Under K.S.A. 2018 Supp. 22-3402(b), a defendant is not
subject to prosecution if the defendant is not brought to
trial within 180 days after arraignment unless the delay
happens as a result of the application or fault of the
Under judicially created safeguards for the rights of
defendants applicable when the State seeks to introduce
evidence of other bad acts, a district court must weigh the
probative value of such evidence against the danger of unfair
prejudice from it.
of the judgment of the Court of Appeals in an unpublished
opinion filed October 21, 2016.
from Sedgwick District Court; Benjamin L. Burgess, judge.
Corrine E. Gunning, of Kansas Appellate Defender Office,
argued the cause and was on the briefs for appellant, and
Murad Razzaq, appellant, was on a supplemental brief pro se.
J. Maloney, assistant district attorney, argued the cause,
and Marc Bennett, district attorney, and Derek Schmidt,
attorney general, were with him on the briefs for appellee.
Razzaq challenges his conviction and sentence for one count
of aggravated indecent liberties with a child. Finding no
error, we affirm. This case presents issues in common with
State v. Boysaw, 309 Kan.__, __ P.3d (No. 112, 834,
this day decided), slip op. at 9: whether K.S.A. 2018 Supp.
60-455(d) constitutionally allows evidence showing the
propensity of a defendant to commit crimes of a sexual
2005, Razzaq was convicted and sentenced in Missouri for one
felony count of statutory sodomy and one misdemeanor count of
child molestation. The victims were two girls under the age
of 12. While still subject to the jurisdiction of the
Missouri Department of Corrections, he spent time with his
mother in Derby, Kansas.
around 2 in the morning of May 27, 2011, the night before
B.D.'s 15th birthday, B.D.'s mother noticed that her
daughter was not in the girl's bedroom. The mother woke
up her husband, T.D., and the two discovered that a window in
B.D.'s bedroom was unlocked.
parents started to call B.D.'s friends, including Murad
Razzaq's brother, and eventually learned of a couple of
addresses where she might be found. By early afternoon, the
parents had checked out one of the addresses, located in a
mobile home park, but it turned out to be incorrect. They
called 911 and reported that their daughter was missing but
that they were proceeding to an address where they thought
they would find her and wanted police assistance. They then
drove to that address, where they found the front door ajar
and saw B.D. standing in the living room. Razzaq, who was 27
years old at the time, was sitting on a couch, and two other
men were sitting across from them. The father directed the
mother to escort B.D. out to the car. The mother returned to
the house, where her husband asked Razzaq if there had been
sexual contact between Razzaq and B.D. Razzaq said,
"Yes, I've had sexual relations with your
police subsequently arrived and, after talking with different
people at the scene, took Razzaq into custody. Initially
reluctant to speak with detectives about whether sexual
intercourse had occurred-saying that it was "none of
their business"- B.D. eventually confirmed that she and
Razzaq had engaged in sexual relations. Razzaq was taken to a
local hospital, where, pursuant to a search warrant,
clothing, swabs, and hair samples were collected from him.