State v. Hilt, 299 Kan. 176

Background

Defendant Dustin Hilt was convicted by a jury of first‑degree premeditated murder, aggravated kidnapping, and aggravated robbery arising from the September 2009 killing of his ex‑girlfriend, Keighley Alyea; her body showed multiple stab wounds, blunt‑force trauma, and signs of asphyxiation.
Evidence included Alyea’s car with blood in the trunk and a bloody knife found under clothing in the trunk, bloody clothing recovered from Hilt’s grandparents’ house (DNA matched Alyea), and a charred metal pipe found at a co‑defendant’s residence.
Forensic testimony included a blood‑spatter test using a sweatshirt like Hilt’s and expert analysis classifying stains as spatter.
During trial, the court refused defense requests to supplement the aiding‑and‑abetting instruction, refused instructions on voluntary intoxication and voluntary manslaughter, admitted two arguably gruesome autopsy photos, and denied other defense motions.
Jury deliberations were restarted after the court dismissed a juror for using outside information and seated an alternate; Hilt was sentenced to a hard‑50 life term under Kansas’s then‑applicable statute and consecutive guideline sentences for the other felonies.
The Kansas Supreme Court affirmed convictions, vacated the hard‑50 murder sentence under Alleyne principles, and remanded for resentencing on the murder conviction.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Hilt)	Held
Supplement to aiding & abetting instruction	PIK 3d 54.05 sufficient	Requested explicit “mere presence/association” language was needed to reflect defense	Denial not reversible; PIK instruction adequate though adding the language is better practice
Dismissal of juror & seating alternate	Dismissal for juror misconduct (outside information) was proper; alternate was not tainted	Dismissal/alternate seating was improper and prejudicial	Court did not abuse discretion; dismissal for misconduct and seating alternate permissible
Admission of knife and charred pipe	Both items were relevant to weapon/connection to defendants	Items insufficiently linked to murder and unduly prejudicial	Admission proper; both items relevant and probative; prejudice argument abandoned
Admission of blood‑spatter test evidence	Test admissible; foundation shown	Test conditions materially dissimilar; irrelevant (raised on appeal)	Relevance objection not preserved at trial; court declines to reach merits
Voluntary intoxication instruction	Not required absent evidence of impaired ability to form intent	Hilt had been drinking; instruction should have been given	Denial proper; evidence showed consumption only, not impairment to negate specific intent
Voluntary manslaughter instruction	(State) Not supported	Evidence of a heated quarrel justified instruction	Denial proper; insufficient evidence of sudden quarrel/heat of passion
Admission of gruesome autopsy photos	Photos assisted ME in explaining injuries; relevant	Photos unduly prejudicial and cumulative	Admission not an abuse of discretion; photos relevant and not unduly repetitive
Prosecutorial GoodFellas analogy in closing	Allowed as rhetorical device tying evidence to plausible inference	Misconduct: appealed to emotion and referenced facts not in evidence	Not misconduct; analogy stayed within permissible rhetorical latitude
Cumulative error	N/A	Multiple errors collectively denied fair trial	No reversible cumulative error; evidence not undermined
High grid‑range guideline sentences	State argues harmless / statutory limitations	Challenges high‑end grid placements (preserve issue)	Court declines to revisit jurisdictional issue (preserved for federal review)
Hard‑50 sentencing (Alleyne issue)	State: sentencing scheme constitutional or harmless error; amended statute may apply on remand	Judge made factual findings by preponderance that increased mandatory minimum; Sixth Amendment violated	Hard‑50 vacated: under Alleyne the judge’s factfinding on aggravators (preponderance) violated the Sixth Amendment; remand for resentencing; harmlessness not shown on record

Key Cases Cited

State v. Plummer, 295 Kan. 156 (discusses standard for review of jury instructions)
State v. Edwards, 291 Kan. 532 (refusal to add “mere presence” language to aiding/abetting instruction not reversible)
State v. Cheek, 262 Kan. 91 (limits on discharging jurors absent reasonable cause)
State v. Francis, 282 Kan. 120 (murder‑weapon evidence relevant even when connection is thin)
State v. Rodriguez, 295 Kan. 1146 (framework for admitting gruesome photographs)
State v. Soto, 299 Kan. 102 (addresses Alleyne implications for Kansas hard‑50 scheme and harmlessness)
State v. Reyna, 290 Kan. 666 (Apprendi/harmlessness analysis applied in sentencing context)