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60-420. Evidence generally affecting credibility. Subject to K.S.A. 60-421 and 60-422, for the purpose of impairing or supporting the credibility of a witness, any party including the party calling the witness may examine the witness and introduce extrinsic evidence concerning any conduct by him or her and any other matter relevant upon the issues of credibility.

History: L. 1963, ch. 303, 60-420; January 1, 1964.

Cross References to Related Sections:

Exceptions to exclusions of hearsay evidence, see 60-460.

Law Review and Bar Journal References:

Survey of law of evidence, Spencer A. Gard, 12 K.L.R. 239, 243 (1963).

Discussion of criminal procedure in state courts, Frank R. Gray, 34 J.B.A.K. 316, 320 (1965).

"Survey of Kansas Law; Evidence," Spencer A. Gard, 16 K.L.R. 125, 136 (1967).

"Benton v. Maryland: A Further Extension of the Rights of the Individual in Criminal Proceedings," 18 K.L.R. 309, 314 (1970).

"Evidence of Alcohol/Drug Intoxication and Usage," Randall Rathbun, 6 J.K.T.L.A. No. 4, 23 (1983).

"Expungement: Lies That Can Hurt You in and out of Court," Steven K. O'Hern, 27 W.L.J. 574, 578, 586, 589, 598 (1988).

"Trial Techniques in Persuasion in a Medical Malpractice Case," Bradley J. Prochaska, J.K.T.L.A. Vol. XIX, No. 2, 8, 10 (1995).

"Introducing Evidence of Settlement in Multi-Defendant Medical Malpractice Cases," Tom Pickert, K.D.J. Fall, Issue II (2008).

CASE ANNOTATIONS

1. One's own witness can be cross-examined to test credibility. Taylor v. Maxwell, 197 K. 509, 512, 419 P.2d 822.

2. Admissibility of evidence of prior convictions hereunder for impeaching witness discussed. Tucker v. Lower, 200 K. 1, 3, 434 P.2d 320.

3. No error in permitting examination of hostile witnesses by leading questions. State v. Collins, 204 K. 55, 58, 460 P.2d 573.

4. Cited in holding evidence as to prior convictions of defendant admissible. State v. Burgess, 205 K. 224, 227, 468 P.2d 229.

5. Redirect examination to impair credibility of state's witness held proper. State v. Harden, 206 K. 365, 377, 480 P.2d 53.

6. In cross-examination of defendant's character witness, inquiry must be directed to the witness' "hearing" of disparaging rumor as negativing the reputation; no question as to "fact" of the misconduct permissible. State v. Hinton, 206 K. 500, 506, 507, 479 P.2d 910.

7. Section permits any party to examine a witness, including party who calls him, as to any conduct or matter relevant to issue of credibility. State v. Franklin, 206 K. 527, 528, 479 P.2d 848.

8. A witness may be examined by any party including the party who called him for purpose of affecting his credibility. State v. Armstrong, 207 K. 681, 687, 688, 486 P.2d 1322.

9. Former convictions admissible on issue of credibility. Munsell v. Ideal Food Stores, 208 K. 909, 928, 494 P.2d 1063.

10. No error in prosecution impeachment of state's witness called by the defendant; conviction upheld. State v. Scott, 210 K. 426, 433, 502 P.2d 753.

11. Aggravated robbery; hung jury; witness evaded process for second trial; testimony at first trial admitted; no error. State v. Ford, 210 K. 491, 502 P.2d 786.

12. Applied; allegations that rebuttal testimony of witness impeached other state testimony without merit. State v. Blocker, 211 K. 185, 191, 505 P.2d 1099.

13. Cited in determining drug offenses per se do not involve dishonesty or false statement; inadmissible under 60-421 as affecting credibility. State v. Belote, 213 K. 291, 295, 516 P.2d 159.

14. Applied; evidence of prior conviction of witness for purpose of impeachment upheld. State v. Laughlin, 216 K. 54, 56, 530 P.2d 1220.

15. Admission of evidence concerning success of state's witness in securing convictions in unrelated case held error. State v. Steger, 216 K. 534, 537, 532 P.2d 1115.

16. Applied; conviction of theft affirmed; no error in rulings on admission of evidence. State v. Norwood, 217 K. 150, 156, 535 P.2d 996.

17. Claim of self-incrimination held without merit; conflicting statements of defendants as to whereabouts at time of trial admissible. State v. Donahue, 218 K. 351, 353, 543 P.2d 962.

18. Exclusion of evidence as to prior convictions of a witness not reversible error. State v. Mahkuk, 220 K. 74, 77, 551 P.2d 869.

19. No abuse of discretion by trial court in determining extent and limitation on extrinsic evidence; tests. State v. Hall, 220 K. 712, 716, 556 P.2d 413.

20. Section 60-243(b) to be considered "in light of" this section. Manley v. Rings, 222 K. 258, 261, 564 P.2d 482.

21. Applied; testimony inadmissible; limitation on cross-examination proper. State v. Smallwood, 223 K. 320, 326, 574 P.2d 1361.

22. Prejudicial error in limiting rebuttal evidence on collateral issues; new trial ordered. State v. Nixon, 223 K. 788, 792, 576 P.2d 691.

23. Scope of state's rebuttal evidence reviewed; held court did not abuse discretion; conviction affirmed. State v. Thornton, 224 K. 127, 130, 577 P.2d 1190.

24. No abuse of discretion in admission of prior inconsistent statements of children; prosecution for second degree murder. State v. Farley, 225 K. 127, 131, 587 P.2d 337.

25. Conviction of aggravated robbery; testimony of rebuttal witnesses did not agree with victim's testimony but was properly admitted hereunder. State v. Taylor, 225 K. 788, 791, 594 P.2d 211.

26. Cross-examination of defendant as to termination of previous employment for impeachment purposes upheld. State v. Ramsey, 228 K. 127, 129, 612 P.2d 603.

27. If prior convictions involving dishonesty not mentioned on direct, state could not have cross-examined on LSD conviction. State v. Logan, 236 K. 79, 83, 689 P.2d 778 (1984).

28. Where impeachment questions and responses assumed improper, error harmless if substantial rights not prejudiced. Hagedorn v. Stormont-Vail Regional Med. Center, 238 K. 691, 700, 701, 715 P.2d 2 (1986).

29. Prejudicial to defendant for court to exclude evidence which put accomplice's credibility in doubt. State v. Davis, 237 K. 155, 160, 697 P.2d 1321 (1985).

30. Cited; evidence regarding competency of victim/witness to stand trial in 1963 proceeding as impeaching present credibility examined. State v. Hicks, 240 K. 302, 307, 729 P.2d 1146 (1986).

31. Reversible error in excluding testimony proffered by appellant for the purpose of impeaching the credibility of a state's witness. State v. Macomber, 241 K. 154, 158, 734 P.2d 1148 (1987).

32. Unemployment benefit hearing transcripts as inadmissible at any proceeding except those enumerated (44-714) examined. Batt v. Globe Engineering Co., 13 K.A.2d 500, 502, 774 P.2d 371 (1989).

33. No limiting instruction requirement under 60-455 noted where statements of turncoat witness admissible hereunder. State v. Wilson, 247 K. 87, 795 P.2d 336 (1990).

34. Defendant's impeachment of state witness not limited to cross-examination. State v. Beans, 247 K. 343, 348, 800 P.2d 145 (1990).

35. Admission of evidence that defense witness shared jail cell with defendant, reason for being in jail examined. State v. Wesson, 247 K. 639, 651, 802 P.2d 574 (1990).

36. Noted in challenge to admission of facilitated communications process used by autistic child witness. State v. Warden, 257 K. 94, 113, 891 P.2d 1074 (1994).

37. Under facts, conviction of failure to appear may not be used to impeach credibility of witness. State v. Marble, 21 K.A.2d 509, 516, 901 P.2d 521 (1995).

38. Trial court admission of testimony that witness had AIDS did not constitute reversible error. State v. Collier, 259 K. 346, 353, 913 P.2d 597 (1996).

39. Trial court error in excluding prior inconsistent statements of witness held harmless error. State v. Matson, 260 K. 366, 377, 921 P.2d 790 (1996).

40. Admission of letter to witness which was relevant to credibility and motive of witness not erroneous. State v. Green, 260 K. 471, 478, 920 P.2d 414 (1996).

41. Limiting cross-examination concerning diversion for theft to impeach witness character trait of veracity upheld. State v. Sanders, 263 K. 317, 319, 949 P.2d 1084 (1997).

42. Defendant's criminal history inadmissible as evidence of conviction of crime and as improper character evidence absent defendant's credibility being in issue by action of defendant. State v. Smith, 28 K.A.2d 56, 11 P.3d 520 (2000).

43. Rebuttal evidence admissible under K.S.A. 60-420 to attack defendant's credibility. State v. Cosby, 285 K. 230, 250, 169 P.3d 1128 (2007).

44. Failure to admit certain evidence and limiting defense counsel's cross examination held reversible error. State v. Scott, 39 K.A.2d 49, 56, 57, 59, 177 P.3d 972 (2008).

45. Witness credibility character evidence discussed; evidence of specific instances disallowed. State v. Penn, 41 K.A.2d 251, 201 P.3d 752 (2009).

46. 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).

47. Court abused its discretion in excluding defendant's prior inconsistent statements. State v. Stinson, 43 K.A.2d 468, 227 P.3d 11 (2010).

48. State used documents not admitted into evidence in the trial of sexually violent predator case; fair trial not provided. In re Care & Treatment of Ontiberos, 45 K.A.2d 235, 247 P.3d 686 (2011).

49. District court's ruling limiting method of impeachment to rebuttal witnesses instead of cross-examination upheld. State v. Frantz, 316 Kan. 708, 729, 521 P.3d 1113 (2022).


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