State v. Ultreras
295 P.3d 1020
| Kan. | 2013Background
- Ultreras was convicted on three counts of aggravated battery arising from a June 2, 2007 bar fight.
- He moved to dismiss the case on immunity grounds under K.S.A. 21-3219, arguing justified use of force in defense of others/property.
- The district court held the movant bore the immunity burden and required proof by preponderance, and then denied immunity, allowing trial to proceed.
- At trial, the jury convicted Ultreras on all counts; appeals followed.
- Kansas and other jurisdictions’ immunity statutes were discussed to determine who bears the burden and what standard applies.
- The majority ultimately held that the State bears the burden to negate immunity, using probable cause as the controlling standard; the error was harmless in this case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden and standard for immunity under 21-3219 | Ultreras bears burden to prove immunity by preponderance | State must prove immunity negation via probable cause | State bears burden; probable cause standard applies |
| Whether 21-3414(a)(2) defines alternative means | Statutory language creates alternative means | Disfigurement is a mere factual circumstance within a means | Disfigurement within great bodily harm is not an alternative means; no super-sufficiency applies |
| Unanimity instruction for count II | Multiple acts requiring unanimity should have been instructed | No true multiple acts; unified course of conduct | No unanimity instruction required; error if any was harmless |
| Cross-examination on subpoenas | Subpoena noncompliance credibility is relevant | Not material; credibility is unaffected | Exclusion was harmless; error not outcome-determinative |
Key Cases Cited
- McCracken v. Kohl, 286 Kan. 1114 (2008) (statutory immunity burden not clearly addressed by statute)
- People v. Guenther, 740 P.2d 971 (Colo. 1987) (immunity due to home-entry use of force; defendant bears pretrial burden)
- Peterson v. State, 983 So.2d 27 (Fla. Dist. Ct. App. 2008) (pretrial immunity burden and dismissal mechanics under Florida statute)
- Dennis v. State, 51 So.3d 456 (Fla. 2010) (pretrial immunity ruling deemed harmless error under Florida standard)
- Rodgers v. Com., 285 S.W.3d 740 (Ky. 2009) (probable cause remains standard; immunity procedure varies by statute)
- State v. Wright, 290 Kan. 194 (2010) (alternative means/super-sufficiency framework for Kansan cases)
- State v. Timley, 255 Kan. 286 (1994) (unanimity rule for alternative means in longer-standing precedent)