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   State Courts - Kansas - June 9, 2006

  
State v. Kirtdoll, No. 94,128, SUPREME COURT OF KANSAS, June 9, 2006, Opinion Filed
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Overview: Substantial competent evidence supported trial court's findings that defendant's Miranda rights were knowingly and voluntarily waived and his statement to detective was voluntarily and knowingly given as 1) he was Mirandized; 2) he terminated interview by invoking his right to counsel; and 3) he was 26 and had prior experience with law enforcement.

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State v. Lawrence, No. 93,766, SUPREME COURT OF KANSAS, June 9, 2006, Opinion Filed
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Overview: Defendant's conviction of first-degree premeditated murder and other crimes was affirmed because, in part, trial court did not err in not instructing jury to deliberate premeditation and imperfect self-defense at the same time and it did not err in its consideration of aggravating and mitigating factors, Kan. Stat. Ann. § 21-4635(b) (2005 Supp.).

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State v. Potts, No. 92,018, SUPREME COURT OF KANSAS, June 9, 2006, Opinion Filed
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Overview: The supreme court reversed the finding that defendant's criminal threat conviction in violation of Kan. Stat. Ann. § 21-3419 was multiplicitous because criminal threat required an actual threat to commit violence, while aggravated criminal sodomy in violation of Kan. Stat. Ann. § 21-3506 did not.

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State v. Tatum, No. 93,931, SUPREME COURT OF KANSAS, June 9, 2006, Opinion Filed
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Overview: Defendant's conviction of first-degree murder, Kan. Stat. Ann. § 21-3401, and attempted first-degree murder, Kan. Stat. Ann. §§ 21-3401, 21-3301, was affirmed because defendant failed to carry his burden to show the trial court abused its discretion in admitting gang evidence and trial court did not abuse discretion in refusing to grant a mistrial.

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State v. Winston, No. 93,972, SUPREME COURT OF KANSAS, June 9, 2006, Opinion Filed
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Overview: Gang evidence was properly admitted, Kan. Stat. Ann. § 60-455, because to understand what defendant had indicated to the victim prior to the shooting and why he made such threats, it was necessary to understand the circumstances behind the prior gang-related murder and how that dispute expanded to become a threat to the shooting victim.

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