State v. Bailey, 255 P.3d 19

Bailey, age 17 at the offenses, was certified as an adult for crimes in August 2007 including first-degree murder and aggravated robbery.
In August 2007 Bailey participated with Starr and Dean in a home invasion targeting drugs; a gun was displayed and marijuana bricks were sought.
Bailey shot Ricky Stewart during the incident and stole money and drugs from Hicks and Stewart's home.
Bailey, Starr, and others later divided the proceeds at a vehicle, and Stewart died from gunshot wounds.
The State prosecuted Bailey as an adult under K.S.A. 2010 Supp. 38-2347; the trial court certified Bailey as an adult after considering eight factors.
Bailey challenges trial issues on jury instructions, Fifth Amendment concerns, and the admissibility/effect of witnesses Starr and Dean; the jury convicted Bailey on all counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether adult certification was proper under 38-2347	Bailey argues standard/applications under 38-2347 insufficient or misapplied	Bailey contends court used wrong standard or ignored factors	Certification proper; court applied correct factors and standard.
Felony murder underlying felonies timing	Bailey contends underlying felonies may have been completed before murder	State says murder occurred during underlying felonies; no break in events	Jury could find murder during underlying felonies; no reversible error.
Unanimity instruction for alternate means	Bailey asserts need for unanimity on which underlying felony acted as basis	Under Hooker/Becker, underlying felonies are alternative means	No unanimity required; sufficient evidence supported alternative means.
Definition of attempt in felony-murder instruction	Bailey sought definition of 'attempt' in instruction	No evidence of attempted underlying felonies; language surplusage	Omission harmless; no reversible error.
Witness Fifth Amendment issues with Starr and Dean testifying	Bailey claims improper coercion and privilege handling	Privilege issues were not preserved; limited prejudice	No reversible error given preservation and context.

State v. Ellmaker, 289 Kan. 1132, 221 P.3d 1105 (2009) (affirmed evaluation of eight-factor test under current standard)
State v. Hooker, 271 Kan. 52, 21 P.3d 964 (2001) (alternative means vs multiple acts in felony murder)
State v. Becker, 290 Kan. 842, 235 P.3d 424 (2010) (alternative means concept for multiple underlying felonies)
State v. Jackson, 280 Kan. 541, 124 P.3d 460 (2005) (causation/underlying felonies in felony murder instruction)
State v. Davis, 37 Kan. App. 2d 650, 155 P.3d 1207 (2007) (standard of review for adult certification in this jurisdiction)