Summary
The Kansas Supreme Court affirmed Todd Schumacher’s convictions for first-degree premeditated murder and endangering a child. The court held that sufficient evidence supported premeditation and child endangerment and that prosecutorial misconduct during rebuttal closing argument did not warrant a new trial.
Holdings
- The evidence was sufficient for a rational factfinder to conclude beyond a reasonable doubt that Schumacher premeditated Ann's killing.
- The evidence was sufficient to prove that Schumacher intentionally and unreasonably placed M.S. in a situation in which there was more than a faint or remote possibility that her life, body, or health would be injured or endangered.
- The prosecutor did not commit misconduct by asking the jury to compare the sound of the gun being cocked in open court with a clicking sound on the recording.
- The prosecutor committed misconduct by twice asking the jury for justice for Ann, but the misconduct was not sufficiently prejudicial to require reversal.
Questions Presented
- Whether sufficient evidence supported Schumacher's conviction for first-degree premeditated murder.
- Whether sufficient evidence supported Schumacher's conviction for endangering a child.
- Whether the prosecutor committed misconduct by demonstrating the sound of cocking the gun and asking the jury to compare it with a sound on the recording.
- Whether the prosecutor committed reversible misconduct by twice asking the jury for justice for the victim.
Disposition
affirmed
Cases Cited (20)
- State v. McCaslin, 291 Kan. 697, 710, 245 P.3d 1030 (2011)(followed)
- State v. Qualls, 297 Kan. 61, 66-67, 298 P.3d 311 (2013)(followed)
- State v. Hall, 292 Kan. 841, 859, 257 P.3d 272 (2011)(followed)
- State v. Cook, 286 Kan. 1098, 1102, 191 P.3d 294 (2008)(followed)
- State v. Pabst, 268 Kan. 501, 513, 996 P.2d 321 (2000)(followed)
- State v. Daniels, 278 Kan. 53, 72-73, 91 P.3d 1147, cert. denied, 543 U.S. 982 (2004)(followed)
- State v. Cummings, 297 Kan. 716, 731, 305 P.3d 556 (2013)(followed)
- State v. Rojas-Marceleno, 295 Kan. 525, 539, 285 P.3d 361 (2012)(followed)
- State v. Ward, 292 Kan. 541, 550, 256 P.3d 801 (2011), cert. denied, 132 S. Ct. 1594 (2012)(followed)
- State v. Brown, 295 Kan. 181, 210, 284 P.3d 977 (2012)(followed)
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Court Document
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