KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

60-421. Limitations on evidence of conviction of crime as affecting credibility. Evidence of the conviction of a witness for a crime not involving dishonesty or false statement shall be inadmissible for the purpose of impairing his or her credibility. If the witness be the accused in a criminal proceeding, no evidence of his or her conviction of a crime shall be admissible for the sole purpose of impairing his or her credibility unless the witness has first introduced evidence admissible solely for the purpose of supporting his or her credibility.

History: L. 1963, ch. 303, 60-421; January 1, 1964.

Source or prior law:

G.S. 1868, ch. 80, § 319; L. 1909, ch. 182, § 317; R.S. 1923, 60-2801.

Law Review and Bar Journal References:

Major departure from prior rule, "Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 212 (1962).

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

Reference made to identification of accused from "mug shots," Spencer A. Gard, 16 K.L.R. 125, 131 (1967).

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

"Criminal Law—Incompetency of Defense Counsel," Jess J. Myers, 9 W.L.J. 293 (1970).

"Other Vices, Other Crimes: An Evidentiary Dilemma," M.C. Slough, 20 K.L.R. 411, 414 (1972).

Comment concerning rebuttal of character evidence, 14 W.L.J. 383, 385 (1975).

Survey of criminal law, Dan Walter and Dick Ring, 15 W.L.J. 341, 345 (1976).

The legal effect of jury answers to special verdict questions under Kansas comparative negligence law, David E. Pierce, 16 W.L.J. 114, 121, (1976).

"Other Vices, Other Crimes: K.S.A. 60-455 Revisited," M. C. Slough, 26 K.L.R. 161, 169 (1978).

"Evidence of Other Crimes in Kansas," Randall K. Rathbun and Chad M. Renn, 17 W.L.J. 98 (1977).

"Survey of Kansas Law: Evidence," Spencer A. Gard, 27 K.L.R. 225, 235 (1979).

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

"Survey of Kansas Law: Evidence," Mark M. Dobson, 32 K.L.R. 625, 634 (1984).

"Drawing the Sting on Prior Convictions," Laurence Rose, Vol. VII, No. 6, J.K.T.L.A. 7 (1984).

"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).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-2801 and the 1961 Supp. thereto.

1. Prior to January 1, 1964, criminal defendant who took the stand could be examined on prior convictions. State v. Ross, 194 K. 692, 401 P.2d 915.

2. Admissibility of evidence considered. State v. Minor, 195 K. 539, 541, 407 P.2d 242.

3. Statute limits application of 60-420. Taylor v. Maxwell, 197 K. 509, 512, 419 P.2d 822.

4. Testimony concerning identification of defendant from police photographs not violation hereof. State v. Childs, 198 K. 4, 9, 422 P.2d 898.

5. Evidence of prior conviction not admissible for purpose of impairing credibility. State v. Motley, 199 K. 335, 336, 338, 430 P.2d 264.

6. Crime must involve dishonesty or false statement; admissibility not based on penalty imposed for crime. Tucker v. Lower, 200 K. 1, 3, 4, 5, 434 P.2d 320.

7. Where evidence of prior offenses inadmissible hereunder but admissible under 60-455, court must instruct jury as to its limited purpose; failure to do so, regardless of request for such, is prejudicial error. State v. Roth, 200 K. 677, 678, 680, 682, 684, 685, 438 P.2d 58.

8. Construed with provisions of 60-455; admissibility of evidence of prior convictions considered. State v. McCorvey, 199 K. 194, 196, 197, 198, 428 P.2d 762. Modified in part: State v. Roth, 200 K. 677, 682, 683, 438 P.2d 58.

9. Evidence of prior offenses of witness inadmissible to impair credibility where witness is the accused and has not introduced evidence solely for purpose of supporting his credibility. State v. Roth, 200 K. 677, 678, 680, 682, 684, 685, 438 P.2d 58.

10. Evidence of prior conviction inadmissible for sole purpose of impairing the accused's credibility when he takes stand unless he first introduces evidence admissible solely for purpose of supporting credibility. State v. Cantrell, 201 K. 182, 187, 188, 440 P.2d 580.

11. Not error for state to cross-examine defendant as to previous convictions and acts of misconduct when defendant placed his credibility as witness in evidence. State v. DeLespine, 201 K. 348, 351, 440 P.2d 572.

12. Cross-examination of witness as to conviction of contributing to dependency and neglect of minor not in violation of statute where defendant attempted to inject juvenile court proceedings into case at all times during trial. State v. Fahy, 201 K. 366, 369, 440 P.2d 566.

13. Extent of cross-examination limited by section. State v. Jackson, 201 K. 795, 798, 443 P.2d 279.

14. Cross-examination improper under this section; jury instructions; no prejudicial error. State v. Wright, 203 K. 54, 55, 56, 453 P.2d 1.

15. Where defendant testifies as to prior conviction on direct examination, subject to cross-examination thereon. State v. Pappan, 206 K. 195, 197, 477 P.2d 989.

16. Held error to inquire if witness had ever been convicted of felonies; question broader in scope than section permits. State v. Armstrong, 207 K. 681, 688, 486 P.2d 1322.

17. Former conviction admissible to attack credibility. Munsell v. Ideal Food Stores, 208 K. 909, 928, 494 P.2d 1063.

18. "Terroristic threat" prosecution; evidence of prior convictions elicited on cross-examination; no evidence supporting credibility; prejudicial error. State v. Gunzelman, 210 K. 481, 489, 502 P.2d 705.

19. Admission of testimony of prior crimes of defendant held proper in cross-examination responsive to testimony on direct examination. State v. Ralls, 213 K. 249, 255, 515 P.2d 1205.

20. Drug offenses per se do not involve dishonesty or false statement; convictions therefor inadmissible as affecting credibility. State v. Belote, 213 K. 291, 294, 295, 516 P.2d 159.

21. Construed with 60-447; cross-examination of defendant on past act of violence allowed. State v. Stokes, 215 K. 5, 7, 523 P.2d 364.

22. Applied; error to permit cross-examination as to prior convictions to impair credibility. State v. Harris, 215 K. 649, 650, 527 P.2d 949.

23. Contention that cross-examination of witness concerning prior conviction was in violation of section without merit. State v. Price, 215 K. 718, 722, 723, 529 P.2d 85.

24. Scope and extent of cross-examination in prosecution for unauthorized sale of marijuana with discretion of trial court. State v. Nix, 215 K. 880, 884, 529 P.2d 147.

25. Applied; evidence of prior conviction on cross-examination reversible error; not within scope of direct examination. State v. Harris, 215 K. 961, 962, 963, 529 P.2d 101.

26. Cross-examination as to former conviction proper to rebut direct examination as to character. State v. Giddings, 216 K. 14, 21, 531 P.2d 445.

27. Applied; crime of robbery constituted dishonesty; cross-examination of witness for purpose of impeachment upheld. State v. Laughlin, 216 K. 54, 55, 56, 530 P.2d 1220.

28. Refusal of trial court to compel prosecutor to produce information concerning prior convictions of complainant, error. State v. Humphrey, 217 K. 352, 359, 537 P.2d 155.

29. Adjudication of delinquency involving dishonesty or false statement constituted conviction of crime within meaning of section; admissibility. State v. Deffenbaugh, 217 K. 469, 474, 536 P.2d 1030.

30. Admission of entire criminal file not proper method of establishing prior conviction as element of charge under 21-4204; not reversible error under facts. State v. Farris, 218 K. 136, 139, 542 P.2d 725.

31. 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.

32. Mentioned; evidence of good character introduced in criminal proceeding; proper under 60-447 to cross-examine on prior convictions. State v. Bowers, 218 K. 736, 737, 738, 545 P.2d 303.

33. Evidence of relevant convictions only are admissible. State v. Johnson, 219 K. 847, 852, 549 P.2d 1370.

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

35. Admission of evidence of burglary conviction to impeach credibility of witness upheld. State v. Thomas, 220 K. 104, 106, 551 P.2d 873.

36. Section inapplicable in criminal prosecution for violation of worthless check statute; credibility not an issue. State v. Powell, 220 K. 168, 172, 551 P.2d 902.

37. Conviction of crimes involving dishonesty may be shown for purpose of impairing credibility of witness. State v. Crowley, 220 K. 532, 535, 536, 552 P.2d 971.

38. Purpose of second sentence stated; evidence admitted in violation of section; conviction reversed. State v. Werkowski, 220 K. 648, 650, 556 P.2d 420.

39. Rebuttal testimony concerning crimes committed in Oklahoma allowed; convictions under 21-3701 and 21-3715 affirmed. State v. Burnett, 221 K. 40, 43, 44, 558 P.2d 1087.

40. Permitting state to cross examine defendant on matters he had introduced in evidence not error; conviction under 21-3734 affirmed. State v. Ferguson, 221 K. 103, 106, 107, 558 P.2d 1092.

41. Rebuttal evidence competent to show testimony false; admissible to attack credibility. State v. Blue, 221 K. 185, 188, 558 P.2d 136.

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

43. Conviction of selling liquor without a license not admissible hereunder; conviction of aggravated robbery affirmed. State v. Woolridge, 224 K. 480, 580 P.2d 1350.

44. Referred to in determining question of delinquency adjudication in lower court not moot. State v. Bolden, 2 K.A.2d 470, 472, 581 P.2d 1195.

45. Cross-examination as to reason for incarceration inadmissible to impeach credibility. State v. Shuckahosee, 2 K.A.2d 717, 718, 587 P.2d 923.

46. Failure to make timely objection to admissibility of evidence bars consideration of admissibility on appeal. State v. Whitehead, 226 K. 719, 721, 602 P.2d 1263.

47. Applied; evidence of crime not admissible hereunder until there is a conviction. State v. Lomax & Williams, 227 K. 651, 655, 608 P.2d 959.

48. Section not violated; defendant opened subject on direct examination. State v. Burnett, 4 K.A.2d 236, 237, 238, 604 P.2d 284.

49. Admission of mug book photograph altered to conceal writing and numbers on its face was not prejudicial as placing defendant's character in evidence. State v. Mack, 228 K. 83, 87, 612 P.2d 158.

50. Evidence of prior criminal conduct is subject to limitations hereunder. State v. Bryant, 228 K. 239, 245, 613 P.2d 1348.

51. Trial court committed reversible error in allowing cross-examination of defendant on prior conviction; conviction reversed. State v. Quick, 229 K. 117, 119, 122, 621 P.2d 997.

52. Drug offenses per se do not involve dishonesty or false statement in commission; convictions thereof inadmissible for purpose of impairing credibility. State v. Robinson, Lloyd & Clark, 229 K. 301, 308, 624 P.2d 964.

53. Arson not inherently crime of dishonesty reflecting on credibility; exclusion of evidence upheld. State v. Brown, 6 K.A.2d 556, 558, 630 P.2d 731 (1982).

54. No trial court error in admitting testimony elicited to show witness bias or prejudice. State v. Loveland, 8 K.A.2d 196, 200, 653 P.2d 472 (1982).

55. Where defendant's testimony goes beyond bounds of statutory protection and refers to specific prior events, state may cross-examine. State v. Chatmon, 234 K. 197, 203, 671 P.2d 531 (1983).

56. Lack of conviction renders evidence of pending charge inadmissible to impeach credibility of witness. State v. Handley, 234 K. 454, 460, 673 P.2d 1155 (1983).

57. Objection to admission of criminal conviction by mere word "objection" inadequate for appeal. Price v. Grimes, 234 K. 898, 901, 677 P.2d 969 (1984).

58. Limiting evidence of prior crimes to credibility question, with totality of representation, overcomes defense error admitting prior crimes. State v. Logan, 236 K. 79, 84, 689 P.2d 778 (1984).

59. Where crime does not involve dishonesty or false statement, failure to give credibility instruction thereon correct. Fudge v. City of Kansas City, 239 K. 369, 376, 720 P.2d 1093 (1986).

60. Reversible error in permitting admission of evidence of appellant's previous convictions. State v. Macomber, 241 K. 154, 156, 157, 734 P.2d 1148 (1987).

61. Excluding evidence of conviction involving dishonesty as harmless error absent showing of prejudice to complaining party (60-2105) determined. Bick v. Peat Marwick & Main, 14 K.A.2d 699, 711, 799 P.2d 94 (1990).

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

63. 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).

64. Admissibility of acts constituting crime that has been expunged examined where act may be relevant to fact in issue. Pope v. Ransdell, 251 K. 112, 124, 833 P.2d 965 (1992).

65. Refusal of trial court to declare mistrial after defendant cross-examined about prior conviction considered; no abuse of discretion found. State v. Chandler, 252 K. 797, 800, 801, 850 P.2d 803 (1993).

66. Evidence of commission of crime or civil wrong that is admissible independent of 60-455 is admissible independent of 60-421. State v. Bowman, 252 K. 883, 887, 889, 850 P.2d 236 (1993).

67. Admissibility of prior crimes evidence examined. State v. Synoracki, 253 K. 59, 69, 853 P.2d 24 (1993).

68. Whether evidence of marijuana possession conviction is admissible as rebuttal evidence examined. State v. Peckham, 255 K. 310, 331, 875 P.2d 257 (1994).

69. Whether failure to give credibility instruction where conviction involves dishonesty or false statement is reversible error examined. State v. Davis, 255 K. 357, 367, 874 P.2d 1156 (1994).

70. Whether judge's limitations on defendant's testimony violated defendant's right to present a defense examined. State v. Gibbons, 256 K. 951, 957, 889 P.2d 772 (1995).

71. Whether court abused discretion by failing to order mistrial after prosecutor asked about previous unrelated criminal convictions examined. State v. McMullen, 20 K.A.2d 985, 988, 894 P.2d 251 (1995).

72. Trial court did not abuse discretion by admitting defendant's federal fraud conviction as relevant in marital homicide prosecution. State v. Haddock, 257 K. 964, 980, 897 P.2d 152 (1995).

73. 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).

74. If defendant unsolicited emphasizes he or she is then telling the truth, such testimony may be considered as supporting defendant's credibility. State v. Johnson, 21 K.A.2d 576, 578, 907 P.2d 144 (1995).

75. Cited in discussion concerning defense counsel's lack of awareness of section for ineffective counsel purposes. State v. Rice, 261 K. 567, 604, 932 P.2d 981 (1997).

76. As to credibility of doctor, evidence of public censure for providing false information in unrelated matter inadmissible in malpractice suit. Shirley v. Smith, 261 K. 685, 699, 700, 933 P.2d 651 (1997).

77. Evidence of witness diversion for theft constituted evidence of prior bad act; not conviction of crime involving dishonesty. State v. Sanders, 263 K. 317, 320, 949 P.2d 1084 (1997).

78. Evidence that defendant was on probation at time of alleged crime properly admitted as rebuttal evidence. State v. Thompkins, 263 K. 602, 624, 952 P.2d 1338 (1998).

79. 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).

80. No error to admit evidence of defendant's house arrest. State v. McCarty, 271 K. 510, 23 P.3d 829 (2001).

81. Court discusses when defendant's prior convictions may be used for impeachment. State v. Woolverton, 284 K. 59, 64, 65, 159 P.3d 985 (2007).

82. Section requires a conviction before evidence of a crime is admissible to impeach witness' credibility. State v. Scott, 39 K.A.2d 49, 57-60, 177 P.3d 972 (2008).

83. 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).

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

85. Erroneously admitted prior conviction likely prejudiced the jury; conviction reversed. State v. Cook, 45 K.A.2d 468, 249 P.3d 454 (2011).

86. The trial court was proper in refusing to admit evidence of an accomplice's conviction. State v. Sampson, 297 K. 288, 301 P.3d 276 (2013).


 | Next

CURRENT SESSION
  A Summary of Special Sessions in Kansas
  Bill Brief for Senate Bill No. 1
  Bill Brief for House Bill No. 2001

LEGISLATIVE COORDINATING COUNCIL
  6/03/2024 Meeting Notice Agenda
  LCC Policies

REVISOR OF STATUTES
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2023 Amended & Repealed Statutes
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department