Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Robinson

Supreme Court of Kansas

July 10, 2018

State of Kansas, Appellee,
v.
Archie L. Robinson, Appellant.

          SYLLABUS

         1. If the State charges felony murder in a case in which several individuals commit the inherently dangerous felony, it is irrelevant which individual shot the victim. All participants in an underlying felony are principals to felony murder when a death occurs during the commission of, attempt to commit, or flight from any inherently dangerous felony. As a result, the State does not have to prove who committed the act that resulted in a death-e.g., fired the gun or struck the lethal blow.

         2. By operation of the felony-murder statute, a complaint or information stating a defendant killed a victim during the commission of an inherently dangerous felony does not necessarily charge that a defendant personally committed the act that resulted in a death.

          3. The trial court does not improperly broaden a charge when it instructs the jury on the elements of felony murder by stating the defendant or another killed the victim even though the complaint or information stated the defendant killed the victim. The law considers all who commit an inherently dangerous felony to be a killer if the fatal blow occurs during the commission of, attempt to commit, or flight from any inherently dangerous felony, and the instruction informs the jury a defendant may be guilty whether the defendant or another committed the fatal act.

          Appeal from Douglas District Court; Paula B. Martin, judge. Opinion filed June 29, 2018. Affirmed.

          Meryl Carver-Allmond, of Capital Appellate Defender Office, argued the cause and was on the brief for appellant.

          Kate Duncan Butler, assistant district attorney, argued the cause, and Charles E. Branson, district attorney, and Derek Schmidt, attorney general, were with her on the brief for appellee.

          CORRECTED OPINION

          Luckert, J.

         Archie Robinson appeals his conviction for felony murder. He argues three different grounds for reversal: (1) Insufficient evidence supports his conviction because the State charged him as the killer, but the trial evidence established his cousin fired the fatal shot; (2) the felony-murder instruction impermissibly broadened the information filed by the State against him; and (3) the felony-murder elements instruction did not conform to the evidence presented at trial. We reject Robinson's arguments and affirm.

          Facts and Procedural Background

         In the early morning hours of March 8, 2014, Cousins Dustin Walker and Archie Robinson broke into Marilyn Howard's residence, where she lived with two sons and a grandson. One of her sons, Patrick Roberts, sold marijuana from his bedroom, and the cousins went directly to his room once inside the residence. According to the testimony of the surviving residents, one of the cousins demanded, "Where is it?" Roberts responded, "I don't know what you are talking about." One of the cousins then shot Roberts, who died from his wounds. Roberts' brother struggled with the shooter before the gun went off a second time. Evidence at trial pointed to Walker as the shooter.

         During the altercation, Howard called 911. The first law enforcement officer arrived at the apartment a little after 3 a.m., by which time both Robinson and his cousin had fled. Roberts' brother and son told the officer the shooter wore a black shirt and the second man wore light clothes. Shortly after, officers began searching the area and found Walker and Robinson, who had separated, Walker wore a black jacket and jeans, and Robinson wore a cream-colored shirt and khaki pants.

         Additional evidence introduced at trial implicated Robinson and Walker. Surveillance video from a nearby gas station showed the two men around 2:45 a.m., minutes before the shooting. Both men wore the same clothes at the time of their arrests. Stains on Robinson's pants and shirt matched Roberts' blood. Robinson was not wearing shoes when arrested, but officers found a size 9 shoe at the crime scene that did not belong to the residents. An officer found a matching shoe, stained with blood that matched Roberts', on the grounds of a nearby apartment complex. Robinson requested size 9 jail footwear during his police interview. The gun, which the intruders left at the scene, belonged to the mother of Walker's children. Finally, at trial, the mother of Robinson's children testified she asked Robinson why he did it and he said he "was being greedy and he said he fucked up."

         The jury convicted Robinson of both charges-aggravated burglary and felony murder. The court sentenced Robinson to a controlling hard 20 life sentence. Robinson appeals. This court has ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.