State v. McCaslin
245 P.3d 1030
| Kan. | 2011Background
- McCaslin was convicted of first‑degree premeditated murder, rape, and aggravated arson for the death of Angela Duran‑Ortiz.
- The body was found after a fire; DNA from McCaslin was found inside the victim.
- McCaslin concealed evidence, changed clothes, and discarded items after the homicide and fire.
- Phoned records and testimony placed McCaslin at or near the scene around the time of death.
- The trial court sentenced McCaslin to hard 50 for murder and concurrent terms for rape and arson, to run consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of confrontation/hearsay objections | McCaslin contends hearsay and Confrontation Clause issues were preserved. | State failed to preserve these grounds with timely, specific objections. | Not preserved for appeal; evidentiary grounds require contemporaneous, specific objections. |
| Sufficiency of evidence for convictions | Evidence tied rape, arson, and murder; rape supports others via inference. | If rape is insufficient, murder and arson collapse as theory. | Sufficient evidence supports all three convictions beyond a reasonable doubt. |
| Prosecutorial misconduct | Multiple cross‑examination questions and rebuttal remarks were improper. | Prosecutor acted with ill will and committed misconduct affecting fairness. | Some conduct was improper and gross; however, cumulative impact did not require reversal. |
| Hard 50 sentencing and enhancement factors | Hard 50 upheld; offenses and aggravators supported by evidence. | Issues constitutionality and jury requirement for enhancing facts. | Hard 50 constitutional; enhanced consecutive sentences properly imposed; reviewing court lacks jurisdiction over presumptive grids. |
| Cumulative error | Challenged cumulative impact of prosecutorial conduct. | Cumulative errors denied fair trial requiring reversal. | Cumulative error did not deny a fair trial; convictions affirmed. |
Key Cases Cited
- Davis v. Washington, 547 U.S. 813 (U.S. Supreme Court, 2006) (non-testimonial hearsay not subject to Confrontation Clause)
- Crawford v. Washington, 541 U.S. 36 (U.S. Supreme Court, 2004) (testimonial statements require confrontation unless exception applies)
- Melendez‑Diaz v. Massachusetts, 557 U.S. _ (U.S. Supreme Court, 2009) (defendant bears burden to raise Confrontation Clause objections; relevance of objections)
- State v. King, 288 Kan. 333, 204 P.3d 585 (2009) (contests on appeal require contemporaneous specific objections; evidentiary vs. prosecutorial grounds)
- State v. Dukes, 290 Kan. 485, 231 P.3d 558 (2010) (contemporaneous objection rule; preserving issues)
- State v. Richmond, 289 Kan. 419, 212 P.3d 165 (2009) (standard for evaluating prosecutorial misconduct and harmless error)
- State v. Bryant, 285 Kan. 970, 179 P.3d 1122 (2008) (three-factor test for determining need for new trial in prosecutorial misconduct cases)
- State v. Laturner, 289 Kan. 727, 218 P.3d 23 (2009) (objections to Confrontation Clause with evolving standards)
