State v. Seba
113149
Kan.Sep 30, 2016Background
- Defendant Bryant A. Seba fired nine shots after a neighborhood fight; one shot killed bystander Alexandria Duran (pregnant ~12–15 weeks) and five shots struck Brandon Wright, paralyzing him. Seba admitted to using racial slurs and later told others he had shot "two black guys." BAC drawn ~2 hours later was .17.
- Charges: two counts of first-degree premeditated murder (one under "Alexa's law" treating an unborn child as a separate human being) and attempted first-degree premeditated murder of Wright. Jury convicted on all counts; district court imposed two consecutive life sentences and a concurrent lengthy term. Direct appeal to Kansas Supreme Court.
- State relied on the transferred intent doctrine to prove the intent element for both first-degree premeditated murder counts (arguing Seba intended to kill the Wright brothers and that intent transferred to the victims actually killed).
- Seba raised multiple instructional challenges on appeal: improper use of transferred intent, failure to instruct on lesser included offenses (reckless second-degree murder and reckless involuntary manslaughter), imperfect self-defense (voluntary manslaughter), erroneous definition of "intentionally," erroneous voluntary-intoxication instruction as to manslaughter, admission of autopsy/fetus photographs, and cumulative error.
- Court reviewed instructional issues de novo for legal appropriateness, then for clear error (defendant failed to request some instructions at trial), and applied harmless-error and sufficiency-of-the-evidence standards where appropriate.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Seba) | Held |
|---|---|---|---|
| Applicability of transferred intent to premeditated murder (including Alexa's law count) | Transferred intent is a valid common-law doctrine that proves homicidal intent for statutory first-degree premeditated murder and can apply to both the bystander and the unborn child counts. | Transferred intent cannot be used where statute defines murder; felony murder is the only applicable theory; intent cannot "transfer" after the intended victim is killed (and thus cannot support Alexa's law count). | Transferred intent is compatible with K.S.A. §21-5402 and may be used to prove premeditated murder; evidence supported transfer to both Duran and her unborn child; convictions affirmed. |
| Failure to instruct on reckless 2nd-degree murder and reckless involuntary manslaughter | (N/A) State argued evidence showed intent; district court had no duty to give instructions it found factually unwarranted. | Trial court should have instructed on these lesser included offenses because evidence (intoxication; statements about aiming above people) could support recklessness. | Even assuming error, it was harmless given overwhelming evidence of intent and premeditation; defendant failed to show he would have obtained a different verdict. |
| Imperfect self-defense (voluntary manslaughter) instruction | (N/A) State maintained self-defense instruction already given; facts did not support imperfect self-defense. | Seba argued his statements and fear supported an imperfect self-defense instruction (honest but unreasonable belief). | Instruction was not required or, if given absent plain error, omission was harmless—record did not support a subjective honest belief of need for deadly force. |
| Voluntary-intoxication as defense to voluntary manslaughter / attempted manslaughter | Voluntary intoxication can negate specific intent but is not a defense to general-intent crimes; voluntary manslaughter is a "knowing" (general intent) crime under statute. | Argued the jury should have been allowed to consider voluntary intoxication as a defense to manslaughter/attempted manslaughter. | Court upheld instruction that intoxication is not a defense to voluntary manslaughter; accepted State concession that attempted voluntary manslaughter should have been listed but held omission harmless. |
| Autopsy/fetus photographs admissibility | Photographs were relevant to manner and cause of death and aided pathologist testimony; probative value outweighed prejudice. | Photographs were gruesome, cumulative, and unduly prejudicial; should have been excluded. | District court did not abuse discretion; photos relevant and not unduly prejudicial. |
| Cumulative error affecting right to fair trial | (N/A) State argued errors were harmless individually and cumulatively; evidence overwhelming. | Combined instructional and evidentiary errors deprived Seba of a fair trial. | Cumulative-error review found no reasonable likelihood verdict would differ; convictions affirmed. |
Key Cases Cited
- State v. Moffitt, 199 Kan. 514 (Kan. 1967) (explains transferred intent principle: intent follows the homicidal act when a different person than intended is killed)
- State v. Jones, 257 Kan. 856 (Kan. 1995) (recognizes transferred intent and that same evidence can support felony-murder or premeditated murder under transferred intent)
- Gladden v. State, 273 Md. 383 (Md. 1974) (extensive discussion supporting application of transferred intent to statutory premeditated murder)
- State v. Gayden, 259 Kan. 69 (Kan. 1996) (distinguishes transferred intent for intentional murder from transfer of felonious intent under felony-murder doctrine)