State v. Parker, 459 P.3d 793

Victim Michel Ziade and defendant Willie Parker, coworkers, had a verbal and then physical altercation at work; witnesses saw Parker repeatedly strike Ziade.
After a short interval (~60 seconds), Parker retrieved a handgun from his van, pursued Ziade as he fled the parking garage, fired multiple shots, and fatally shot Ziade in the back.
Police located Parker three days later; he barricaded in a church, was exposed to tear gas, surrendered, and was arrested after a ~6-hour standoff.
Within about an hour of arrest detectives interrogated Parker for ~1 hour 50 minutes; Parker was given a written Miranda form, refused an oral reading, read the form silently, declined to sign, and made incriminating admissions.
Parker moved to suppress his statements arguing the Miranda waiver was invalid (due to mental condition, tear gas, and police not reading rights aloud); the district court denied suppression, he was tried, convicted of premeditated first-degree murder, and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Miranda waiver where rights were given in writing but not read aloud	State: Detectives gave written rights, offered to read, Parker read and demonstrated understanding; waiver was voluntary under totality of circumstances	Parker: Mental illness, recent tear-gassing and standoff, and police failure to read rights aloud meant they did not ensure he understood; waiver invalid	Court affirmed denial of suppression: waiver voluntary; no requirement to read rights aloud; written form + Parker's conduct/words supported voluntary, knowing waiver
Denial of voluntary manslaughter (heat-of-passion) jury instruction	State: Evidence showed deliberation and calculated conduct (retrieved gun, pursued victim) — instruction not warranted	Parker: Argument and alleged strike by victim created sudden quarrel/heat-of-passion support for instruction	Court affirmed: insufficient evidence of heat of passion; conduct showed time for reflection and calculation, so manslaughter instruction not factually appropriate

State v. Davis, 306 Kan. 400 (Kan. 2017) (nonexclusive factors to assess voluntariness of a confession)
State v. Kirtdoll, 281 Kan. 1138 (Kan. 2006) (Miranda waiver may be implied from circumstances)
State v. Mattox, 305 Kan. 1015 (Kan. 2017) (apply totality of circumstances to knowing, voluntary, intelligent Miranda waiver)
Missouri v. Seibert, 542 U.S. 600 (U.S. 2004) (limits two-step interrogation strategies that undermine Miranda)
United States v. Collins, 40 F.3d 95 (5th Cir. 1994) (silent perusal of waiver form can support knowing waiver)
State v. Gilliland, 294 Kan. 519 (Kan. 2012) (prosecution must prove admissibility of confession by preponderance)
State v. Campbell, 308 Kan. 763 (Kan. 2018) (calculated conduct undercuts heat-of-passion instruction)
State v. Hayes, 299 Kan. 861 (Kan. 2014) (definition and limits of heat-of-passion provocation)
State v. Wade, 295 Kan. 916 (Kan. 2012) (calculation and deliberate action negate claim of impulse without reflection)