BY THE COURT
purpose of a cautionary instruction on informant testimony is
to make the jury aware of possible bias on the part of the
requested jury instruction must be supported by sufficient
evidence, viewed in the light most favorable to the party
requesting the instruction.
there can be no guarantee of witness candor and credibility,
the principal means of attacking shaky but admissible
evidence are vigorous cross-examination, presentation of
contrary evidence, and careful instruction on the burden of
order to establish the right to a new trial based upon newly
discovered evidence, a criminal defendant must establish: (1)
that the newly proffered evidence could not have been
produced at trial with reasonable diligence; and (2) that the
newly discovered evidence is of such materiality that it
would be likely to produce a different result upon retrial.
determining whether new evidence is material, the trial judge
must assess the credibility of the newly proffered evidence,
and the appellate court will not reassess the district
judge's determination of credibility from such a hearing.
evidence is properly presented and meets the requirements of
K.S.A. 60-455-the fact to be proved is material; the material
fact is disputed; the evidence is relevant to prove the
disputed material fact; and the evidence's probative
value outweighs its potential undue prejudice-then the trial
court must give a limiting instruction informing the jury of
the purpose for admitting the evidence.
from Johnson District Court; Thomas Kelly Ryan, judge.
Ellen Johnson, of Capital Appellate Defender Office, argued
the cause and was on the brief for appellant.
M. Gontesky, assistant district attorney, argued the cause,
and Stephen M. Howe, district attorney, and Derek Schmidt,
attorney general, were with him on the brief for appellee.
J. Ashley, Jr., appeals from his conviction of one count of
first-degree felony murder and one count of attempted
aggravated robbery. Finding no error in the proceedings
below, we affirm.
night of May 12, 2010, Gerry Grovenburg was found dead behind
the counter of Mr. G's, the liquor store that he owned,
the victim of a single gunshot wound to his chest. Based on
sales transactions and the arrival of a customer at the
store, investigators placed the time of death between 9:58
p.m. and 10:20 p.m. A .40 caliber Smith & Wesson
cartridge case was recovered from the scene. Two dogs were
used independently in an attempt to find a scent trail of
anyone who had recently left the store. One dog led his
handler north from the store to a parking lot where the trail
a month later, on June 4, 2010, Kansas City, Missouri, police
responded to a shooting at 40th and Highland. Investigators
recovered blood samples and numerous shell casings up and
down the street of Highland. They noticed three houses with
bullet holes and bullet impacts. Defendant Bruce Ashley's
DNA was later identified in blood stains on the road, on a
shell casing from a 9mm Luger, and on a .40 caliber Smith
& Wesson shell casing found at the scene.
same day, a police detective with the Kansas City, Kansas,
Police Department responded to a report from a local hospital
regarding the arrival of a walk-in shooting victim. In the
parking lot, the detective found a gray Kia, which was later
determined to belong to Tiffany Bell, Ashley's girlfriend
at the time. The passenger seat was stained with blood, and a
shell casing was found between the ...