State v. Dupree
304 Kan. 43
Kan.2016Background
- December 14, 2011: Home burglary in Wichita; victim Markez Phillips shot and later died of a .45 caliber gunshot. Multiple participants identified; Nicholas Dupree prosecuted as an alleged fifth participant and "mastermind."
- Key evidence: eyewitness ID of co-defendants, security camera showing an SUV, shell casings and bullet fragment linked to the same Hi-Point .45, witness statements implicating Dupree, and Dupree's own testimony and admissions (including threatening phone calls).
- Dupree was arraigned February 6, 2012; jury convicted him of first-degree felony murder and related offenses. District court sentenced him to life plus 142 months.
- On appeal Dupree raised five claims: statutory speedy-trial violation under K.S.A. 22-3402, Batson challenge to prosecution’s peremptory strikes, voluntariness/suppression of a custodial admission, admissibility of autopsy/crime-scene/ER photos, and cumulative error.
- Court affirmed convictions: found statutory speedy-trial remedy foreclosed by retroactive application of amended K.S.A. 22-3402(g) (per State v. Brownlee), rejected Batson challenge, held voluntariness complaint unpreserved, upheld photo admission, and found no cumulative error.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Dupree) | Held |
|---|---|---|---|
| 1. Statutory speedy trial under K.S.A. 22-3402 | State: delays requested by defense are chargeable to defendant; subsection (g) bars dismissal where delay initially attributed to defendant is later charged to State | Dupree: he did not consent to continuances and had a right to dismissal because the 90-day period expired before subsection (g) took effect; he had a vested right to dismissal | Held: Subsection (g) is procedural and may be applied retroactively (per Brownlee); no remedy available to Dupree under the statute, so claim fails |
| 2. Batson challenge to peremptory strikes | State: offered race-neutral reasons for strikes (juror views on felony murder; evasiveness/delayed disclosures; hardship) | Dupree: strikes of African-American jurors were pretextual and showed purposeful discrimination | Held: District court did not abuse discretion; State's reasons were facially race-neutral and credible; no purposeful discrimination proven |
| 3. Voluntariness/suppression of custodial admission | State: interviewing officer's testimony admissible; no timely trial objection preserved; statements voluntary | Dupree: admission was involuntary (officer deception / Seibert argument) and should have been suppressed | Held: Claims unpreserved—Dupree failed to lodge timely, specific objections at trial when statements were admitted |
| 4. Admission of autopsy, ER, and crime-scene photos | State: photos were relevant to manner/extent of wounds and rebutted defense assertions; not unduly cumulative | Dupree: photos were gruesome, duplicative, and intended to inflame the jury | Held: District court did not abuse its discretion; photos were relevant, probative, and not improperly cumulative |
| 5. Cumulative error requiring reversal | State: no significant errors to aggregate | Dupree: multiple alleged errors together deprived him of a fair trial | Held: No reversible errors (at most an assumed statutory speedy-trial issue without remedy); no cumulative prejudice found |
Key Cases Cited
- State v. Brownlee, 302 Kan. 491, 354 P.3d 525 (Kan. 2015) (held K.S.A. 22-3402(g) procedural and applied retroactively)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (three-step test for peremptory strike discrimination)
- State v. Vaughn, 288 Kan. 140 (Kan. 2009) (continuances requested by defense are generally attributable to defendant)
- State v. Kettler, 299 Kan. 448 (Kan. 2014) (Batson framework and standards of review)
- Owen Lumber Co. v. Chartrand, 276 Kan. 218 (Kan. 2003) (factors for determining whether a legislative change impairs vested rights)