Justia Criminal Law Opinion Summaries

The case involves Francisco Alejandro Mendez, who was charged with multiple crimes following a crime spree in Topeka, Kansas, in April 2019. Mendez and his accomplices stole a car at gunpoint, shot at a group of Washburn University students, killing one, and robbed several people at gunpoint. Mendez was convicted by a jury of premeditated first-degree murder, attempted first-degree premeditated murder, and aggravated robbery.The Shawnee District Court sentenced Mendez to a life sentence plus 492 months in prison. Mendez appealed, raising nine claims of error, including insufficient evidence of premeditation, erroneous jury instructions, unconstitutional vagueness of the premeditated murder statute, insufficient evidence for some aggravated robbery convictions, multiplicity of charges, denial of a motion to suppress, prosecutorial error, erroneous jury instructions on "knowingly," and cumulative error.The Kansas Supreme Court reviewed the case. It found sufficient evidence to support the premeditation finding, noting that the time between the initial encounter and the shooting was enough for Mendez to form premeditation. The court also found that the aiding and abetting instruction, while legally inappropriate, was not clearly erroneous. The court declined to address the constitutionality of the premeditated murder statute as it was not raised in the lower court.The court reversed three of Mendez's aggravated robbery convictions due to insufficient evidence, as there was no proof that property was taken from those victims. However, it upheld the conviction for the aggravated robbery of Clark, finding that as a passenger, he had possession and control of the car. The court also found that the traffic stop leading to Mendez's arrest was lawful and that the prosecutorial error in stating premeditation could be formed in one second was harmless. The court concluded that the cumulative error doctrine did not apply as only one error was identified.The Kansas Supreme Court affirmed Mendez's convictions for premeditated first-degree murder, attempted first-degree premeditated murder, and the remaining aggravated robbery convictions, while reversing three aggravated robbery convictions. View "State v. Mendez" on Justia Law

In 2004, Jason Mashaney was convicted by a jury of aggravated criminal sodomy and aggravated indecent liberties with a child, involving his then-five-year-old daughter. He was sentenced to 442 months in prison. The Kansas Court of Appeals affirmed his conviction. In 2008, Mashaney filed a motion arguing ineffective assistance of counsel, which led to a reversal and remand for a full evidentiary hearing. The district court found substantial prejudice from ineffective representation, vacated the 2004 convictions, and scheduled a new trial. Subsequently, Mashaney entered an Alford plea to amended charges of attempted aggravated battery and aggravated endangerment of a child, resulting in a 72-month sentence and his release for time served.The Sedgwick District Court awarded Mashaney nearly $414,595 in damages for wrongful conviction and imprisonment under K.S.A. 2023 Supp. 60-5004. The court concluded that the original charges were "effectively dismissed" when the State amended them to nonsexual charges involving the same victim. The district court found that Mashaney met the statutory elements for compensation, including that his judgment of conviction was vacated and the charges were dismissed. The court calculated the damages based on the duration of wrongful imprisonment and reduced the award by the amount received from a legal malpractice settlement.The Kansas Supreme Court reviewed the case and reversed the district court's judgment. The Supreme Court held that the phrase "the charges were dismissed" in K.S.A. 2023 Supp. 60-5004(c)(1)(B) means both terminating the criminal accusation and relieving the defendant of criminal liability. The court found that the original charges against Mashaney were not dismissed but amended, and he incurred criminal liability for the amended charges. Therefore, Mashaney did not meet the statutory requirement that the charges were dismissed, and his claim for wrongful conviction and imprisonment failed. View "In re Wrongful Conviction of Mashaney" on Justia Law

James A. Willis was convicted of first-degree premeditated murder and criminal possession of a firearm. The incident occurred outside a nightclub in Overland Park, where Willis shot Jurl Carter multiple times as Carter was backing his car out of a parking lot. The chaotic scene involved numerous witnesses, some of whom provided inconsistent accounts. However, surveillance footage and witness testimonies generally supported the prosecution's narrative. Willis admitted to shooting Carter but claimed he acted in self-defense.The Johnson District Court, presided over by Judge Thomas Kelly Ryan, found Willis guilty on both counts. Willis was sentenced to a hard 50 life sentence for the murder conviction and an additional 19 months for the firearm conviction. Willis appealed, arguing prosecutorial misconduct and instructional errors, particularly regarding his self-defense claim.The Kansas Supreme Court reviewed the case. Willis contended that the prosecutor improperly inferred motivations not supported by evidence and misstated the law on self-defense. The court found that the prosecutor's inferences about the culture of respect and retaliation were reasonable and within the wide latitude allowed. Additionally, the court determined that the prosecutor's statements about self-defense, when viewed in context, did not mislead the jury.Willis also argued that the trial court erred by not instructing the jury on voluntary and involuntary manslaughter. The Kansas Supreme Court assumed, without deciding, that such instructions would have been appropriate. However, the court concluded that the jury would not have reached a different verdict even if those instructions had been given.The Kansas Supreme Court affirmed Willis's convictions, finding no reversible error in the prosecutorial conduct or the jury instructions. View "State v. Willis" on Justia Law

In 2016, Louis Scherzer was fatally shot outside a bar in Kansas City, Kansas. Filiberto B. Espinoza Jr. was linked to the shooting and charged with first-degree premeditated murder, first-degree felony murder, conspiracy to commit aggravated robbery, and attempted aggravated robbery. Espinoza admitted to the shooting but claimed self-defense, stating he shot Scherzer when he saw him pulling a firearm. In September 2017, Espinoza pleaded guilty to first-degree felony murder and received a mandatory minimum sentence of life without parole for 25 years. His sentence was affirmed on appeal in April 2020.Espinoza filed a motion to withdraw his plea on January 5, 2021, which the district court did not rule on before he filed a second motion on November 21, 2023. The district court summarily dismissed both motions on December 20, 2023, noting the 2021 motion was timely but failed to establish manifest injustice, and the 2023 motion was untimely and lacked excusable neglect. Espinoza appealed the denial of both motions.The Kansas Supreme Court reviewed the case de novo. The court affirmed the district court's decision, holding that Espinoza's 2023 motion was untimely and did not demonstrate excusable neglect. The court noted that Espinoza was aware of the video footage and toxicology report during the trial, and his claims of ignorance did not constitute excusable neglect. Additionally, the court found no error in the district court's summary denial of the 2021 motion, as the record showed Espinoza was fully informed of his plea's consequences, and his allegations were conclusory without raising substantial issues of fact.The Kansas Supreme Court affirmed the district court's summary denial of both motions to withdraw Espinoza's plea. View "State v. Espinoza" on Justia Law

Tirrell Stuart was convicted of felony murder after Emilio Lopez was shot and killed during a marijuana transaction. Stuart, along with friends, initially purchased marijuana from Lopez. Later, Stuart arranged a second purchase for a larger quantity. During this second transaction, Lopez accused Stuart of using fake money and took back the marijuana. Stuart then shot Lopez, who died at the scene. The State charged Stuart with felony murder, using the distribution of marijuana as the underlying felony.The Wyandotte District Court instructed the jury that to convict Stuart of felony murder, they must find that he killed Lopez while committing the distribution of marijuana. The jury found Stuart guilty, and the court sentenced him to life imprisonment without the possibility of parole for 25 years. Stuart appealed, arguing that the State failed to prove the underlying felony of distribution of marijuana.The Kansas Supreme Court reviewed the case and focused on whether the State provided sufficient evidence to prove the distribution of marijuana. The court noted that simply acquiring a controlled substance does not constitute distribution. The court found that the State's evidence only showed Stuart's possession of marijuana but did not demonstrate that he intended to distribute it beyond personal use. The court emphasized that the State's case relied on impermissible inference stacking, which is not sufficient to support a conviction.The Kansas Supreme Court held that the State failed to prove the distribution element necessary for the felony-murder conviction. Consequently, the court reversed Stuart's felony-murder conviction and vacated his sentence, citing insufficient evidence to support the underlying felony of distribution of marijuana. View "State v. Stuart" on Justia Law

The case involves Kimberly S. Younger, who was convicted of capital murder, conspiracy to commit first-degree murder, solicitation to commit first-degree murder, and theft. Younger was implicated as the principal organizer of the murders of Alfred and Pauline Carpenter, who were killed by Michael Fowler and Rusty Frasier, both of whom testified against her. The murders occurred at the Barton County fairgrounds, and the bodies were later disposed of in Arkansas. Younger was arrested in Arkansas, where she made several incriminating statements to the police and to Fowler, which were recorded.The Barton District Court convicted Younger based on the testimonies of her co-conspirators and other evidence. Younger challenged several evidentiary rulings, including the admission of her statements to the police and the testimony of Frank Zaitshik, who testified remotely due to COVID-19 concerns. The trial court allowed Zaitshik's remote testimony, finding it necessary due to the pandemic. The court also admitted Younger's statements made during her interrogation and to Fowler, finding them voluntary and not coerced.The Kansas Supreme Court reviewed the case and affirmed the trial court's decisions in part. The court held that allowing Zaitshik to testify remotely did not violate Younger's Confrontation Clause rights, given the pandemic's circumstances. The court also found that Younger's statements to the police and Fowler were voluntary and admissible. However, the court reversed the restitution order in part, finding that the State failed to justify the amount awarded to State Farm Insurance and that the inclusion of court costs in the restitution order was illegal. The case was remanded to correct the restitution judgment. View "State v. Younger" on Justia Law

The case involves Riley D. Moore, who was convicted of aggravated kidnapping, criminal threat, and domestic battery after a violent altercation with his ex-girlfriend, M.M. During a post-breakup conversation, Moore dragged M.M. into a garage, closed the door, and prevented her from leaving. M.M. managed to escape but was followed by Moore, leading to a physical altercation near the street. M.M. suffered abrasions and pain. The jury found Moore guilty, and he was sentenced to 123 months in prison.The Sedgwick District Court convicted Moore, and he appealed, arguing insufficient evidence of bodily harm and instructional errors. The Kansas Court of Appeals rejected his sufficiency argument but reversed the aggravated kidnapping conviction, citing cumulative prejudicial impact from two unpreserved jury instruction errors. The panel did not decide whether each error was clear before aggregating them.The Kansas Supreme Court reviewed the case. It held that the Court of Appeals erred by not considering whether each unpreserved instructional issue constituted clear error before combining them. The Supreme Court found neither instructional issue to be clearly erroneous. It also held that sufficient evidence supported the bodily harm element of the aggravated kidnapping conviction, as M.M. suffered abrasions and pain from Moore's actions. Additionally, the Supreme Court found the non-PIK instruction defining the taking-or-confining element to be legally and factually appropriate.The Kansas Supreme Court reinstated Moore's aggravated kidnapping conviction and affirmed the district court's judgment on all issues subject to review. The judgment of the Court of Appeals was affirmed in part and reversed in part, and the district court's judgment was affirmed. View "State v. Moore" on Justia Law

In 2015, Brennan R. Trass was charged with first-degree felony murder and criminal possession of a firearm after killing Jose Morales during a drug deal. Trass admitted to the shooting, claiming self-defense. Before trial, the district court appointed multiple attorneys for Trass due to conflicts, causing significant delays. Two weeks before the trial in 2019, the court allowed Trass' attorneys to withdraw due to a conflict and ordered Trass to represent himself with standby counsel. During the trial, Trass was removed from the courtroom for refusing to participate, and his standby counsel took over. The jury convicted Trass.The Reno District Court initially handled the case, where Trass faced multiple attorney changes and delays. Trass filed a direct appeal, and the Kansas Supreme Court remanded the case to the district court to determine the feasibility of a retrospective competency hearing. The district court found Trass competent before and during his 2019 trial. Trass raised several issues on appeal, including violations of his right to counsel, speedy trial rights, and sufficiency of evidence.The Kansas Supreme Court reviewed the case and found that the district court violated Trass' Sixth Amendment right to counsel by forcing him to represent himself without proper advisories or warnings about the dangers of self-representation. The court concluded that Trass did not waive his right to counsel knowingly and intelligently, nor did he forfeit it through egregious misconduct. The violation of Trass' right to counsel constituted structural error, requiring automatic reversal of his convictions. The court also found no violation of Trass' statutory right to a speedy trial and sufficient evidence to support his felony-murder conviction. The case was reversed and remanded for a new trial before a different judge. View "State v. Trass" on Justia Law

On the evening of February 11, 2018, Deizmond C. Peters and three accomplices allegedly committed a series of crimes at a Wichita home, resulting in the death of Donte Devore. The group, armed with handguns, entered the home after assaulting Devore on the porch. During an altercation inside, Devore was shot and killed. Peters was later charged with first-degree felony murder, aggravated robbery, aggravated burglary, criminal possession of a weapon, and four counts of aggravated assault.The Sedgwick District Court held a jury trial where Peters was convicted on all charges. Peters filed a motion for a new trial, claiming ineffective assistance of counsel, which the court denied. He was sentenced to life imprisonment without the possibility of parole for 618 months plus an additional 332 months. Peters appealed his convictions, raising several claims of trial and sentencing errors.The Kansas Supreme Court reviewed the case and found merit in two of Peters' arguments. First, the court agreed that the evidence did not support his conviction for criminal possession of a weapon due to an error in the stipulation used to prove this charge. Second, the court noted that the sentencing journal entry of judgment improperly omitted Peters' jail credit award of 1,437 days. The court affirmed the remaining convictions, finding no error in the jury selection process, prosecutorial conduct, jury instructions, or the cumulative error doctrine. The court also upheld the method of determining Peters' criminal history under the Kansas Criminal Sentencing Guidelines, rejecting his constitutional challenge.The Kansas Supreme Court affirmed in part, reversed in part, and remanded the case with directions to vacate Peters' sentence for criminal possession of a weapon, resentence him without the reversed conviction, and issue a nunc pro tunc order correcting the sentencing journal entry to include the jail credit award. View "State v. Peters" on Justia Law

Phillip Jason Garrett was accused of inappropriately touching a minor, L.A., who was under 14 years old. During a police interview, Garrett confessed to some of the allegations. The district court suppressed his statements, concluding they were involuntary due to deceptive police practices, including the use of a computerized voice stress analysis (CVSA) test, which officers falsely claimed was 100% accurate.The Saline District Court initially denied Garrett's motion to suppress, finding his statements voluntary. However, the court later reversed its decision, emphasizing the deceptive nature of the CVSA and the officers' tactics. The State appealed, and the Kansas Court of Appeals reversed the district court's suppression order, holding that the district court had placed undue weight on the deceptive practices and failed to consider the totality of the circumstances.The Kansas Supreme Court reviewed the case and affirmed the Court of Appeals' decision. The court held that the deceptive practices by law enforcement, including the exaggerated claims about the CVSA's accuracy, did not constitute misconduct under the totality of the circumstances. The court noted that Garrett was a mature adult of average intelligence, fluent in English, and that the interrogation was not unduly prolonged or aggressive. The court concluded that the officers' tactics did not overbear Garrett's will, and thus, his confession was voluntary. The case was remanded to the district court for further proceedings. View "State v. Garrett" on Justia Law