Opinion
No. 107,516.
2013-12-27
STATE of Kansas, Appellee, v. Raymond Carl SWINT, Appellant.
I direct no personal criticism to the able and distinguished trial judge in this case. He was asked by the State to exclude this evidence without the benefit of Swint apprising him of the holdings in Barber and Sims. Thus, unlike in Barber, the trial judge made no finding that S.A.B. probably did not urge her friend to make a false accusation. But given the seriousness of the charge, the lack of significant evidence of the crimes beyond S.A.B.'s testimony, and the inevitable severity of the consequences upon conviction, I would apply Barber to this case and remand for a retrial.