State v. Walker, 283 Kan. 587

Summary

The Kansas Supreme Court affirmed Michael D. Walker’s convictions for first-degree felony murder and criminal discharge of a firearm at an occupied dwelling. The court held that Walker’s pre-counsel statement was voluntary and admissible, while evidence related to the vehicle was not subject to suppression as fruit of a Miranda violation because it was discoverable through independent or inevitable lawful investigation. The court also rejected Walker’s arguments concerning judicial reassignment, cumulative punishment, juvenile adjudications in criminal-history scoring, sentencing illegality, and judicial vindictiveness.

Holdings

1. The admission made before Walker invoked his right to counsel was voluntary under the totality of the circumstances and was properly admitted.
2. The vehicle evidence was admissible because the prosecution proved by a preponderance of the evidence that it would have been discovered independently or inevitably through lawful investigation.
3. The denial of Walker's motion to change judge did not violate his right to a fair trial or due process because he failed to establish either a duty to recuse or actual bias or prejudice.
4. Cumulative convictions and sentences for felony murder and criminal discharge of a firearm at an occupied dwelling did not violate the Double Jeopardy Clauses because Kansas law authorized cumulative punishment for the two offenses.
5. Including Walker's prior juvenile adjudications in his criminal-history score did not violate his constitutional rights under Apprendi.
6. The 79-month sentence for criminal discharge of a firearm was legal, presumptive, and not the product of judicial vindictiveness.

Questions Presented

1. Whether Walker's pre-request confession was involuntary under the totality of the circumstances.
2. Whether evidence relating to the vehicle was inadmissible as fruit of statements obtained after Walker invoked his right to counsel.
3. Whether the trial judge was required to recuse himself or be replaced under K.S.A. 2006 Supp. 20-311d.
4. Whether cumulative convictions and sentences for felony murder and criminal discharge of a firearm at an occupied dwelling violated double jeopardy.
5. Whether use of Walker's juvenile adjudications in calculating his criminal-history score violated constitutional principles under Apprendi.
6. Whether Walker's 79-month sentence for criminal discharge of a firearm was illegal or demonstrated judicial vindictiveness after resentencing.

Disposition

affirmed