State v. Remmert
298 Kan. 621
| Kan. | 2014Background
- Remmert convicted of aggravated criminal sodomy and sentenced to a hard 25 life term.
- Appeal challenges admission of prior-crimes evidence under K.S.A. 2009 Supp. 60-455(d).
- Appeal argues insufficiency of evidence to prove aggravated criminal sodomy beyond a reasonable doubt.
- Appeal argues district court abused its discretion in denying a departure sentence under Jessica’s Law (K.S.A. 21-4643(d)).
- Prior 1987 charge: aggravated incest with his stepdaughter, diversion agreement; used to admit propensity-relevant evidence under 60-455(d).
- District court weighed probative value against prejudice and instructed the jury on the 60-455 evidence; testimony included Jennifer as sole eyewitness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 1987 diversion under 60-455(d) | Remmert argues 60-455(a) bars propensity evidence; 60-455(d) does not apply. | Remmert contends evidence allowed under 60-455(d) to show propensity and other relevant matters. | District court did not err; 60-455(d) created an exception for sex-offense cases. |
| Sufficiency of evidence to prove aggravated sodomy | Jennifer’s testimony suffices; corroboration not required when credibility is for jury to weigh. | Reliance on a single eyewitness undermines guilt beyond a reasonable doubt. | Evidence viewed in probative light supports guilt beyond a reasonable doubt. |
| Denial of departure sentence under Jessica’s Law | Remmert has no significant prior criminal history, warranting a departure. | The district court had discretion to deny departure despite mitigating factor. | No abuse of discretion; denial affirmed given the crime’s nature and lack of remorse. |
Key Cases Cited
- State v. Spear, 304 P.3d 1246 (Kan. 2013) (60-455(d) creates explicit exception for sex crimes; admissibility depends on probative value outweighing prejudice)
- State v. Prine, 303 P.3d 662 (Kan. 2013) (confirms 60-455(d) admissibility for sex offenses and weighing test)
- United States v. Benally, 500 F.3d 1085 (10th Cir. 2007) (guidance on weighing probative value of prior crimes evidence)
- State v. Wilson, 289 P.3d 1082 (Kan. 2012) (abuse-of-discretion standard for evidentiary weighing)
- State v. Baptist, 280 P.3d 210 (Kan. 2012) (multifactor balancing in departure decisions under Jessica's Law)
- State v. Ward, 256 P.3d 801 (Kan. 2011) (abuse-of-discretion standard synthesis cited for discretion governing sentences)
- State v. Gonzalez, 234 P.3d 1 (Kan. 2010) (standard framework for abuse of discretion in sentencing)