State v. Washington, 268 P.3d 475

Washington, age 17, charged with first-degree felony murder and attempted aggravated robbery; State moves for adult prosecution and preliminary examination.
District court grants adult-prosecution motion and binds over for arraignment; evidence deemed to show probable cause.
First trial ends in mistrial; second trial results in guilty verdict on both counts; sentenced to life without parole for 20 years for felony murder and 32 months for attempted robbery, concurrent.
Accomplices Toliver, Edwards, and Cooks testified at the preliminary hearing about planning and execution of the robbery and the killing.
Key trial and pretrial issues: (a) sufficiency of preliminary hearing evidence to bind over; (b) Allen-type jury instruction given before deliberations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there probable cause to bind over for trial on attempted aggravated robbery and felony murder?	Washington contends insufficient prehearing evidence to prove probable cause.	Washington argues the evidence failed to show taking, weapon, intent, or causal link to murder.	Yes; de novo review shows sufficient probable cause for both crimes.
Was the Allen-type instruction clearly erroneous affecting the verdict?	Washington asserts the instruction biased deliberations and was error.	Washington did not object; any error would be reversible only if clearly erroneous.	Not clearly erroneous; no reasonable probability the verdict would differ absent the instruction.

State v. Valladarez, 288 Kan. 671 (2009) (probable cause standard at preliminary examination)
State v. Sherry, 233 Kan. 920 (1983) (probable cause threshold; standard for preliminary hearing)
State v. Berg, 270 Kan. 237 (2000) (probable cause standard; favorable inferences for prosecution)
State v. Puckett, 240 Kan. 393 (1986) (probable cause standard; preparation vs. completion distinction)
State v. Calvin, 279 Kan. 193 (2005) (felony murder can attach to attempted underlying felony; overt acts sufficiency)
State v. Ransom, 288 Kan. 697 (2009) (felony murder liability where homicide results from inherently dangerous felony)
State v. Salts, 288 Kan. 263 (2009) (Allen-type instruction error analyzed under clearly erroneous standard)
State v. Nguyen, 285 Kan. 418 (2007) (pre-deliberation Allen instruction analysis; reasonable objection standard)
State v. Duong, 292 Kan. 824 (2011) (Allen instruction analysis; harm standard)
State v. Brown, 291 Kan. 646 (2011) (harmful impact of Allen-type instruction; deference to prior rulings)
State v. Colston, 290 Kan. 952 (2010) (Allen instruction precedents and error review)
State v. Ellmaker, 289 Kan. 1132 (2009) (Allen-type instruction and harmless error considerations)