State v. Carter, 278 Kan. 74

Summary

The Supreme Court of Kansas affirmed Jerome G. Carter's convictions for first-degree felony murder, aggravated robbery, and criminal possession of a firearm. The court held that prior eyewitness identifications were properly admitted because the witness was available for cross-examination, and it rejected claims of prosecutorial misconduct and insufficient evidence. The court also upheld the use of Carter's juvenile adjudications in calculating his criminal history score under Apprendi and State v. Hitt.

Holdings

1. The district court properly admitted portions of Horn's prior sworn testimony and identifications because Horn selectively remembered details, remained present and available for cross-examination at the second trial, and had an opportunity to explain or deny the prior statements.
2. The prosecutor did not commit reversible misconduct by arguing that Horn's changed testimony could be explained by his new family responsibilities or by repeating Smith's testimony about Carter's statement.
3. The evidence was sufficient to support Carter's convictions for first-degree felony murder, aggravated robbery, and criminal possession of a firearm.
4. Considering Carter's juvenile adjudications in calculating his criminal-history score did not violate Apprendi.

Questions Presented

1. Whether the district court properly admitted portions of eyewitness Cavelle Horn's testimony, including prior identifications of Carter, from the preliminary hearing and first trial.
2. Whether the prosecutor committed reversible misconduct during closing argument by commenting on Horn's changed testimony and Smith's interpretation of Carter's statement.
3. Whether sufficient evidence supported Carter's convictions.
4. Whether considering Carter's juvenile adjudications in calculating his criminal-history score violated Apprendi v. New Jersey.

Disposition

affirmed