State v. Dority
324 P.3d 1146
Kan. Ct. App.2014Background
- Dority was convicted in a bench trial of domestic battery and endangering a child following testimony from Scourten and police officers.
- Scourten initially reported to police that Dority shoved her, knocked their child, and caused a head bruise on the child.
- At trial, Scourten recanted and gave a different version of events; Dority testified he did not hit Scourten or injure the child.
- The trial judge stated beliefs about domestic violence victims and recanted stories, citing common knowledge and the physical evidence in assessing credibility.
- The district court affirmed Dority’s convictions and sentenced him to 18 months in jail with probation; Dority appeals challenging sufficiency of evidence and trial fairness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for both counts | Dority contends evidence fails to prove all elements. | State asserts sufficient evidence supports each theory of the crimes. | Evidence sufficient; rational finder could find guilt beyond reasonable doubt. |
| Applicability of alternative means doctrine in bench trial | Dority argues alternative means require jury unanimity. | State asserts doctrine inapplicable where bench trial occurs. | In bench trial, alternative means doctrine inapplicable; no unanimity issue. |
| Judge's reliance on common knowledge about DV victims affecting fairness | Dority claims biased credibility assessment by judge based on stereotypes. | State contends credibility choice supported by record and evidence. | Not reversible; judge’s use of common knowledge permissible alongside substantial evidence. |
| Standard of review for conflicting testimony and witness credibility | Dority argues court reweighed witnesses to reach verdict. | State asserts appellate court defers to the trial court’s credibility determinations. | Appellate court does not reweigh credibility; substantial evidence supports verdicts. |
Key Cases Cited
- State v. Lowrance, 298 Kan. 274 (2013) (standard for sufficiency; appellate review not reweighing credibility)
- State v. Timley, 255 Kan. 286 (1994) (unanimity concerns for multiple means; jury unanimity requirement)
- State v. Wright, 290 Kan. 194 (2010) (reiteration of jury unanimity and alternative means reasoning)
- State v. Foster, 298 Kan. 348 (2013) (alternative means and jury-unanimity considerations in Kansas)
- Coppage v. State, 34 Kan. App. 2d 776 (2005) (victims of domestic violence recantations; credibility for factfinder)