State v. Richard, 300 Kan. 715

This is the Kansas Supreme Court direct appeal of Derrick Richard from a felony murder conviction based on the underlying felony of discharging a firearm at an occupied building.
Richard was charged with felony murder and criminal possession of a firearm after a neighbor was shot and killed in his yard and bullets were recovered.
Evidence included prior shooting incidents Richard admitted, used to show knowledge, identity, and possible absence of mistake, under K.S.A. 60-455.
The district court admitted prior-crimes evidence over defense objections; limiting instructions referred to specific purposes including opportunity, knowledge, and identity.
Richard challenging post-Miranda statements as involuntary; he also challenged a warrantless search of a locked storage area at his residence.
The court affirms conviction and addresses preservation, admissibility of prior-crimes evidence, and search-consent issues on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior crimes evidence under 60-455	Richard argues the prior shooting evidence was inadmissible	State argues evidence is material to knowledge, identity, and intent under Gunby three-part test	Admissible under 60-455; material, relevant, probative outweighs prejudice
Preservation of challenge to post-Miranda statements	Richard preserved issue with contemporaneous objection during some testimony	Preservation failed because no timely trial objection after suppression ruling	Issue not preserved for review; declined to reconsider suppression ruling
Validity of Irving Richard's consent to search and standing to challenge the search	Richard lacks standing to challenge search; consent invalid due to incapacity	Richard claimed co-ownership and access; Irving validly consented to search	Richard had standing; Irving's consent deemed voluntary; suppression denied

State v. Gunby, 282 Kan. 39 (2006) (three-part Gunby test for 60-455 admissibility)
State v. Tolson, 274 Kan. 558 (2002) (knowledge/intent considerations for admissibility)
State v. Garcia, 285 Kan. 1 (2007) (identity evidence; similarity and purpose in other-crimes evidence)
State v. Searles, 246 Kan. 567 (1990) (identity and credibility considerations in prior-crimes use)
State v. Boggs, 287 Kan. 298 (2008) (purpose and limits of 60-455; absence of mistake/intent factors)
State v. Inkelaar, 293 Kan. 414 (2011) (preservation and standard of review for evidentiary rulings)
State v. Tahah, 293 Kan. 267 (2011) (contemporaneous objection requirement for suppression issues)
State v. Houston, 289 Kan. 252 (2009) (controlling framework for contemporaneous objection and in limine rulings)
Matlock v. United States, 415 U.S. 164 (1974) (co-occupant consent authority for searches)
State v. Garcia, 285 Kan. 14 (2007) (identity as a disputed material fact)