State v. Knapp
490 P.3d 1228
Kan.2021Background
- Joshua Knapp, Amber Boeken, and Brent Cagle killed Shawn Cook during a robbery; Cook was stabbed in the neck and dumped in the Neosho River after a fake "hospital" ruse.
- The group used a truck borrowed from James Myers; Cook's DNA was found in and around that truck.
- Matthew Broyles told police Knapp confessed to him; Boeken, Cagle, and Myers testified against Knapp.
- A jury convicted Knapp of first-degree murder and two counts of interference with a law enforcement officer; Knapp received a controlling hard 50 sentence.
- On direct appeal Knapp challenged: (1) admission of prior-bad-acts evidence under K.S.A. 60-455, (2) admission of hearsay via Broyles' statements and a sworn statement, and (3) cumulative error denying a fair trial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Knapp) | Held |
|---|---|---|---|
| Admission of alleged prior bad acts under K.S.A. 60-455 | The contested remarks were either not 60-455 evidence or were relevant for non-propensity purposes; any comments were harmless | The five instances (fight/phone seizure, "started at my house," "done this before," trying to run off road, jail comment) were prior-bad-acts evidence barred by 60-455 | Even assuming error, any 60-455 violation was harmless given overwhelming evidence of guilt |
| Specific vague remarks ("done this before," jail comment) | Too vague and nonspecific to be "a crime on a specified occasion"; jury admonition cured any prejudice | The comments implied prior crimes and were prejudicial propensity evidence | Remarks were too vague to trigger 60-455 protections; court admonished jury; no reversible error (Justice Stegall concurred that no error occurred) |
| Admission of Broyles' preliminary-hearing testimony and redacted sworn statement | Broyles was unavailable; preliminary-hearing testimony admissible; the parties negotiated redactions | Redacted sworn statement contained hearsay and exculpatory inconsistencies; admission was prejudicial | Knapp invited the admitted form by agreeing to redactions; cannot raise invited error on appeal; claim declined |
| Cumulative-error claim | Any errors were harmless individually and collectively in light of overwhelming evidence | Cumulative effect of errors deprived Knapp of a fair trial | Cumulative-error claim fails; assumed errors remain harmless; conviction affirmed |
Key Cases Cited
- State v. Meggerson, 312 Kan. 238, 474 P.3d 761 (2020) (interpreting 60-455 relevance exceptions)
- State v. Verser, 299 Kan. 776, 326 P.3d 1046 (2014) (60-455 errors reviewed under nonconstitutional harmlessness standard)
- State v. McCullough, 293 Kan. 970, 270 P.3d 1142 (2012) (harmless-error test: no reasonable probability the error affected outcome)
- State v. Breeden, 297 Kan. 567, 304 P.3d 660 (2013) (threshold inquiry whether 60-455 applies)
- State v. Butler, 307 Kan. 831, 416 P.3d 116 (2018) (res gestae/intertwined-events exception to prior-bad-acts rule)
- State v. King, 297 Kan. 955, 305 P.3d 641 (2013) (60-455 does not apply to events part of the res gestae)
- State v. Stewart, 306 Kan. 237, 393 P.3d 1031 (2017) (doctrine of invited error prevents appellate review of errors a party induced)