Did the District Court Err In Admitting Testimony About a Gift of a Nightgown to the Female Victim?
Although we have already determined that a new trial is necessary, we address this evidentiary issue for the purposes of assisting the district court on remand. Huntley argues that testimony about a nightgown that he allegedly bought for M.E. was too remote in time to be admissible and that there was no logical connection between the nightgown and the alleged acts of sexual abuse. We agree. When reviewing a district court’s decision to admit evidence, an appellate court first determines whether the evidence is relevant. Once relevance is established, an appellate court [*22] must apply the evidentiary rules governing the admission and exclusion of evidence as a matter of law or in the exercise of the district court’s discretion, depending on the contours of the evidentiary rule in question. State v. Gunby, 282 Kan. 39, 47-48, 144 P.3d 647 (2006); See K.S.A. 60-407(f). Unless otherwise prohibited, all relevant evidence is admissible. K.S.A. 60-407(f). “Evidence is relevant if it has any
