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State v. Razzaq

Supreme Court of Kansas

April 19, 2019

State of Kansas, Appellee,
v.
Murad Razzaq, Appellant.

         SYLLABUS

         1. 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 defendant.

         2. 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.

          Review of the judgment of the Court of Appeals in an unpublished opinion filed October 21, 2016.

          Appeal 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.

          Matt 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.

          OPINION

          ROSEN, J.

         Murad 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 nature.

         Facts

         In 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.

         At 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.

         The 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 daughter."

         The 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. ...


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