State v. Backus
287 P.3d 894
| Kan. | 2012Background
- Backus was convicted in 2005 of first-degree premeditated murder, aggravated kidnapping, and aggravated robbery in Robin Bell's death.
- Haberlein was charged and tried separately; A.R. testified for the State in exchange for juvenile treatment for her case.
- The group planned a Dollar General robbery to obtain funds; witnesses testified there would be no witnesses or homicide.
- Backus helped beat Bell with objects and helped steal the money; Bell was eventually shot during the incident.
- Photographs of the crime and autopsy were admitted over Backus's objections, eight were admitted overall; two photos were deemed cumulative.
- Backus moved for a new trial and sought a determination of mental retardation to avoid a hard 50 sentence; the court denied both.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second-degree murder instruction | Backus argues K.S.A. 22-3414(3) requires a lesser included offense instruction. | State relies on underlying felony for felony-murder rule; no need for lesser instruction. | Harmless error; no impact on verdict. |
| Allen-type instruction | Allen-type language wrongly suggested another trial burden. | Language was improper but harmless given overwhelming evidence. | Not reversible; error harmless. |
| New trial based on newly discovered evidence | Father's affidavit shows alibi evidence not available at trial. | Evidence could have been discovered with diligence; not truly new. | District court did not abuse discretion; no new trial. |
| Mental retardation determination | Evidence should lead to a hearing under K.S.A. 21-4634(a)-(d). | Record shows no sufficient reason to believe retardation; no hearing required. | Court did not err; insufficient reason to believe mentally retarded. |
| Cumulative error | Multiple errors collectively denied a fair trial. | Even with errors, evidence was overwhelming against Backus. | No reversible cumulative error; convictions affirmed. |
Key Cases Cited
- State v. Berry, 292 Kan. 493 (Kan. 2011) (felony murder lesser-included instruction standard)
- State v. Hoffman, 288 Kan. 100 (Kan. 2009) (felony-murder rule context)
- State v. Ward, 292 Kan. 541 (Kan. 2011) (harmless error standards for certain offenses)
- State v. Williams, 295 Kan. 506 (Kan. 2012) (de novo harmless error analysis framework)
- State v. Salts, 288 Kan. 263 (Kan. 2009) (unpreserved instruction error standard)
- State v. Edwards, 291 Kan. 532 (Kan. 2010) (photographic evidence admissibility principles)
- State v. Burnett, 293 Kan. 840 (Kan. 2012) (photographic evidence relevance and prejudicial use)
- State v. Riojas, 288 Kan. 379 (Kan. 2009) (photographs aiding medical testimony)
- State v. Kirby, 272 Kan. 1170 (Kan. 2002) (relevance of gruesome photos in homicide cases)
- State v. Parker, 277 Kan. 838 (Kan. 2004) (purpose and limits of photographic evidence)
- State v. Green, 274 Kan. 145 (Kan. 2002) (manner of death and admissibility of photographs)