State v. Dale, 267 P.3d 743

Dale robbed a flower shop at gunpoint, fled on foot, and fired at Officer Rothe, who returned fire; Dale was injured and arrested.
Dale was charged with attempted first-degree murder, two counts of attempted second-degree murder with two alternative counts of aggravated assault, aggravated robbery, and aggravated assault.
Trial evidence included Exhibit 11, a DVD of the incident from Rothe’s patrol car; the State sought to admit Exhibit 15, a slow-motion enhancement of Exhibit 11.
Dale objected that Exhibit 15 was cumulative and violated the best evidence rule; the district court overruled the objection.
Dale was convicted on multiple counts and sentenced to 753 months; the Court of Appeals affirmed; the Supreme Court granted review on the single issue of Exhibit 15’s admissibility.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Best evidence rule applicability	Dale: Exhibit 15 violates best evidence; identical events require original.	State: Exhibit 15 not to prove content since Exhibit 11 already admitted.	Exhibit 15 did not violate the best evidence rule.
Cumulativeness and repetitiveness	Exhibit 15 was cumulative and repetitive.	Exhibit 15 aided the jury’s understanding of sequence and was not unduly repetitive.	Exhibit 15 was not unduly repetitious or cumulative.
Prejudicial vs. probative effect reviewability	Exhibit 15 could be more prejudicial than probative.	Issue not reviewable on appeal because objection was on cumulative/best-evidence grounds.	Review on prejudice-ground issue is precluded.

State v. Arnett, 290 Kan. 41 (Kan. 2010) (statutory interpretation and standard of review for legal questions)
State v. Riojas, 288 Kan. 379 (Kan. 2009) (best evidence rule interpretation)
State v. McCaslin, 291 Kan. 697 (Kan. 2011) (abuse of discretion standard for evidentiary rulings)
State v. Ward, 292 Kan. 541 (Kan. 2011) (abuse of discretion standard and evidentiary review)
State v. Pennington, 276 Kan. 841 (Kan. 2003) (issues of admissibility and repetitious evidence)