Supreme Court of Kansas
State v. Waldschmidt
April 12, 2024546 P.3d 716
Summary
The court affirmed Waldschmidt's convictions for aiding and abetting felony murder and interference with law enforcement. It held that the aggravated assault and aggravated battery predicates were sufficiently distinct from the killing, the omitted use-of-force instructions were not clearly erroneous, and two prosecutorial errors did not prejudice her beyond a reasonable doubt. The court also held that excluding a particular intent question did not violate her right to present a defense because she gave equivalent testimony elsewhere, and that an unpreserved instructional issue that is not clearly erroneous cannot be considered in cumulative-error review.