State v. Louis, 110853

Background

Defendant Steven Louis shot at a rival gang's SUV after an earlier restaurant altercation; one person (Saechao) died and several others were wounded in two related shootings (restaurant and later drive-by).
Ballistics tied casings from both scenes to the same weapon; Louis admitted firing a 15-round clip at the SUV and later to reloading before the drive-by.
Jury convicted Louis of first-degree felony murder (life sentence), three counts of attempted first-degree murder, and other firearm offenses; court imposed a hard-20 life term for murder plus consecutive and concurrent terms for other counts.
Louis appealed, arguing (1) the court refused lesser-included instruction(s) for attempted murder counts, (2) the court should have instructed felony-murder does not cover a co-felon killed by a third party’s lawful self-defense, (3) prosecutorial misconduct in rebuttal, and (4) his life sentence is illegal under the statutory “double rule.”
The Supreme Court reviewed instructional preservation and harmless-error standards, examined statutory construction of multiple-offense sentencing provisions, and affirmed the convictions and sentences.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court erred by refusing attempted second-degree murder lesser instruction for Ma's attempted first-degree murder	State: abundant evidence of premeditation; lesser not warranted	Louis: evidence could support lack of premeditation so instruction required	Even if instruction should have been given, error harmless—overwhelming evidence of premeditation; conviction stands
Whether attempted involuntary manslaughter is a cognizable lesser included offense for attempted first-degree murder at restaurant	State: not a legally cognizable attempt (no specific intent to attempt an unintentional offense)	Louis: 2011 recodification makes higher culpability proof cover lower culpability, so attempted reckless manslaughter should be available	Rejected: Kansas does not recognize attempted involuntary manslaughter; instruction not legally appropriate
Whether felony-murder instruction should exclude liability when co-felon's death results from lawful third-party self-defense	State: no evidence Saechao was a co-felon when killed	Louis: jury should have been instructed otherwise	No error: record lacked evidence Saechao was engaged in felony enterprise with Louis; instruction not factually appropriate
Whether prosecutor committed reversible misconduct by rebuttal comments about defense wanting to hide gang evidence	State: comment was within latitude responding to defense’s “baloney” remarks	Louis: comment improperly referenced court rulings/evidence exclusion and prejudiced jury	Not reversible: comment was within rebuttal latitude (narrowly) and did not prejudice defendant
Whether K.S.A. 2011 Supp. 21-6819(b)(4) (“double rule”) limits total prison term so life sentence is illegal	State: double rule applies only to on-grid sentences; off-grid (felony murder) life sentence not limited	Louis: life sentence exceeds twice base grid sentence (165 months) and is therefore illegal	Rejected: statute interpreted to treat off-grid and on-grid sentences separately; double rule does not limit off-grid mandatory life term; sentence legal

Key Cases Cited

State v. Ward, 292 Kan. 541 (harmless-error test for nonconstitutional jury instruction error)
State v. Pfannenstiel, 302 Kan. 747 (three-step review for jury instruction issues)
State v. Shannon, 258 Kan. 425 (attempted involuntary manslaughter and lesser-included discussion)
State v. Collins, 303 Kan. 472 (statutory interpretation of sentencing provisions)
State v. Haberlein, 296 Kan. 195 (premeditation distinguishes first- and second-degree murder)
State v. Scaife, 286 Kan. 605 (factors to infer premeditation)
State v. Sophophone, 270 Kan. 703 (no responsibility for co-felon death caused by lawful acts of law enforcement)
State v. Finley, 273 Kan. 237 (prosecutor may not comment on trial court rulings on objections in closing)
State v. Grotton, 50 Kan. App. 2d 1028 (Ct. App. reasoning that double rule does not limit off-grid life sentences)