State v. Chisholm

The opinion of the court was delivered by In State v. Chisholm, 243 Kan. 270, 755 P.2d 547 (1988), this court unanimously affirmed appellant Scott Chisholm's convictions of two counts of aggravated incest in violation of K.S.A. 21-3603. One of the issues of the case was whether Chisholm's Sixth Amendment right to confront his accuser was [245 Kan. 146] violated when the trial court allowed the child witness to testify via closed-circuit television pursuant to K.S.A. 22-3434. We held it was not. Subsequently, the United States Supreme Court ruled on a similar issue in Coy v. Iowa, 487 U.S. 1012, 101L.Ed.2d 857, 108 S.Ct. 2798 (1988). Thereafter, Chisholm appealed the issue to the United States Supreme Court, where our decision in Chisholm was vacated and remanded for further consideration in light of Coy. Chisholm v. Kansas, ___ U.S. ___, 102 L.Ed.2d 523, 109 S.Ct. 486 (1988).