State v. Britt
287 P.3d 905
| Kan. | 2012Background
- Britt appeals Jessica’s Law convictions for rape, aggravated sodomy, and aggravated indecent liberties.
- Issues relate to whether alternate means instructions were supported by the evidence under Brown.
- Other challenges include prosecutorial misconduct, and constitutional validity of the sentence under § 9 Freeman.
- District court imposed lifetime postrelease supervision which later is vacated.
- Court affirms convictions but vacates lifetime postrelease; questions about sentencing under Jessica’s Law are addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports alternative means for the charged offenses. | Britt argues insufficiency for each alternative means. | State contends no true alternative means were instructed. | The statute is not an alternative means statute; no reversal on this basis. |
| Whether prosecutorial misconduct requires reversal due to closing arguments. | Britt asserts improper statements affected fairness. | State claims statements were within latitude and not reversible. | Misconduct occurred but not reversible error. |
| Whether Britt's life sentence violates § 9 of the Kansas Constitution. | Britt contends sentence is unconstitutional under Freeman. | State contends sentence withstands Freeman factors. | Sentence does not violate § 9 under Freeman. |
| Whether lifetime postrelease supervision was improperly imposed. | Britt argues lifetime postrelease is improper for Jessica’s Law. | State agrees the postrelease element was improper. | Lifetime postrelease supervision vacated; convictions affirmed. |
Key Cases Cited
- State v. Brown, 295 Kan. 181 (2012) (establishes framework for alternative means and super-sufficiency analysis)
- State v. Bello, 289 Kan. 191 (2009) (guidance on grid sentence considerations under nonrape counts)
- State v. Burns, 295 Kan. 951 (2012) (rejected similar arguments about limiting alternative means in rape)
- State v. Sprung, 294 Kan. 300 (2012) (bias/motive of witnesses discussed in prosecutorial context)
- State v. Woodard, 294 Kan. 717 (2012) (upholds hard 25 life sentence under Jessica’s Law; Freeman framework)
- State v. Freeman, 223 Kan. 362 (1978) (three-part test for constitutional challenges under § 9)
- State v. Naputi, 293 Kan. 55 (2011) (prosecutorial misconduct standard considerations)