Errors injected into a trial by a prosecutor can be classified as either prosecutorial error or prosecutorial misconduct.  Prosecutorial error is typically seen as some sort of honest mistake of the law or of some fact.  Prosecutorial misconduct, on the other hand, is more egregious, intentionally erroneous acts done with a level of culpability that exceeds mere negligence.  

In this case, Stolte Law, LLC along with Stacey Schlimmer, of Schlimmer Law, argued that the prosecutor's conduct fell into the later category and the Kansas Supreme Court agreed.