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State v. Nelson
243 P.3d 343
Kan.
2010
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Nelson
Court Name: Supreme Court of Kansas
Date Published: Nov 19, 2010
Citation: 243 P.3d 343
Docket Number: 101,064
Court Abbreviation: Kan.