State v. McBroom
299 Kan. 731
Kan.2014Background
- McBroom was convicted of first-degree murder, aggravated burglary, and burglary in Osborne County.
- State theory included premeditated and felony murder with evidence tying McBroom to the crime scene.
- Scott Noel was killed March 25, 2008, with hands bound and shotgun wound; evidence suggested a home entry and burglary.
- DNA from a cigarette butt matched Wilson; McBroom and Wilson were surveilled together, with items tied to multiple burglaries.
- District court admitted other-burglaries evidence to prove identity and plan; jury received a limiting instruction.
- Change of venue denied; voir dire occurred over one day with 42 jurors qualified; some juror comments raised by the defense were not struck down.]
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change of venue was properly denied. | Survey showed substantial prejudice against McBroom. | No demonstrated prejudice; voir dire showed impartial jurors. | Denied; no abuse of discretion. |
| Sufficiency of the evidence to convict. | Circumstantial and direct evidence place McBroom in Osborne County on March 25. | Evidence insufficient to prove presence or guilt beyond a reasonable doubt. | Sufficient evidence supported conviction. |
| Cumulative error denied. | Cumulative impact of claimed errors denied fair trial. | Errors cumulatively prejudicial. | No reversible cumulative error; convictions affirmed. |
Key Cases Cited
- Higgenbotham v. State, 271 Kan. 582 (2001) (change of venue review with pretrial publicity factors)
- Verge v. State, 272 Kan. 501 (2001) (no abuse of discretion when venue denial preserved jury impartiality)
- Jackson v. State, 262 Kan. 119 (1997) (voir dire can sustain denial of change of venue when impartial jury seated)
- Swafford v. State, 257 Kan. 1023 (1995) (pretrial publicity and voir dire examined; no abuse of discretion)
- Anthony v. State, 257 Kan. 1003 (1995) (companion case to Swafford; voir dire and panel questioned for impartiality)
- Hunter v. State, 241 Kan. 629 (1987) (rural-area publicity and jury selection considerations)
- Cofield v. State, 288 Kan. 367 (2009) (cumulative error analysis for appellate review)