State v. Schumacher

298 Kan. 1059 (2014) · Supreme Court of Kansas · March 7, 2014

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

  1. The evidence was sufficient for a rational factfinder to conclude beyond a reasonable doubt that Schumacher premeditated Ann's killing.
  2. 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.
  3. 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.
  4. 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

  1. Whether sufficient evidence supported Schumacher's conviction for first-degree premeditated murder.
  2. Whether sufficient evidence supported Schumacher's conviction for endangering a child.
  3. 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.
  4. 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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Cited In (0)

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