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