State v. McCune, 330 P.3d 1107

McCune was convicted by jury of two counts of rape of a child under 14 and sentenced under Jessica’s Law to two consecutive life sentences without parole (1,098 months).
Pretrial, the State sought to admit 60-455 evidence of Missouri misconduct to show relationship, plan, and ongoing conduct; the district court allowed some evidence for these purposes.
McCune moved for a psychiatric evaluation of the child witness (A.R.) under Gregg; the district court denied the motion.
At trial, A.R. testified to years of physical and sexual abuse beginning in Missouri and continuing in Kansas, with corroborating testimony from Dr. Moffat and Detective Rader; the defense challenged credibility and timing of reporting.
Sentencing: McCune argued Jessica’s Law was vague; the court rejected the vagueness challenge and imposed consecutive life terms plus related mandatory minimums under 21-4643(b).
On appeal, the court affirmed the convictions, vacated lifetime postrelease supervision, and otherwise affirmed the sentence, with several pro se arguments rejected.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of 60-455 evidence	McCune argues the district court admitted evidence primarily to prove credibility.	McCune contends admission violated 60-455’s limits and probative value was outweighed by prejudice.	District court did not abuse discretion; evidence properly related to material facts and ongoing conduct.
Constitutional condition on defense	McCune asserts the court forced surrender of Sixth Amendment rights to admit prior convictions.	State argues no unconstitutional condition and evidence could rebut credibility.	Unconstitutional-conditions doctrine not violated; no compelled sacrifice of rights.
Order of psychiatric evaluation of a witness	McCune contends the district court should have ordered a Gregg evaluation of A.R.	State argues lack of compelling circumstances and evidence of veracity issues.	District court did not abuse discretion; no compelling circumstances shown.
Vagueness of Jessica’s Law	McCune argues K.S.A. 21-4643 is unconstitutionally vague regarding sentencing and application.	State contends the statute is clear and not vague; sentencing procedure is proper.	Statute not unconstitutionally vague; vagueness challenge rejected.
Lifetime postrelease supervision	McCune contends lifetime postrelease supervision was unauthorized for an off-grid felony.	State defends imposition under existing jurisprudence; parole-related provisions apply.	Lifetime postrelease supervision vacated; remainder of sentence affirmed.

State v. Prine, 297 Kan. 460, 303 P.3d 662 (Kan. 2013) (expands admissibility of prior sexual misconduct under 60-455 to 'any matter' relevant and probative)
State v. Blaurock, 41 Kan. App. 2d 178, 201 P.3d 728 (Kan. App. 2010) (discusses limits of plan signature and direct/causal connections)
State v. Longstaff, 296 Kan. 884, 299 P.3d 268 (Kan. 2013) (examines requirements for strikingly similar or signature acts in 60-455 context)
State v. Bourassa, 28 Kan. App. 2d 161, 15 P.3d 835 (Kan. App. 2000) (upholds district court’s denial of compelled psychiatric evaluation of a witness)
State v. Stafford, 296 Kan. 25, 290 P.3d 562 (Kan. 2012) (reaffirms limited use of evidence where victim’s credibility is challenged)
State v. Sprung, 294 Kan. 300, 277 P.3d 1100 (Kan. 2012) (denies abuse of discretion where victim engaged in inconsistent conduct)
State v. Ivory, 273 Kan. 44, 41 P.3d 781 (Kan. 2002) (prior-issues jury-trial rights in enhancement cases)