State v. Gilbert, 272 Kan. 209

Summary

The Kansas Supreme Court affirmed Terry Lee Gilbert's convictions for first-degree felony murder, aggravated robbery, aggravated burglary, and criminal damage to property. The court rejected challenges concerning invocation and waiver of the right to counsel, cross-examination regarding the victim's reputation, access to admitted exhibits, and the failure to instruct on lesser included offenses.

Holdings

1. The suppression issue was not properly preserved because Gilbert did not timely and specifically object when most of the statements were admitted at trial; in any event, the statements were properly admitted because Gilbert volunteered information, later knowingly waived his Miranda rights, and the trial court found his claim of impairment not credible.
2. The trial court acted within its discretion in refusing to permit Gilbert to place the victim's reputation for dishonesty at issue.
3. The failure to provide Gilbert with copies of photographs and a photocopy admitted into evidence did not warrant a mistrial or reversal because the exhibits were available for defense examination and Gilbert failed to demonstrate prejudice.
4. The trial court was not required to give lesser included offense instructions because the evidence of the underlying aggravated burglary and aggravated robbery was strong, convincing, and not weak, inconclusive, or conflicting.

Questions Presented

1. Whether Gilbert's statements should have been suppressed because police failed to honor his asserted request for counsel.
2. Whether the trial court improperly restricted cross-examination concerning the victim's reputation for dishonesty.
3. Whether the State's failure to provide copies of photographs and a photocopy admitted into evidence required a mistrial or otherwise constituted prejudicial error.
4. Whether the trial court was required to instruct the jury on lesser included offenses of felony murder.

Disposition

affirmed