State v. James (2019)

See State v. James, 309 Kan. 1280 , 1304, 443 P.3d 1063 (2019) ("Shooting an unarmed person in retreat is antithetical to self-defense.").

"When a homicidal act is directed against one other than the person killed, the responsibility of the actor is the same as it would have been had the act been completed against the intended victim." Contrary to Jackson's argument that the district court should have instructed the jury to consider voluntary manslaughter simultaneously with involuntary manslaughter, the Kansas Supreme Court has held that "a district court is not required to instruct a jury to consider a lesser…

See, e.g., State v. James, 443 P.3d 1063, 1079 (Kan. 2019) (“The burden of demonstrating harmlessness is on the party benefiting from the error, which, in this case, is the State.”); Coleman v. Binion, 829 S.E.2d 1, 26 (W.Va. 2019) (“In a criminal case, the burden is upon the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.”) (citation and internal quotation marks omitted); State…

See State v. James, 309 Kan. 1280 , 1298, 443 P.3d 1063 (2019); State v. Haygood, 308 Kan. 1387 , 1408, 430 P.3d 11 (2018); see also State v. Gentry, 310 Kan. 715 , 721, 449 P.3d 429 (2019) (generally discussing lesser included offense instructions).

See State v. James, 309 Kan. 1280 , 1298, 443 P.3d 1063 (2019) (quoting State v. Carter, 305 Kan. 139 , 161, 380 P.2d 189 [2016]) (there are five degrees of homicide, including capital murder, first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter); Gentry, 310 Kan. at 721 ("[S]econd-degree murder, voluntary manslaughter, and involuntary manslaughter are lesser included offenses of first-degree premeditated murder.").

See State v. James, 309 Kan. 1280 , Syl. ¶ 5, 443 P.3d 1063 (2019) (recognizing criminal defendants may waive their constitutional rights); Wertz v. Southern Cloud Unified School District, 218 Kan. 25, 30 , 542 P.2d 339 (1975) (recognizing party to civil dispute may waive constitutional due process rights).

See State v. James, 309 Kan. 1280 , 1301-02, 443 P.3d 1063 (2019).

See State v. James, 309 Kan. 1280 , 1298, 443 P.3d 1063 (2019).

See State v. James, 309 Kan. 1280 , Syl. ¶ 5, 443 P.3d 1063 (2019) (recognizing criminal defendants may waive their constitutional right); Wertz v. Southern Cloud Unified School District, 218 Kan. 25, 30 , 542 P.2d 339 (1975) (recognizing party to civil dispute may waive constitutional due process rights).

See State v. James, 309 Kan. 1280 , 1302, 443 P.3d 1063 (2019).

See State v. James, 309 Kan. 1280 , 1302, 443 P.3d 1063 (2019); Plummer, 295 Kan. at 162-63 .

See State v. James, 309 Kan. 1280 , Syl. ¶ 5, 443 P.3d 1063 (2019) (recognizing waiver of constitutional right); State v. Jones, 287 Kan. 559 , Syl. ¶ 4, 197 P.3d 815 (2008) (recognizing forfeiture of constitutional right); see also United States v. Brasher, 962 F.3d 254, 271 (7th Cir. 2020) (recognizing defendant's dilatory assertion of constitutional right may result in waiver or forfeiture).

McMillan I, 2017 WL 3447000 , at *4; see State v. McDaniel, 306 Kan. 595 , Syl. ¶¶ 1-2, 395 P.3d 429 (2017); see also State v. James, 309 Kan. 1280 , Syl. ¶ 5, 443 P.3d 1063 (2019) (confirming hearing on trial continuance as critical stage of prosecution).

See State v. James, 309 Kan. 1280 , 1305, 443 P.3d 1063 (2019) (finding abuse of discretion is the standard of review when a party challenges evidence as cumulative).

See State v. James, 309 Kan. 1280 , 1300, 443 P.3d 1063 (2019).

See State v. James, 309 Kan. 1280 , 1299, 443 P.3d 1063 (2019) (quoting K.S.A. 2018 Supp. 21-5202[j]) (differentiating between degrees of recklessness needed for two crimes; person acts "recklessly," is "reckless" when person consciously disregards substantial, unjustifiable risk "that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation"); see al…

See State v. James, 309 Kan. 1280 , 1302, 443 P.3d 1063, 1079 (2019) ("The jury found James guilty of first-degree murder, which required jurors to conclude not only that the killing was intentional but also premeditated.

See State v. James, 309 Kan. 1280 , 1302, 443 P.3d 1063, 1079 (2019) (harmlessness standard for preserved instructional error: court "'must be persuaded that there is no reasonable probability that 17 the error will or did affect the outcome of the trial'").