State v. Cosby, 262 P.3d 285

Cosby appealed his first-degree premeditated murder conviction after a second trial.
The State relied on multiple witnesses who described Martin’s presence, the party atmosphere, and Cosby firing three shots.
A handgun was shown to Drame, but no gun was recovered at Martin’s body or coat; Cosby was arrested two days later.
The district court excluded Cosby’s question to a detective, “Did you find the gun on him?”, as hearsay; the exclusion was upheld on appeal.
The district court also refused to instruct on imperfect defense of another voluntary manslaughter; Cosby challenged this ruling.
The State contended the premeditation evidence was strong; Cosby contested the sufficiency of that evidence and alleged prosecutorial misconduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hearsay admissibility of Cosby’s question to the detective	Cosby asserts the question was nonhearsay/not offered for truth	State contends the question is hearsay and not admissible	Exclusion affirmed; the question is hearsay and not admissible.
Voluntary manslaughter instruction (imperfect defense of another)	There was circumstantial evidence to support an imperfect defense instruction	No evidence Cosby harbored an honest belief of imminent danger	No duty to instruct; evidence insufficient to support the lesser offense.
Sufficiency of premeditation evidence	Evidence showed Cosby premeditated killing	Jury could not reasonably infer premeditation	Evidence is plainly sufficient to support premeditation.
Prosecutorial misconduct during closing	Prosecutor shifted burden by asking about absence of evidence	Context showed proper discussion of evidence and burden	No reversible misconduct; comments within wide latitude.

State v. Stano, 284 Kan. 126 (2007) (hearsay rule and constitutional considerations in non-testifying statements; framework for admissibility)
State v. Hills, 264 Kan. 437 (1998) (limitations on admitting exculpatory statements)
State v. Humphery, 267 Kan. 45 (1999) (limits of admitting exculpatory hearsay)
State v. Moore, 287 Kan. 121 (2008) (imperfect defense not a defense but a lesser offense)
State v. Carter, 284 Kan. 312 (2007) (structuring of lesser included offenses; evidence standard)
State v. White, 284 Kan. 333 (2007) (standard for instruction on lesser-included offenses)
State v. Cravatt, 267 Kan. 314 (1999) (circumstantial evidence for premeditation; listed factors)
State v. Doyle, 272 Kan. 1157 (2002) (jury credibility; no reweighing of evidence by appellate court)
State v. Tosh, 278 Kan. 83 (2004) (prosecutor’s burden-shifting remarks in closing)
State v. McReynolds, 288 Kan. 318 (2010) (preservation of prosecutorial misconduct claims; closing arguments)