State v. Colwell
Kansas Supreme Court
790 P.2d 430 (1990)
- Written by Sean Carroll, JD
Facts
Steve Colwell (defendant) was charged with felony first-degree murder and child abuse resulting from the death of his stepdaughter, Kelli. Kelli had suffered from a series of unaccounted-for bruises on her body over a period of time prior to her death. An autopsy revealed multiple prior traumas to Kelli’s body and a new trauma just before her death. The pathologist performing the autopsy concluded that Kelli’s death was due to child abuse. At trial, Colwell sought to offer the expert testimony of Dr. William Eckert, a nationally known expert in pathology. The prosecution (plaintiff) offered to stipulate to Eckert’s qualifications as an expert in pathology. The trial court required Colwell to accept this stipulation offer. Eckert then testified to his opinion that Kelli’s death was not due to child abuse. Colwell was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (McFarland, J.)
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