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State v. Stevenson
297 Kan. 49
| Kan. | 2013
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Background

  • 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)
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Case Details

Case Name: State v. Stevenson
Court Name: Supreme Court of Kansas
Date Published: Apr 12, 2013
Citation: 297 Kan. 49
Docket Number: No. 103,508
Court Abbreviation: Kan.