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291 P.3d 512
Kan. Ct. App.
2012
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Background

  • Rivera appeals jury convictions for involuntary manslaughter and endangering a child.
  • Sufficiency: argues lack of proximate cause; evidence largely circumstantial.
  • Pretrial/trial errors: claims prosecutorial conflict, continuance denial, and improper jury instructions harmed fair trial.
  • Trial issues: district court gave preliminary manslaughter instruction later cured; unanimity concerns arose; underlying offense elements not listed in manslaughter instruction.
  • CINC-related evidence: State’s informal supervision agreement and no-contact order were at issue for motive/credibility.
  • Remand: court affirms in part, reverses in part, and remands for new trial due to multiple instructional and unanimity errors.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of proximate causation for involuntary manslaughter Rivera: Jones’ conduct was independent cause. Rivera: no sufficient link to proximate cause. Sufficient evidence supports proximate cause.
Prosecutor disqualification or witness disclosure Rivera: prosecutor privy to exculpatory info. No significant personal interest; not required. No abuse of discretion; disqualification not warranted.
Prosecutorial misconduct during voir dire/closing Rivera: improper remarks biased jury. Comments within wide latitude; not prejudicial. No reversible prosecutorial misconduct; trial fair.
Preliminary vs final jury instruction on involuntary manslaughter Preliminary misstatement misled jury. Final instruction cured prejudice; instructions were controlling. Cure by final instruction acceptable; prejudicial error cured.
Unanimity and multiple acts in underlying endangering a child State failed to elect act; could convict on Oct. 1 or 4. Could convict on either; no unanimity instruction given. Remand for new trial due to lack of unanimity instruction.
Endangering a child as a lesser included offense Endangering a child is subsumed by involuntary manslaughter. Parks permits dual conviction; not a lesser included offense issue here. Not barred; can be convicted of both.

Key Cases Cited

  • State v. McCaslin, 291 Kan. 697, 245 P.3d 1030 (2011) (standard for sufficiency of evidence review in criminal cases)
  • State v. Scott, 285 Kan. 366, 171 P.3d 639 (2007) (proximate cause and reckless mens rea guidance)
  • Davidson v. State, 267 Kan. 667, 987 P.2d 335 (1999) (foreseeability can support extreme indifference in manslaughter context)
  • Kuxhausen v. Tillman Partners, 291 Kan. 314, 241 P.3d 75 (2010) (definition of proximate cause; natural and probable consequences)
  • State v. Pham, 281 Kan. 1227, 136 P.3d 919 (2006) (standard for appellate review of witness credibility and evidence)
Read the full case

Case Details

Case Name: State v. Rivera
Court Name: Court of Appeals of Kansas
Date Published: Dec 21, 2012
Citations: 291 P.3d 512; 48 Kan. App. 2d 417; 2012 Kan. App. LEXIS 111; No. 105,834
Docket Number: No. 105,834
Court Abbreviation: Kan. Ct. App.
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