State v. Stevenson
297 Kan. 49
| Kan. | 2013Background
- David Stevenson was convicted by a jury of premeditated first-degree murder of his father, Walter.
- State's theory: Stevenson murdered Walter to gain control of a family farm and trust amid a dispute.
- Physical evidence included blood stains matched to Walter, blood under oil, hammer blood, and coroner’s opinions about timing of injuries.
- Defense presented experts arguing injuries and blood patterns were due to accidental hydraulic failure and lack of opportunity to kill.
- Stevenson was sentenced to life with no parole for 25 years.
- On appeal, Stevenson challenged prosecutorial conduct, a requested expanded reasonable-doubt instruction, and a specific jury instruction about disposition of the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct during voir dire | Stevenson argues wheel-of-doubt analogy misdefined doubt. | Stevenson contends analogy diluted burden and biased jurors. | Not improper; analogy did not define burden and did not prejudice. |
| Expanded reasonable-doubt instruction | Expanded instruction necessary due to voir dire discussion of doubt. | No need for extra instruction when pattern instruction suffices. | Not legally appropriate; no error to refuse expanded instruction. |
| Jury instruction No. 5 diluting presumption of innocence | No, instruction diluted innocence by emphasizing disposition of case later. | No conflict with presumption; two-option framing is proper when read with other instructions. | No error; reading with Instruction No. 7 preserved burden and presumption. |
Key Cases Cited
- State v. Burnett, 293 Kan. 840 (2012) (two-step prosecutorial-misconduct standard)
- State v. King, 288 Kan. 333 (2009) (plain-error review in misconduct claims)
- State v. Douglas, 230 Kan. 744 (1982) (no definition of reasonable doubt required)
- State v. Mack, 228 Kan. 83 (1980) (no separate reasonable-doubt instruction needed when PIK 52.02 given)
- State v. Ellmaker, 289 Kan. 1132 (2009) (comprehensive approach to jury-instruction review)
- State v. Plummer, 295 Kan. 156 (2012) (unlimited then harmless-error framework for instruction review)
- State v. Raskie, 293 Kan. 906 (2012) (guilty/not-guilty framing understood with proper burden instructions)
- State v. Yardley, 267 Kan. 37 (1999) (approval of PIK 3d 51.10 instruction as proper)
- State v. Osburn, 211 Kan. 248 (1973) (precedent on burden and jury instructions)
- People v. Serrano, No. G037986, 2008 WL 82838 (Cal. App. 2008) (Wheel of Fortune analogy considered permissive, non-precedential)
