Supreme Court of Kansas

State v. Cantu

May 10, 2024547 P.3d 477

Summary

The court held that a complete and improper deprivation of a criminal defendant's constitutional right to testify, accomplished by removing the defendant from the stand and striking all of his testimony, is structural error. Because the error rendered the trial fundamentally unfair and its effect could not be reliably measured, harmless-error review was inappropriate. The court reversed the convictions and remanded for a new trial.