d 840 (1993).

107. The words "I object" not necessary; statements to the court sufficiently lodged opposition to introduction of evidence. State v. Bowman, 252 K. 883, 887, 850 P.2d 236 (1993).

108. Admissibility of prior crimes evidence examined. State v. Synoracki, 253 K. 59, 70, 853 P.2d 24 (1993).

109. Whether clearly erroneous exception should replace contemporaneous objection rule for preserving issues on appeal examined. State v. Johnson, 255 K. 252, 254, 874 P.2d 623 (1994).

110. Whether defense lodged continuing objection so as to preserve issue for appeal examined. McKissick v. Frye, 255 K. 566, 582, 876 P.2d 1371 (1994).

111. Whether defense opened the door justifying prosecution's comment on defendant's postarrest silence examined. State v. Brinkley, 256 K. 808, 820, 888 P.2d 819 (1995).

112. Whether exceptional circumstances required consideration of issue on appeal not raised in trial court examined. State v. McIver, 257 K. 420, 432, 902 P.2d 982 (1995).

113. Objection by defendant to marital discord evidence does not preserve objection to drug and child abuse evidence for appeal. State v. Cheeks, 258 K. 581, 594, 908 P.2d 175 (1995).

114. Trial court did not abuse discretion by admitting evidence of flight by defendant after crime committed. State v. Webber, 260 K. 263, 273, 918 P.2d 609 (1996).

115. Record indicated sufficient continuing objection to allow raising admissibility of evidence issue on appeal. Boyle v. Harries, 22 K.A.2d 686, 692, 923 P.2d 504 (1996).

116. Issue not preserved on appeal where no objection to evidence (polygraph results) violating order in limine. State v. Moncla, 262 K. 58, 66, 936 P.2d 727 (1997).

117. Admission of defendant's statement and physical samples after suppression denied not properly objected to at trial or raised on appeal. State v. Salcido-Corral, 262 K. 392, 404, 940 P.2d 11 (1997).

118. Defense counsel's failure to contemporaneously object to admission of defendant's confession precluded appellate review. State v. Cellier, 263 K. 54, 64, 948 P.2d 616 (1997).

119. Party may not object to introduction of evidence at trial and assert different objection on appeal. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 K.A.2d 1038, 1055, 940 P.2d 84 (1997).

120. Trial counsel's failure to make timely objection precluded appellate review on evidentiary issue. State v. Johnson, 266 K. 322, 336, 970 P.2d 990 (1998).

121. Defendant's failure to testify and timely object to pretrial evidentiary ruling precluded habeas review. Hunt v. Lee, 19 F.Supp.2d 1212, 1214 (1998).

122. Defendant's failure to object and counsel's acquiescence to in camera hearing; arguments that rights violated fall within harmless error rule. State v. Lyons, 266 K. 591, 597, 973 P.2d 794 (1999).

123. Claim of erroneous admission of evidence may not be raised on appeal absent objection at trial. State v. Valdez, 266 K. 774, 789, 977 P.2d 242 (1999).

124. After pretrial motion to suppress defendant's statement was denied, moving party must object to introduction of statement at trial to preserve appeal on issue of voluntariness. State v. Jones, 267 K. 627, 637, 638, 984 P.2d 132 (1999).

125. Admission of evidence may not be raised on appeal absent timely objection at trial. State v. Graham, 272 K. 2, 30 P.3d 310 (2001).

126. Judgment shall not be reversed because of erroneous instruction unless objection is on record clearly stating grounds for objection. State v. Percival, 32 K.A.2d 82, 79 P.3d 211 (2003).

127. Court precluded from considering defendant's argument on appeal where defendant objected to evidence on different grounds at trial. State v. Woolverton, 35 K.A.2d 478, 484, 485, 490, 131 P.3d 1253 (2006).

128. In a bench trial, objection to statements after witness had almost completed testifying on direct but before cross-examination was timely. State v. Araujo, 36 K.A.2d 747, 750, 144 P.3d 66 (2006).

129. Contemporaneous objection rule does not apply when the same judge presides at the suppression hearing and at the bench trial with stipulated facts, no witnesses and no additional evidence presented at trial. State v. Bastian, 37 K.A.2d 156, 159, 150 P.2d 912 (2007).

130. Timely and specific objection to the admission of evidence at trial necessary to preserve issue for appeal. State v. Miller, 284 K. 682, 694, 704, 708, 163 P.3d 267 (2007).

131. Cited by dissent, K.S.A. 60-404 prohibits reversal for erroneous admission of evidence where no contemporaneous objection. State v. Cosby, 285 K. 230, 253, 169 P.3d 1128 (2007).

132. Court considers double hearsay and confrontation clause on appeal even though counsel did not object. State v. Brown, 285 K. 261, 280, 173 P.3d 612 (2007).

133. Kansas procedure requires confession be challenged prior to or during trial or not at all. State v. Stevens, 285 K. 307, 326, 327, 172 P.3d 570 (2007).

134. Prior protection from stalking orders admissible under the circumstances. Wentland v. Uhlarik, 37 K.A.2d 734, 740, 159 P.3d 1035 (2007).

135. When defendant's claim for prosecutorial misconduct implicates right of fair trial, appellate court reviews regardless whether objection made. State v. Murray, 285 K. 503, 510, 174 P.3d 407 (2008).

136. Section contains no "contemporaneous objection" requirement, contra K.S.A. 60-404. State v. Holt, 285 K. 760, 768, 176 P.3d 239 (2008).

137. When prosecutorial misconduct implicates right to fair trial, appellate court will review even though no objection made. State v. Fewell, 286 K. 370, 386, 388, 184 P.3d 903 (2008).

138. Mentioned; defendant failed to object to the admission of prior consistent statements; no error. State v. Johnson, 286 K. 824, 839, 190 P.3d 207 (2008).

139. Cited; party must make timely objection to preserve for appeal on issue relating to admission of evidence. State v. Hughes, 286 K. 1010, 1024, 191 P.3d 268 (2008).

140. Cited; no error found about the introduction of evidence of uncharged crimes and other bad acts. State v. Cook, 286 K. 1098, 1109, 191 P.3d 294 (2008).

141. Cited; witness testified what murder victim said but no constitutional confrontation objection raised at trial; no reversible error. State v. Anderson, 287 K. 325, 340, 197 P.3d 409 (2008).

142. Verdict not to be set aside by reason of an erroneous admission of evidence unless there is objection. State v. Bloomquist, 39 K.A.2d 101, 111, 178 P.3d 42 (2008).

143. Cited; no contemporaneous objection made but defendant preserved issue by two motions to suppress. State v. Moore, 39 K.A.2d 568, 576, 181 P.3d 1258 (2008).

144. Cited in case alleging erroneous admission of evidence, no error found. State v. Watson, 39 K.A.2d 923, 932, 186 P.3d 812 (2008).

145. Cited; defendant failed to object to admission of evidence; precluded from asserting issue for first time on appeal. State v. Watkins, 40 K.A.2d 1, 7, 190 P.3d 266 (2008).

146. Cited; court considers testimony objected to on appeal even though no objection at trial. State v. Reed, 40 K.A.2d 269, 274, 191 P.3d 341 (2008).

147. Cited; to preserve a K.S.A. 60-455 issue for appeal, defendant must object on that ground at trial. State v. Morris, 40 K.A.2d 769, 778, 779, 196 P.3d 422 (2008).

148. Cited; protection from abuse order against defendant, no clear error found in admitting evidence thereof. State v. Jones, 40 K.A.2d 1146, 1157, 201 P.3d 710 (2009).

149. Alleged error in admitting evidence under K.S.A. 60-455 not held to be reversible, no contemporaneous objection. State v. Hoffman, 288 K. 100, 200 P.3d 1254 (2009).

150. Defendant did not preserve appellate review of district court admitting unchallenged photos. State v. Decker, 288 K. 306, 202 P.3d 669 (2009).

151. Evidentiary claims, including prosecutor's questions and responses thereto, must be preserved by contemporaneous objection for appellate review. State v. King, 288 K. 333, 204 P.3d 585 (2009).

152. No error in admission of evidence of prior bad acts or photos of victim. State v. Riojas, 288 K. 379, 204 P.3d 578 (2009).

153. Appellate court considers defendant's argument even though defendant failed to object at trial. State v. Sharp, 289 K. 72, 210 P.3d 590 (2009).

154. Contemporaneous objection rule and case law discussed and applied. State v. Houston, 289 K. 252, 213 P.3d 728 (2009).

155. Defendant's argument that testimony should have been excluded is rejected; no timely objection. State v. Richmond, 289 K. 419, 212 P.3d 165 (2009).

156. No reversal for erroneous admission of evidence unless contemporaneous objection appears of record. State v. Trussell, 289 K. 499, 213 P.3d 1052 (2009).

157. K.S.A. 22-3437 held unconstitutional; third and fourth sentence severed from subsection (c). State v. Laturner, 289 K. 727, 218 P.3d 23 (2009).

158. Relating to other crime evidence, construed and applied. State v. Blaurock, 41 K.A.2d 178, 201 P.3d 728 (2009).

159. Defendant failed to object to admission of prior bad acts. State v. Herrera, 41 K.A.2d 215, 202 P.3d 68 (2009).

160. Other crimes evidence not objected to at trial, defendant precluded from raising issue on appeal. State v. Deal, 41 K.A.2d 866, 206 P.3d 529 (2009).

161. Alleged constitutional error in state's comments regarding defendant's refusal to consent to search; search upheld, no contemporaneous objection. State v. Preston, 41 K.A.2d 981, 207 P.3d 1081 (2009).

162. Evidence admitted that defendant watched pornographic movies with child; no error found; no objection at trial. State v. Gaona, 41 K.A.2d 1064, 208 P.3d 308 (2009).

163. Party may not object at trial to evidence on one ground and on appeal a different ground. Foster v. Klaumann, 42 K.A.2d 634, 216 P.3d 671 (2009).

164. Defendant preserved the hearsay issue for appeal by raising a timely and specific objection. State v. Kelley, 42 K.A.2d 782, 217 P.3d 56 (2009).

165. Issue of admissibility of the defendant's confession not preserved for appeal. State v. Hollingsworth, 289 K. 1250, 221 P.3d 1122 (2009).

166. No abuse of discretion in trial court's denial of a new trial where estate of patient failed to contemporaneously object to testimony. Estate of Mills v. Mangosing, 44 K.A.2d 399, 238 P.3d 293 (2010).

167. Defendant's prior drug use evidence admitted; his challenge to the admissibility not preserved for appeal. State v. Marler, 290 K. 119, 223 P.3d 804 (2010).

168. Constitutional issue not properly preserved for appellate review for lack of timely and specific objection. State v. Shadden, 290 K. 803, 235 P.3d 436 (2010).

169. Defendant precluded from challenging admissibility where there was no timely and specific objection at trial. State v. Hart, 44 K.A.2d 986, 242 P.3d 1230 (2010).

170. Defendant's failure to contemporaneously object to admission of prior crimes evidence precludes appellate review. State v. Nelson, 291 K. 475, 243 P.3d 343 (2010).

171. Defendant failed to preserve for appeal due process rights claim by failing to suppress evidence of his show-up identification before trial or object to introduction of such evidence at trial. State v. Calderon-Aparicio, 44 K.A.2d 830, 242 P.3d 1197 (2010).

172. Defendant's confrontation clause claim held not preserved for failure to make a specific and timely objection at trial. State v. Levy, 292 K. 379, 253 P.3d 341 (2011).

173. Defendant's filing of a pretrial motion to suppress evidence satisfies the requirements despite his failure to reiterate the basis of his motion during the trial. State v. Kelly, 295 K. 587, 285 P.3d 1026 (2012).

174. Contemporaneous objection required to preserve evidentiary claims including questions by prosecutor and responses. State v. Bridges, 297 K. 989, 306 P.3d 244 (2013).

175. Party must make contemporaneous and specific objection to the admission of evidence at the time the evidence is introduced at trial to preserve for appeal. State v. Villa-Vasquez, 49 K.A.2d 421, 310 P.3d 426 (2013).

176. Appellate review is precluded if a party objects to evidence on one ground at trial but then asserts a different ground on appeal. State v. Reed, 300 K. 494, 499, 332 P.3d 172 (2014).

177. Trial objection must be specific enough that a trial court can fully consider the admissibility of evidence, which can be accomplished by pretrial arguments presented to the trial court. Such an objection must still be raised at trial to preserve the issue on appeal. State v. Barber, 302 K. 367, 373, 353 P.3d 1108 (2015).

178. Defendant's failure to object at trial precludes appellate review. State v. Solis, 305 K. 55, 64, 378 P.3d 532 (2016).

179. Defendants cannot circumvent the contemporaneous objection requirements by characterizing the appellate issue as prosecutorial error, rather than an evidentiary error. State v. Lowery, 308 K. 1183, 1195, 427 P.3d 865 (2018).

180. The contemporaneous objection rule is not satisfied by objecting to the introduction of evidence on one ground at trial and arguing another ground on appeal. State v. Garcia-Garcia, 309 K. 801, 441 P.3d 52 (2019).

181. Failure to object to oral testimony regarding purchase of video watch, even though an objection was made when the receipt and order confirmation were introduced, failed to preserve the issue for appeal. State v. Hays, 57 K.A.2d 895, 904, 462 P.3d 1195 (2020).

182. A defendant may not evade the contemporaneous objection requirement demanded by this section by asserting an evidentiary claim on appeal under the guise of prosecutorial error. State v. George, 311 K. 693, 701, 466 P.3d 469 (2020).

183. A pretrial objection alone is not timely for purposes of this section because a ruling on an in limine motion is subject to change as the case goes forward. State v. Carter, 312 K. 526, 477 P.3d 1004 (2020).

184. Admitting evidence for a limited purpose does not automatically require judge to instruct the jury on such limitation. State v. Alfaro-Valleda, 314 K. 526, 548, 502 P.3d 66 (2022).


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