State v. Nelson
243 P.3d 343
Kan.2010Background
- Nelson was convicted of premeditated first-degree murder, burglary, and three counts of forgery arising from the assault on his stepfather, Swartz.
- Nelson admitted striking Swartz with a baseball bat, leading to Swartz's death from head injuries.
- The sequence involved a break-in at Swartz's home, forged checks drawn on Swartz's account, and later disposal of the bat and clothing.
- Nelson presented a defense theory that Swartz invited him in and overpowered him, with Nelson claiming responsibility only after Swartz pulled him back into a fight.
- Nelson's prior burglary/forgery convictions from 2000 were admitted at trial as prior-crimes evidence, allegedly to prove intent and identity.
- Nelson received a hard 50 life sentence for the murder, with consecutive sentences for burglary and forgery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imperfect self-defense instruction | Nelson | Nelson | No imperfect self-defense instruction warranted |
| First-degree murder instructions and burden on intent | Nelson | Nelson | Instructs not impermissibly lessen burden; proper when viewed as whole |
| Admission of prior crimes evidence under 60-455 | Nelson | Nelson | Claim not preserved; remanded/denied based on contemporaneous objection rule |
| Standard for aggravating circumstances for hard 50 | Nelson | Nelson | Remand to determine aggravation under preponderance standard |
Key Cases Cited
- State v. Ellmaker, 289 Kan. 1132 (2009) (upholds 54.01 inference not altering burden on premeditation)
- State v. Moore, 287 Kan. 121 (2008) (instruction on lesser included offenses; standard for reviewing jury instructions)
- State v. Spain, 263 Kan. 708 (1998) (preponderance standard for aggravating circumstances; Apprendi context)
- State v. Jones, 283 Kan. 186 (2007) (reasonable doubt standard debate on aggravating factors)
- State v. Gideon, 257 Kan. 591 (1995) (predecessor on standard for mitigating factors)
- State v. Riojas, 288 Kan. 379 (2009) (contemporaneous objection requirement preserved evidentiary issues)
