BY THE COURT
K.S.A. 60-404 requires a timely and specific objection to the
admission of evidence when presented at trial.
Subsequent to State v. King, 288 Kan. 333, 342, 204
P.3d 585 (2009), the three judicially recognized exceptions
for allowing appellate review of issues not raised below have
not been applied to absolve a party of K.S.A. 60-404
Where exhibits are identified and treated by court and
counsel as if admitted into evidence, despite no formal
admission, on appeal they are regarded as admitted and K.S.A.
from Sedgwick District Court; Benjamin L. Burgess, judge.
Kristen B. Patty, of Wichita, argued the cause and was on the
brief for appellant.
J. Gillett, assistant district attorney, argued the cause,
and Marc Bennett, district attorney, and Derek Schmidt,
attorney general, were with him on the brief for appellee.
Brown appeals his convictions for aggravated robbery and
murder. Brown specifically contends the State improperly
published to the jury his victim's autopsy photographs
that he claims were not admitted into evidence. According to
Brown, this action violated his rights to due process and an
impartial jury, requiring reversal and remand for a new
agree with the State that Brown's issue is not preserved
for appellate review. So his convictions are affirmed.
and Procedural History
was convicted of two murders, both carried out by multiple
defendants. The murder of Shawn Rhone took place in early
January 2013. Convicted of this murder were brothers Jerone,
Shawn, and Milo Brown, as well as their cousin Myron Peters.
murder of Adji Tampone occurred sometime around December 31,
2012. Jerone and Shawn Brown were convicted of this murder.
The present appeal involves photographs of Tampone's
trial, forensic pathologist and deputy coroner Dr. Timothy
Gorrill gave detailed testimony about Tampone's autopsy
and its accompanying photographs (State's Exhibits 22A
through 22H), as exemplified by the following excerpt:
"Q: Dr. Gorrill, when you conduct an autopsy, is it also
documented through photographs?
"A: Yes, it is.
"Q: And is that so you can clearly describe for a jury
the injuries an individual sustained?
"[State's Attorney]: May I approach the witness,