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State v. Raskie
269 P.3d 1268
| Kan. | 2012
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Background

  • Raskie was convicted of two counts of aggravated indecent liberties with a child and sentenced under Jessica's Law to a hard 25 life term with a 61-month consecutive sentence.
  • The victim, C.R., was 15 at trial; abuse reportedly began when she was around 10.
  • Evidence included photographs, vibrators, lingerie, corsets, and a video camera found in Raskie's home, claimed to show grooming behavior not tied to specific charged incidents.
  • Police monitored Raskie's Myspace communications and recovered other materials (photos, gifts) related to alleged grooming.
  • Raskie challenged multiple evidentiary and sentencing issues, including the admissibility of grooming items, prosecutorial conduct, Myspace evidence, sufficiency of the evidence, a jury instruction, and the constitutionality of the sentence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Admissibility of grooming items Raskie contends grooming items were inadmissible as unrelated to charged acts Raskie argues grooming items were probative of predatory intent Evidence admitted was harmless error or no reversible error; majority upheld admission finding no prejudicial impact
Prosecutorial misconduct in closing on grooming Prosecutor improperly asserted grooming theory without expert support Prosecutor's remarks were within closing and stemmed from admitted evidence Misstated law but not reversible misconduct; not sufficient to warrant reversal
Sufficiency of the evidence for judgment of acquittal State presented sufficient evidence despite lack of physical corroboration Credibility and lack of physical evidence undermine the case Sufficient evidence supported the convictions beyond a reasonable doubt
Instruction No. 5 (PIK Crim.3d 51.10) burden shifting Instruction correctly stated that the jury should not determine sentence Instruction improperly shifted burden to defense No error; instruction properly stated law when read with others; no burden shift
Cruel and unusual punishment (hard 25 life sentence) Sentence may be unconstitutional under Kansas and US constitutions Legislature mandated the sentence for Jessica's Law offenses; issue preserved but inadequately analyzed Hard 25 sentence vacated and remanded for proper Freeman-factor findings and resentencing

Key Cases Cited

  • State v. Inkelaar, 293 Kan. 414, 264 P.3d 81 (2011) (prosecutorial misconduct framework; three-part analysis)
  • State v. Adams, 292 Kan. 60, 253 P.3d 5 (2011) (prosecutorial misconduct standard; preserved review)
  • State v. Tosh, 278 Kan. 83, 91 P.3d 1204 (2004) (closing argument limits and reflection of evidence and law)
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Case Details

Case Name: State v. Raskie
Court Name: Supreme Court of Kansas
Date Published: Feb 17, 2012
Citation: 269 P.3d 1268
Docket Number: 102,847
Court Abbreviation: Kan.