State v. Crawford
262 P.3d 1070
Kan. Ct. App.2011Background
- Crawford was convicted by jury of aggravated kidnapping, aggravated indecent liberties with a child, and criminal threat; a battery count was dismissed before trial.
- The incident occurred August 2, 2005 when Crawford allegedly abducted 12-year-old S.V. and assaulted her; later she identified injuries and odors at the scene.
- Charges filed August 8, 2005; trial began November 16, 2009; Crawford did not testify.
- The district court imposed a controlling sentence of 337 months’ imprisonment on January 4, 2010.
- Crawford argues several trial and sentencing errors, including speedy-trial, prosecutorial and judicial misconduct, cumulative error, and criminal-history scoring issues.
- Crawford appeals and the court affirms the district court’s judgment on all issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation raised on appeal | Crawford | State | Speedy-trial claim not addressed on the merits on direct appeal |
| Prosecutorial misconduct during voir dire and closing | Crawford | State | Misconduct found due to jigsaw puzzle analogy; not gross/flagrant, not ill will; did not deny fair trial |
| Judicial misconduct | Crawford | State | No prejudicial judicial misconduct by the district judge |
| Cumulative error combining prosecutorial/judicial misconduct | Crawford | State | Cumulative error claim fails; only one issue of misconduct identified, not reversible |
| Criminal-history scoring and Apprendi issue | Crawford | State | Uncounseled misdemeanor convictions not improperly used; Apprendi issue resolved against Crawford; sentencing affirmed |
Key Cases Cited
- State v. Vaughn, 200 P.3d 446 (2009) (counsel's actions attributed to defendant for speedy-trial computation; need findings on acquiescence)
- State v. Adams, 153 P.3d 512 (2007) (sua sponte speedy-trial review when ends justice; exceptional circumstance)
- State v. George, 681 P.2d 30 (1984) (continuances not justified after 180-day deadline; require proper statutory grounds)
- State v. Youngblood, 206 P.3d 518 (2009) (Sixth Amendment right to counsel in misdemeanor contexts)
- State v. McReynolds, 202 P.3d 658 (2009) (standard for prosecutorial misconduct requiring plain error if prejudicial)
- State v. Sappington, 169 P.3d 1107 (2007) (prosecutorial misconduct cases; burden of proof considerations)
- State v. Brinklow, 200 P.3d 1225 (2009) (prosecutorial comments suggesting less-than-beyond-reasonable-doubt are misconduct)