Supreme Court of Kansas

State v. Waldschmidt

April 12, 2024

Summary

The court affirmed Waldschmidt's convictions for aiding and abetting felony murder and interference with a law enforcement officer. 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 were harmless beyond a reasonable doubt. The court also held that excluding a question about Waldschmidt's intent did not violate her right to present a defense because she gave equivalent testimony elsewhere, and it held that unpreserved instructional issues that are not clearly erroneous cannot be included in cumulative-error review.