State v. Parks, 280 P.3d 766

Parks was convicted in Kansas City of first-degree felony murder and aggravated robbery with consecutive life and 247-month sentences.
State’s theory was that Parks shot and robbed Suits over a debt; Parks admitted the killing but claimed self-defense.
Four eyewitnesses testified to the confrontation and shooting; Morales provided a key identification with an interpreter.
Prior to trial, the court granted a motion in limine to exclude marijuana evidence found at Parks’ residence, which the State later referenced briefly.
Detectives testified about interview procedures; video recording was partial and Parks invited discussion about why it didn’t start at the beginning.
A modified Allen-type instruction was given to the jury along with standard curative instructions; Parks did not object to the Allen instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Post-Miranda silence evidence	Parks argues Doyle error from evidence of his silence.	Parks claims Block’s remark about not going on tape invoked Doyle.	No reversible error; not equivalent to invoking silence.
Limine violation about marijuana evidence	Violation of pretrial order; misled jurors by stigma.	Violation was isolated; overwhelming evidence against Parks.	No reversal; curative instruction and strength of evidence sustain result.
Limitation on cross-exam of Morales about immigration status	Immigration status relevant to credibility under 60-420 and Confrontation Clause.	Status not probative; cross-exam was properly limited.	District court’s limitation not reversible; cure and voir dire disclosure adequate.
Allen-type instruction	Instruction misled about burden and could have affected verdict.	Instruction error is not automatic reversal; must show possible different verdict.	Not reversible; record shows no real possibility of different verdict.
Conviction/sentencing for both aggravated robbery and felony murder	Underlying felony can support felony-murder; offenses do not merge.	Aggravated robbery is a lesser included offense of felony murder; cannot convict for both.	No reversible error; Kansas precedent permits multiple convictions for inherently dangerous felony and felony murder.

Doyle v. Ohio, 426 U.S. 610 (U.S. 1976) (silence cannot be used against a defendant after warning)
Kemble, 291 Kan. 109 (Kan. 2010) ( Doyle rule applied to post-warning silence)
Brinkley, 256 Kan. 808 (Kan. 1995) (talks about Doyle with initial reluctance to speak)
Gadelkarim, 256 Kan. 671 (Kan. 1994) (addressing Doyle implications in cross-examination)
DuMars, 33 Kan. App. 2d 735 (Kan. App. 2005) ( appellate precedent on Doyle and cross-examination)
Schoonover, 281 Kan. 453 (Kan. 2006) (multiplicity and felony murder guidance)
Appleby, 289 Kan. 1017 (Kan. 2009) ( felonies and inherent dangerousness in murder doctrine)