Justia Criminal Law Opinion Summaries

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

In May 2019, Mia Marie Collins attempted to flee from police in a stolen vehicle in downtown Wichita, resulting in a collision that killed two people and injured three others. Collins was charged with multiple offenses, including two counts of felony murder. She pled guilty to the felony murder charges, one count of fleeing or attempting to elude an officer, and three counts of aggravated battery, while other charges were dismissed. The plea agreement recommended concurrent sentences except for one aggravated battery count, which was to run consecutively based on the victim's severe injuries.The Sedgwick District Court, presided over by Judge Tyler J. Roush, held a hearing on Collins' motion to withdraw her plea. Collins argued that the State failed to disclose a news article about a civil settlement involving one of the victims, which she claimed would have influenced her decision to accept the plea deal. The district court found that the State did not have the information about the settlement at the time of the plea agreement and had no duty to know it. The court denied Collins' motion, stating that the State had not suppressed evidence and that the plea was made knowingly and voluntarily.The Kansas Supreme Court reviewed the case and affirmed the district court's decision. The court held that there was no Brady violation because the State did not suppress any evidence, willfully or inadvertently. The court also found that the district court did not abuse its discretion in denying Collins' motion to withdraw her plea, as the plea was made with full knowledge of the circumstances. Additionally, the court dismissed Collins' appeal regarding jail time credit as moot, since she had already been awarded the credit she sought. View "State v. Collins" on Justia Law

Adrian N. Zongker was a customer at a restaurant in Wichita, Kansas, owned by Oscar and Amelia Acosta. After finishing his meal, Zongker left the restaurant but returned shortly after, searching for a missing receipt and a bag of coins. Oscar helped Zongker search outside, but Zongker shot Oscar in the chest, killing him. Zongker was arrested nearby and confessed to the shooting, claiming the restaurant owners had stolen from him. At trial, Zongker was found competent to stand trial and rejected a plea deal for second-degree murder, opting to go to trial for first-degree murder.The Sedgwick District Court convicted Zongker of premeditated first-degree murder and criminal possession of a weapon. Zongker moved for a downward durational departure at sentencing, citing his mental illness, but the court denied the motion and imposed a hard 50 life sentence. Zongker appealed, arguing insufficient evidence of premeditation, improper jury instructions, prosecutorial error, ineffective assistance of counsel, and cumulative error.The Kansas Supreme Court affirmed the conviction but vacated the sentence in part. The court found sufficient evidence of premeditation, noting Zongker's conduct before and after the shooting and his statements indicating intent. The court upheld the additional jury instructions on premeditation, finding them appropriate given the temporal questions in the case. While the court identified prosecutorial errors in misstating facts, it deemed them harmless. The court declined to address the ineffective assistance of counsel claim, as it was not preserved for review. The court also found no cumulative error warranting reversal. However, the court vacated the sentence for criminal possession of a weapon, finding it illegal, and remanded for resentencing on that count. View "State v. Zongker" on Justia Law

In March 2021, Bryan Curtis Daniels Jr. pled guilty to two counts of aggravated assault with a deadly weapon and one count of domestic battery. The court ordered a presentence investigation (PSI) report, which indicated Daniels had a criminal history score of "C," including a 2003 Georgia burglary conviction classified as a person felony. Daniels did not dispute his criminal history at sentencing and admitted its accuracy. Consequently, the court sentenced him based on this history.Daniels appealed, arguing for the first time that his 2003 Georgia burglary conviction should not have been classified as a person felony, thus rendering his sentence illegal. The Kansas Court of Appeals affirmed the district court's decision, holding that Daniels had the burden to prove his criminal history was incorrect. The panel interpreted K.S.A. 21-6811(e)(3)(B) and concluded that the district court had not committed an error of law in classifying the Georgia conviction as a person felony.The Kansas Supreme Court reviewed the case to determine whether Daniels' Georgia burglary conviction was misclassified. The court held that Daniels' admission to his criminal history, including the classification of the Georgia burglary as a person felony, relieved the State from producing additional evidence. The court also clarified that under K.S.A. 21-6814(c), an offender challenging their previously established criminal history must prove their claim by a preponderance of the evidence. Daniels failed to provide evidence to refute his admission or to show that the district court's classification was incorrect. Consequently, the Kansas Supreme Court affirmed the judgments of both the Court of Appeals and the district court, upholding Daniels' sentence. View "State v. Daniels" on Justia Law

In 2019, Z.M. drove a vehicle from which a passenger shot at another car, killing the driver, J.M. Z.M. was convicted of premeditated first-degree murder, first-degree felony murder, and criminal discharge of a firearm at an occupied vehicle. He was sentenced to a hard 50 life sentence.The Shawnee District Court denied Z.M.'s request for new counsel, finding no conflict of interest or breakdown in communication. Z.M. was found competent to stand trial. At trial, the State presented 34 witnesses, and Z.M. did not present any. The jury found Z.M. guilty on all counts. The court sentenced Z.M. to concurrent sentences for premeditated first-degree murder and criminal discharge of a firearm.The Kansas Supreme Court reviewed the case. Z.M. alleged five errors: denial of new counsel, abandonment by trial counsel at sentencing, prosecutorial misstatements of law, inappropriate jury instructions, and cumulative errors denying a fair trial. The court found no abuse of discretion in denying new counsel, as the district court conducted an adequate inquiry and found no conflict or breakdown in communication. The court also found no Cronic violation at sentencing, as counsel did advocate for concurrent sentences.The court determined the prosecutor did not misstate the law on aiding and abetting, premeditation, or first-degree murder. The aiding and abetting instruction was legally appropriate, and the phrase "mental culpability" was comprehensible. However, the court acknowledged the jury instructions on first-degree murder and its lesser included offense were not legally appropriate, but this did not rise to the level of clear error. The jury's unanimous verdicts on both premeditated and felony murder indicated the errors did not affect the outcome.The Kansas Supreme Court affirmed Z.M.'s convictions and sentence, finding no cumulative error that denied him a fair trial. View "State v. Z.M." on Justia Law