State v. Bryant , 272 Kan. 1204 ( 2002 )

Six, J.

concurring: The majority notes the trial court relied on res gestae in admitting certain testimony of Gale Pink. I agree with the majority’s rejection of res gestae as a rationale for admission and with the K.S.A. 60-460(d)(2) analysis for admission. I write separately in a continuing effort to encourage the bar and bench to analyze this type of evidence under K.S.A. 60-460, the approach intended by the legislature’s codification of our evidentiary rules. Res gestae, as an independent evidentiary concept, deserves a proper burial. See State v. Edwards, 264 Kan. 177, 203, 955 P.2d 1276 (1998) (Six, J., concurring). I disagree with the majority’s observation that this is not the time to rehash the application of res gestae. We should administer last rites with this opinion.