State v. Wade
287 P.3d 237
| Kan. | 2012Background
- Wade killed his former girlfriend Kellye Juul on June 19, 2004; the case had a prior reversal and retrial, resulting in a conviction for premeditated first-degree murder and aggravated burglary.
- The defense sought a voluntary manslaughter instruction based on a sudden quarrel/heat of passion theory; the court denied it.
- During deliberations, the jury asked about premeditation; the court referred them to Instruction 19 without isolating a specific phrase.
- The trial court sentenced Wade to a hard 25-life term for murder and 55 months for burglary, and ordered BIDS attorney fees.
- Wade appealed asserting errors in the jury instruction response, the denial of the lesser-included offense instruction, the use of prior convictions for sentencing, and the BIDS fee order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury question on premeditation instruction | Wade argues the answer to the question was wrong | State argues deference to proper legal instruction back to the text | Abuse of discretion not shown; correct law conveyed via reference to Instruction 19 |
| Lesser included offense on voluntary manslaughter | Wade contends evidence supported sudden quarrel/heat of passion | State argues no sufficient provocation or impulse evidence | No reversible error; evidence did not support heat of passion/sudden quarrel as to sustain instruction |
| Use of prior convictions to enhance sentencing | Constitutional rights violated because prior convictions not proven beyond reasonable doubt | Longstanding rule supports enhancement without jury beyond-doubt proof | Affirmed; issue foreclosed by settled law, but BIDS fees vacated for lack of proper findings |
| BIDS attorney fees reimbursement | District court failed to weigh Wade's financial resources and burden on payment | Robinson requirements apply but were not satisfied here | Vacated and remanded to make explicit findings on Wade's financial resources and payment burden |
Key Cases Cited
- State v. Murdock, 286 Kan. 661 (2008) (juror instruction review framework guidance)
- State v. Ward, 292 Kan. 541 (2011) (abuse of discretion standard for legal/ factual bases)
- State v. Plummer, 295 Kan. 156 (2012) (multi-step standard for instruction issues; harmless error analysis)
- State v. Robinson, 281 Kan. 538 (2006) (Robinson findings required for BIDS fee orders)
- State v. Richardson, 290 Kan. 176 (2010) (financial resources/burden in BIDS fee assessments)