Printable Format60-446. Manner of proof of character or character trait. When a person's character or a trait of his or her character is in issue, it may be proved by testimony in the form of opinion, evidence of reputation, or evidence of specific instances of the person's conduct, subject, however, to the limitations of K.S.A. 60-447 and 60-448.
History: L. 1963, ch. 303, 60-446; January 1, 1964.
Law Review and Bar Journal References:
"Other Vices, Other Crimes: An Evidentiary Dilemma," M. C. Slough, 20 K.L.R. 411, 413 (1972).
"The Entrapment Defense in Drug Cases," Richard H. Seaton, 41 J.B.A.K. 217, 239 (1972).
"Evidence of Other Crimes in Kansas," Randall K. Rathbun and Chad M. Renn, 17 W.L.J. 98, 106, 107 (1977).
CASE ANNOTATIONS
1. Evidence of juvenile arrests could not be used to show general reputation or violent character. State v. Mason, 208 Kan. 39, 41, 490 P.2d 418.
2. Applied; error to exclude reputation and character evidence on issue of aggressor; assault and battery damage action. Carrick v. McFadden, 216 Kan. 683, 686, 533 P.2d 1249.
3. Mentioned in criminal action where court sustained objection to proffered testimony regarding one specific past instance of an altercation. State v. Woods, 222 Kan. 179, 188, 563 P.2d 1061.
4. Evidence inadmissible; did not go to general reputation or criminal conviction. State v. White, 1 Kan. App. 2d 452, 458, 459, 571 P.2d 6.
5. Provisions limited by K.S.A. 60-422; limitation on cross-examination upheld. State v. Smallwood, 223 Kan. 320, 326, 574 P.2d 1361.
6. Admission of evidence of deceased's good character during state's case in chief and before attack thereon error; new trial ordered. State v. Bradley, 223 Kan. 710, 712, 576 P.2d 647.
7. Cited; evidence of defendant's good character admissible. State v. Sullivan, 224 Kan. 110, 124, 578 P.2d 1108.
8. Evidence of character inadmissible unless defendant first raises issue of character (dissenting opinion). State v. Whitehead, 226 Kan. 719, 725, 602 P.2d 1263.
9. Evidence as to plaintiff's reputation is admissible in libel suit. Gobin v. Globe Publishing Co., 229 Kan. 1, 5, 6, 620 P.2d 1163.
10. Cited; exclusion of lay witness testimony regarding defendant's good character as inadmissible and lacking probative value examined. State v. Kuone, 243 Kan. 218, 231, 757 P.2d 289 (1988).
11. Possible evidence of law officer's reputation for excessive force in making arrests (K.S.A. 21-3215) examined. State v. Deavers, 252 Kan. 149, 157, 843 P.2d 695 (1992).
12. Evidence of turbulent character of deceased is admissible when self-defense an issue in homicide case. State v. Arteaga, 257 Kan. 874, 894, 896 P.2d 1035 (1995).
13. Admission of evidence of defendant's previous self-assessment of veracity not an abuse of discretion. State v. Webber, 260 Kan. 263, 277, 918 P.2d 609 (1996).
14. Trial court error in excluding prior inconsistent statements of witness held harmless error. State v. Matson, 260 Kan. 366, 377, 921 P.2d 790 (1996).
15. Trial court erred by admitting evidence of victim's peacefulness when character not in issue. State v. Mader, 261 Kan. 280, 282, 931 P.2d 1247 (1997).
16. Evidence of public censure of doctor for providing false information in unrelated matter inadmissible in malpractice suit. Shirley v. Smith, 261 Kan. 685, 700, 933 P.2d 651 (1997).
17. Trial court ruling that testimony regarding custom and habit lacked credibility was inadmissible not erroneous. State v. Mitchell, 23 Kan. App. 2d 413, 422, 932 P.2d 1012 (1997).
18. Evidence of victim's prior specific bad acts of violence and threats admitted to prove defendant's state of mind. State v. Walters, 284 Kan. 1, 9, 10, 12, 159 P.3d 174 (2007).
19. Person's character may be proven by testimony in the form of opinion, reputation or specific instances of conduct. State v. Cosby, 285 Kan. 230, 249, 169 P.3d 1128 (2007).