State v. Randolph
297 Kan. 320
| Kan. | 2013Background
- Randolph was convicted of rape of a child under 14 (K.S.A. 21-3502(a)(2)) after a two-segment police interrogation and a recorded confession involving digital penetration of Z.T. by Randolph; no DNA tying him to the offense was admitted; the victims were two children aged 6 and 7, staying with Randolph’s sisters on Dec. 3, 2008; Randolph waived Miranda rights and gave a confession later admitted at trial; the jury was not instructed on alternative means of penetration; Randolph moved for a Jessica’s Law departure from a lifetime sentence with a 25-year minimum; the sentencing judge denied departure on the wrong statutory factors, prompting remand and vacatur of the sentence; Randolph appeals on three trial issues and one sentencing issue, with the court affirming the conviction but vacating and remanding the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimity on alternative means | Randolph argues multiple means require separate evidence | State contends only single act of penetration; instruction not alternative means | Conviction upheld; not denied for unanimity |
| Voluntariness of confession | Randolph claims interrogation and intellect tainted voluntariness | Cantwell’s tactics did not overcome free will; record supports voluntariness | Confession voluntary; admissible |
| DNA/testing testimony not preserved | DNA context evidence should be reviewed on appeal | Lack of objection prevents review | Issue not preserved; no merits reached |
| Departure under Jessica’s Law | Judge relied on wrong statutory factors; error non-harmless | Factors considered; departure denial could be upheld | Sentence vacated and remanded for resentencing under correct factors |
Key Cases Cited
- State v. Wright, 290 Kan. 194 (2010) (unanimity/alternative means discussion)
- State v. Timley, 255 Kan. 286 (1994) (unanimity/alternative means discussion)
- State v. Swindler, 296 Kan. 670 (2013) (limitations on alternative means instruction)
- State v. Newcomb, 296 Kan. 1012 (2013) (defining alternative means in rape case)
- State v. Stone, 291 Kan. 13 (2010) (totality of circumstances in voluntariness analysis)
- State v. Swanigan, 279 Kan. 18 (2005) (coercion and voluntariness factors in confession)