State v. Wilson
289 P.3d 1082
| Kan. | 2012Background
- Wilson was convicted of premeditated first-degree murder, aggravated burglary, burglary, and criminal possession of a firearm; appeal challenges admission of a 911 recording and seven uncharged burglaries under K.S.A. 60-455; argues prosecutorial misconduct; raises multiple sentencing issues including hard 50, registration, and use of prior convictions; record includes trial testimony, DNA on cigarette butts, and uncharged burglary evidence linking to charged crimes; court reviews admissibility and sentencing decisions on appeal.
- Noel burglary and murder evidence: 911 call described husband’s body and scene; cigarette butt DNA matched Wilson; Fink burglary tied to items later found in Wilson’s home; Wilson testified denying crimes and explaining trips.
- Uncharged burglaries admitted under 60-455 to prove identity and plan; burglaries occurred in Kansas and Nebraska in March 2008; several items from victims found in Wilson’s home; Hagelgantz burglary involved cigarette smell and photo lineup identification.
- Trial court admitted 911 recording and 60-455 evidence with limiting instructions; court sua sponte halted 911 recording at probative point; court applied balancing test for prejudice and probative value.
- Sentencing: hard 50 imposed for murder with four aggravating factors; consecutive terms for burglary convictions; lifetime registration as violent offender under KORA; Apprendi/Cunningham challenges rejected; portions of challenges dismissed or resolved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of the 911 recording | Wilson—prejudicial outweighs probative | State—recording highly probative for scene, premeditation | No abuse; probative value outweighed prejudice up to stopping point. |
| Admission of seven uncharged burglaries under 60-455 | Evidence irrelevant to identity/plan due to lack of substantial similarity | Evidence sufficiently similar in pattern; probative of identity | Not abuse; evidence probative of identity and admissible with limiting instruction. |
| Prosecutor's closing remarks (Hagelgantz burglary) and burden-shifting | Comments outside evidence shift burden to Wilson | Remarks within latitude; not plain error | Not reversible error; within prosecutorial latitude. |
| Hard 50 sentencing scheme constitutionality | Apprendi/Cunningham require jury findings beyond reasonable doubt | Scheme constitutional; precedents uphold | Constitutional; Apprendi challenges rejected. |
| KORA lifetime registration and journal-entry designations | Journal entry mislabels as sex offender | Correction to violent-offender designation; alignment with statute | Journal entry correctly reflects violent-offender lifetime registration; not sex-offender error. |
Key Cases Cited
- State v. Reed, 282 Kan. 272 (2006) (911 recordings corroborating testimony and events in the moment)
- State v. Meeks, 277 Kan. 609 (2004) (911 recording used to convey scene and corroborate witnesses)
- State v. Abu-Fakher, 274 Kan. 584 (2002) (audio recording admissible as most probative for crime details)
- State v. Williams, 235 Kan. 485 (1984) (911 recording not overly prejudicial when probative of consent and scene)
- State v. Hollingsworth, 289 Kan. 1250 (2009) (framework for 60-455 materiality and balancing probative value vs prejudice)