State v. Jones

Summary

Kamaronte D. Jones appealed his Kansas convictions for first-degree murder and criminal possession of a firearm arising from a gang-related shooting. The Kansas Supreme Court held that the district court did not err in giving a limiting instruction concerning gang evidence, and that Jones invited any alleged error regarding the eyewitness-identification instruction and the failure to give a lesser-included-offense instruction. The court affirmed the convictions.

Holdings

1. The district court did not err by giving a prophylactic limiting instruction identifying several permissible purposes for considering gang-affiliation evidence. Gang evidence is generally admissible when relevant, and it is not limited exclusively to proving bias or explaining an otherwise inexplicable motive.
2. When a party fails to object to a jury instruction, K.S.A. 22-3414(3) permits appellate review only if the instruction was clearly erroneous; the reviewing court must first determine de novo whether the instruction was erroneous and then determine whether reversal is required.
3. A defendant may not invite an instructional error by requesting an instruction and then complain of that instruction on appeal.
4. A defendant who affirmatively requests that a lesser included offense instruction not be given, even after being advised of the consequences, may not assert on appeal that the omission was error.

Questions Presented

1. Whether the district court erred by giving a limiting instruction allowing the jury to consider gang-affiliation evidence for motive, intent, relationship of the parties, identification, and explanation of otherwise inexplicable events.
2. Whether Jones could challenge on appeal an eyewitness-identification instruction that he had requested.
3. Whether Jones could challenge the failure to give a lesser included offense instruction after he and his counsel affirmatively requested that the instruction not be given.

Disposition

affirmed