Justia Kansas Supreme Court Opinion Summaries

After a jury trial, Defendant was convicted of first-degree premeditated murder and arson. The district court imposed a hard fifty life sentence after finding that Defendant committed the murder in an especially heinous, atrocious, or cruel manner. The Supreme Court affirmed the convictions but vacated the sentence and remanded for resentencing, holding (1) the district court did not err in denying Defendant’s request for a jury instruction on self-defense; (2) any error in denying Defendant’s request for a voluntary manslaughter instruction based on a theory of imperfect self-defense was harmless; (3) the district court erred in admitting Defendant’s recorded confession when Defendant unambiguously invoked his right to have counsel present during custodial interrogation, but the error was harmless; and (4) Defendant’s hard fifty sentence was unconstitutional under Alleyne v. United States because the district court denied Defendant the right to have a jury decide beyond a reasonable doubt all of the facts that may increase the penalty for first-degree murder. View "State v. Salary" on Justia Law

After a jury trial, Defendant was found guilty of felony murder and criminal discharge of a firearm at an occupied building. During trial, the jury received instructions on second-degree unintentional murder and involuntary manslaughter as lesser included offenses of felony murder. Defendant appealed, arguing that the prosecutor misstated the law - thus, committing misconduct - when he told the jurors during closing arguments that they were to consider Defendant’s guilt for the lesser included crimes only after finding him not guilty of felony murder. The Supreme Court affirmed, holding (1) the prosecutor’s statement was erroneous because it suggested to the jury that it must unanimously acquit him of felony murder before considering his guilt for the lesser included crimes; but (2) because the prosecutor also recited the correct legal standard during closing arguments and the overwhelming evidence established Defendant’s guilt for felony murder, the prosecutor’s erroneous statement did not constitute reversible misconduct. View "State v. Parker" on Justia Law

After a jury trial, Defendant was convicted of capital murder, vehicle burglary, and theft. The Supreme Court affirmed, holding (1) the trial court did not err when it denied Defendant’s motion for change of venue; (2) even if the trial court erred in failing to instruct on the lesser included offense of felony murder, Defendant was not entitled to the requested relief of a new trial during which the jury would receive a felony-murder instruction; (3) any error in failing to instruct on the lesser included offense of reckless second-degree murder was harmless; (4) the trial court did not err in admitting a before-death photograph of the victim; (5) the trial court did not rule unreasonably in admitting a video of Defendant’s arrest; (6) the prosecutor did not commit misconduct during closing arguments; (7) the trial court did not err in failing to declare a mistrial; and (8) sufficient evidence supported the conviction for capital murder. View "State v. Longoria" on Justia Law

Defendant was visiting the home of a long-time acquaintance when police officers arrived. One of the officers walked to the backyard of the property and found a baggie of methamphetamine on the ground. Defendant was arrested and transported to jail, where officials discovered a baggie of marijuana during an inventory search of Defendant's belongings. Defendant was charged with several drug-related crimes. The district court granted Defendant’s motion to suppress, concluding that the methamphetamine was found in the curtilage of the home, that a social guest such as Defendant has standing to assert a host’s Fourth Amendment rights in the curtilage, and that marijuana found on Defendant was fruit of the poisonous tree. The Court of Appeals reversed. The Supreme Court reversed the Court of Appeals and affirmed the district court, holding (1) the Court of Appeals erred in reversing because the district court’s findings that the backyard was curtilage were supported by substantial competent evidence, and case law supported its legal conclusion that the area was curtilage; (2) a social guest has standing to challenge a search of the curtilage of the host’s residence; and (3) the marijuana should be suppressed as fruit of the poisonous tree. View "State v. Talkington" on Justia Law

Petitioners were residents of a state hospital and involuntary participants in the Kansas Sexual Predator Treatment program at the hospital. Petitioners filed petitions for habeas corpus relief challenging the Program’s implementation of a new administrative grievance procedure. The district court summarily denied the petitions and assessed the costs of filing the action against each petitioner. The Court of Appeals affirmed the dismissal of the petitions but reversed the assignment of costs to Petitioners. The Supreme Court affirmed, holding that, whenever a person civilly committed files a habeas petition relating to his or her commitment, the costs shall be assessed to the counties in which the petitioners were determined to be sexually violent predators. View "Merryfield v. Sullivan" on Justia Law

After a bench trial, Defendant was convicted of felony murder and aggravated robbery. The Supreme Court affirmed the convictions, holding (1) there was sufficient evidence to convict Defendant of both felony murder and aggravated robbery; (2) Defendant knowingly and voluntarily waived his right to a jury trial; and (3) the district court did not err in denying Defendant’s motion to dismiss the charges against him based on the State’s alleged destruction of certain evidence. However, because the district court erred in imposing lifetime parole in connection with Defendant’s aggravated robbery conviction, the Court vacated that portion of Defendant’s sentence and remanded for resentencing. View "State v. Lewis" on Justia Law

After a jury trial, Defendant was convicted of premeditated first-degree murder and criminal discharge of a firearm at an occupied building. The Supreme Court affirmed Defendant’s convictions and sentences, holding (1) the trial court did not err in admitting Defendant’s statements to law enforcement officers, as the confession was not involuntary and Defendant was not denied his right to counsel during the interrogation; (2) the trial court did not err by admitting into evidence certain hearsay statements; (3) the trial court did not commit clear error when it failed sua sponte to give an instruction on eyewitness testimony; (4) there was sufficient evidence to support Defendant’s conviction for premeditated first-degree murder; and (5) Defendant failed to establish that his counsel provided ineffective assistance. View "State v. Betancourt" on Justia Law

A law enforcement officer, while working on a saturation patrol, stopped a vehicle driven by Defendant and conducted a DUI investigation. Defendant failed the horizontal gaze nystagmus (HGN) test but passed the walk-and-turn and one-leg-stand tests. The officer subsequently requested a preliminary breath test (PBT), the results of which led to Defendant’s arrest and conviction for DUI. Defendant moved to suppress the PBT and breath test results. At the suppression hearing, the district court found that although an HGN test result was inadmissible at trial, it could be used to support “probable cause,” and, under the totality of the circumstances, there was reasonable suspicion to request the PBT. The Court of Appeals affirmed, concluding (1) the HGN test could be used to establish reasonable suspicion of DUI that would permit a request for a PBT; and (2) even if the HGN test results were excluded, the officer had enough other evidence to form a reasonable suspicion of DUI. The Supreme Court reversed, holding that the HGN test results were inappropriately relied upon to establish the requisite reasonable suspicion that permitted the officer to request that Defendant submit to a PBT, and the error was not harmless. Remanded. View "City of Wichita v. Molitor" on Justia Law

After a jury trial, Defendant was found guilty of premeditated first-degree murder and sentenced to life in prison without the possibility of parole for fifty years. The Supreme Court affirmed Defendant’s conviction, holding (1) the district court applied the wrong legal standard when it denied Defendant’s request for a jury instruction on second-degree intentional murder, but the error was harmless; (2) the prosecutor made an improper comment during closing argument, but the comment did not constitute reversible error; and (3) the remaining alleged trial errors raised on appeal were without merit. The Court vacated Defendant’s sentence, however, holding that the district court violated Defendant’s Sixth Amendment right to a jury trial based on Alleyne v. United States because the court made explicit factual findings that subjected Defendant to an enhanced sentence. View "State v. Killings" on Justia Law

After a jury trial, Defendant was convicted for distribution of methamphetamine, unlawful use of a communication facility to arrange a drug sale, and fleeing or attempting to elude a police officer, among other crimes. The Supreme Court affirmed Defendant’s convictions and sentence, holding (1) the State established that venue to prosecute the use of a communication facility charge was proper in Lyon County; (2) the district court did not err in failing to instruct on underlying moving violations supporting the fleeing or attempting to elude a police officer charge; (3) the district court did not err in failing to give a unanimity instruction on the obstruction of official duty charge; (4) the State presented sufficient evidence to convict Defendant of the distribution of methamphetamine charge; and (5) the imposition of an enhanced sentence was proper. View "State v. Castleberry" on Justia Law