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Kansas Statutes Annotated

K.S.A. § 21-3439 (2026)

✓ current as of May 2026
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21-3439.

History: L. 1994, ch. 252, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 59 cases (6 in the last 5 years), 1996–2026 · leading case: State v. Robinson, 363 P.3d 875 (Kan. 2015).
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State v. Robinson, 363 P.3d 875 (Kan. 2015). · cites it 84× “21- 3439(a)(6) were not united and fulfilled until the principal charged capital murder victims, Trouten in Count II and Lewicka in Count III, had been killed.”
State v. Carr, 331 P.3d 544 (Kan. 2014). · cites it 44× “at 571-78 (unit of prosecution under K.S.A. 21-3439[a][6] is more than one killing; more than one victim required to have prosecutable offense; killing of second, subsequent victim makes murder of group of victims punishable by death).”
State v. Scott, 183 P.3d 801 (Kan. 2008). · cites it 20× “WHETHER COUNT TWO IS MULTIPLICITOUS WITH COUNT SIX Scott next argues that if the capital murder charge does adequately charge "the intentional and premeditated killing of more than one person" (K.S.A. 21-3439[a][6]), his conviction for the premeditated first-degree murder of…”
State v. Harris, 162 P.3d 28 (Kan. 2007). · cites it 23× “” It further alleged that the premeditated and intentional killing of Montague was part of the same act or transaction or one of two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct, in violation of K.S.A. 21-3439.…”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 14× “See K.S.A. 21-3439; K.S.A. 21-4624. This case represents the first court *909 challenge under the enactment.”
State v. Martis, 83 P.3d 1216 (Kan. 2004). · cites it 13× “defendant in Count I with capital murder, alleging that the defendant “did unlawfully, feloniously, intentionally and with premeditation, kill more than one person, to-wit: Alfonzo Moore and Jerry Seals, as part of the same act or transaction or in two or more acts or…”
Trotter v. State, 200 P.3d 1236 (Kan. 2009). · cites it 8× “The State alleged that Trotter did “unlawfully, feloniously, and intentionally and with premeditation, kill a human being, to-wit: Traylennea Huff, which constituted the killing of more than one person as a part of the same act or transaction or in two or more acts or…”
State v. Gleason, 329 P.3d 1102 (Kan. 2014). · cites it 11× “But contrary to Gleason’s argument, nothing in the plain language of K.S.A. 21-3439 or K.S.A. 21-3205(1), or in our prior case-law, suggests a person must either personally kill more than one victim or aid and abet the killing of more than one victim to be charged with capital…”
State v. Thurber, 420 P.3d 389 (Kan. 2018). · cites it 4× “Defendant Reginald Carr argued he was entitled to a special unanimity jury instruction on alternative capital murder charges under K.S.A. 21-3439(a)(4) by alleging "jurors may not have understood that they needed to be unanimous on the sex crime underlying each capital murder…”
State v. Longoria, 343 P.3d 1128 (Kan. 2015). · cites it 6× “See K.S.A. 21-3439; K.S.A. 21- 4624(a). And, considering factor nine relating to the size of the community, a population 27 of 20,546 eligible jurors provided a relatively small pool from which to draw the venire panel.”
State v. Mireles, 301 P.3d 677 (Kan. 2013). · cites it 7× “3d 525 (2009) (a count charging capital murder under K.S.A. 21-3439[a][4] is multiplicitous with a count charging the underlying sex crime), the district court set aside Mireles’ conviction for aggravated criminal sodomy.”
State v. Robinson, 270 P.3d 1183 (Kan. 2012). · cites it 4× “The State charged Robinson with one count of capital murder in violation of K.S.A. 21-3439(a)(2) (intentional and premeditated killing pursuant to a contract or agreement or being a party to such contract or agreement), an off-grid person felony; one count of aggravated…”
Show all 59 citing cases →
— K.S.A. § 21-3439(a) — 2 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “21- 3439(a)(6) were not united and fulfilled until the principal charged capital murder victims, Trouten in Count II and Lewicka in Count III, had been killed.”
State v. Scott, 183 P.3d 801 (Kan. 2008). “WHETHER COUNT TWO IS MULTIPLICITOUS WITH COUNT SIX Scott next argues that if the capital murder charge does adequately charge "the intentional and premeditated killing of more than one person" (K.S.A. 21-3439[a][6]), his conviction for the premeditated first-degree murder of…”
— K.S.A. § 21-3439(a)(1) — 2 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “21- 3439(a)(6) were not united and fulfilled until the principal charged capital murder victims, Trouten in Count II and Lewicka in Count III, had been killed.”
State v. Appleby, 221 P.3d 525 (Kan. 2009).
— K.S.A. § 21-3439(a)(2) — 5 cases
State v. Robinson, 270 P.3d 1183 (Kan. 2012). “The State charged Robinson with one count of capital murder in violation of K.S.A. 21-3439(a)(2) (intentional and premeditated killing pursuant to a contract or agreement or being a party to such contract or agreement), an off-grid person felony; one count of aggravated…”
State v. Hollister, 329 P.3d 1220 (Kan. 2014).
State v. Burnett, 270 P.3d 1115 (Kan. 2012).
State v. Deiterman, 29 P.3d 411 (Kan. 2001).
State v. Dieterman, 29 P.3d 411 (N.D. 2001).
— K.S.A. § 21-3439(a)(4) — 16 cases
State v. Carr, 331 P.3d 544 (Kan. 2014). “at 571-78 (unit of prosecution under K.S.A. 21-3439[a][6] is more than one killing; more than one victim required to have prosecutable offense; killing of second, subsequent victim makes murder of group of victims punishable by death).”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “See K.S.A. 21-3439; K.S.A. 21-4624. This case represents the first court *909 challenge under the enactment.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). “Defendant Reginald Carr argued he was entitled to a special unanimity jury instruction on alternative capital murder charges under K.S.A. 21-3439(a)(4) by alleging "jurors may not have understood that they needed to be unanimous on the sex crime underlying each capital murder…”
State v. Longoria, 343 P.3d 1128 (Kan. 2015). “See K.S.A. 21-3439; K.S.A. 21- 4624(a). And, considering factor nine relating to the size of the community, a population 27 of 20,546 eligible jurors provided a relatively small pool from which to draw the venire panel.”
State v. Mireles, 301 P.3d 677 (Kan. 2013). “3d 525 (2009) (a count charging capital murder under K.S.A. 21-3439[a][4] is multiplicitous with a count charging the underlying sex crime), the district court set aside Mireles’ conviction for aggravated criminal sodomy.”
— K.S.A. § 21-3439(a)(5) — 3 cases
State v. Moore, 194 P.3d 18 (Kan. 2008).
State v. Cheever (Kan. 2016).
State v. Cheever - ( (Kan. 2017).
— K.S.A. § 21-3439(a)(6) — 19 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “21- 3439(a)(6) were not united and fulfilled until the principal charged capital murder victims, Trouten in Count II and Lewicka in Count III, had been killed.”
State v. Carr, 331 P.3d 544 (Kan. 2014). “at 571-78 (unit of prosecution under K.S.A. 21-3439[a][6] is more than one killing; more than one victim required to have prosecutable offense; killing of second, subsequent victim makes murder of group of victims punishable by death).”
State v. Scott, 183 P.3d 801 (Kan. 2008). “WHETHER COUNT TWO IS MULTIPLICITOUS WITH COUNT SIX Scott next argues that if the capital murder charge does adequately charge "the intentional and premeditated killing of more than one person" (K.S.A. 21-3439[a][6]), his conviction for the premeditated first-degree murder of…”
State v. Harris, 162 P.3d 28 (Kan. 2007). “” It further alleged that the premeditated and intentional killing of Montague was part of the same act or transaction or one of two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct, in violation of K.S.A. 21-3439.…”
State v. Martis, 83 P.3d 1216 (Kan. 2004). “defendant in Count I with capital murder, alleging that the defendant “did unlawfully, feloniously, intentionally and with premeditation, kill more than one person, to-wit: Alfonzo Moore and Jerry Seals, as part of the same act or transaction or in two or more acts or…”
— K.S.A. § 21-3439(a)(l) — 3 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “21- 3439(a)(6) were not united and fulfilled until the principal charged capital murder victims, Trouten in Count II and Lewicka in Count III, had been killed.”
State v. Harris, 162 P.3d 28 (Kan. 2007). “” It further alleged that the premeditated and intentional killing of Montague was part of the same act or transaction or one of two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct, in violation of K.S.A. 21-3439.…”
State v. Appleby, 221 P.3d 525 (Kan. 2009).
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