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State v. Hobbs7/11/2003
e v. Verge, 272 Kan. 501, 515, 34 P.3d 449, 458 (2001). In this case, the photograph is not objectionable on the ground that it is repetitious because only one photograph of the victim was offered by the State. That photograph was relevant and used by the pathologist to demonstrate his point about the deceased's external wounds. Furthermore, contrary to Hobbs' contention, there is no "extraordinary degree of . . . gruesomeness" in the photograph. It cannot be compared to the photographs in the case relied on by Hobbs, State v. Boyd, 216 Kan. 373, 377, 532 P.2d 1064 (1975), in which 14 autopsy photographs were offered, including one showing "the body of the deceased cut open from chin to groin and laid out like a disemboweled beef in a packing plant." Hobbs has not shown an abuse of the trial court's discretion in admitting the single autopsy photograph of the head and shoulder of the victim.
Hobbs' argument that out-of-state State's witnesses should not have been permitted to testify because their appearances were not procured according to the Uniform Act to Secure Attendance of Witnesses from Without State, although creative, has no merit.
According to Hobbs, " he State procured the presence of several out-of-state witnesses by merely mailing subpoenas to them without first securing the permission and assistance from the authorities in the counties of the witnesses' residences." He contends that the proper remedy for the State's failure to comply with provisions of the Uniform Act to Secure Attendance of Witnesses from Without State, K.S.A. 22-4201 et seq., is reversal of his convictions and remand for a new trial. He cites no authority for his contention.
As the State observes, the purpose of the Uniform Act is to secure the attendance of witnesses who are outside the jurisdiction of the district court. The Act has no application when witnesses are willing to testify irrespective of the method of process.
Hobbs argues that the trial court erred in not allowing into evidence the county coroner's report of death.
The district court excluded from evidence the report of death form for Jathan Stevenson. The single-page report of death form lists the place, date, time, and manner of death. The manner of death is identified as " ccidental." The circumstances of death are described as follows: "Decedent was a passenger in an automobile which was involved in a multi vehicle accident. He was taken to KU E.R. where he died." The final diagnosis is given as " ulti system trauma." In refusing to admit the document, the trial judge told defense counsel that he was "not going to allow to put that into evidence to show this was an accident." On appeal, Hobbs reveals that his purpose in offering the document indeed was to show that "the State's own investigators . . . concluded that this was a traffic accident, not a murder as charged by the prosecution." He contends that the exclusion was highly prejudicial and requires reversal of his convictions.
Hobbs offers two theories why the trial court's ruling was arbitrary. First, the document was the subject of cross-examination of Dr. Pojman, who performed the autopsy of Stevenson. Pojman testified that he made a written report of his autopsy findings but that it was the district coroner, Dr. Hancock, who made the report of death. Dr. Pojman's testifying that he did not complete the report of death form is not a reason for admitting the document during his testimony. Second, the report is an official court record admissible pursuant to K.S.A.2002 Supp. 60-460(o), the content of official records. The statute provides that hearsay evidence is inadmissible except for enumerated exceptions. Exceptions to the hear
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