State v. Ventris, 94,002.

Citation285 Kan. 595,176 P.3d 920
Decision Date01 February 2008
Docket NumberNo. 94,002.,94,002.
PartiesSTATE of Kansas, Appellee, v. Donnie Ray VENTRIS, Appellant.
CourtUnited States State Supreme Court of Kansas

Matthew J. Edge, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Linda E. DeWitt, special counsel, of Phalen, Bicknell & Markle Law Offices, of Coffeyville, argued the cause, and F. William Cullins, county attorney, and Phill Kline, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by ROSEN, J.

Donnie Ventris petitioned this court to re: view the Court of Appeals' decision affirming his convictions for aggravated robbery and aggravated burglary. Ventris asserts that the district court improperly admitted impeachment testimony from a jailhouse informant who had been surreptitiously planted in his jail cell by the State; that the district court improperly admitted evidence in violation of K.S.A. 60-455; and that his sentence should be reversed because the determination of his criminal history was not proven to a jury beyond a reasonable doubt.

The following facts are taken from the Court of Appeals' decision:

"Sometime in the last part of 2003, Ventris met and began living with Rhonda Theel in a romantic relationship. At some point, Theel learned from another friend, Kim Eytcheson, about the victim hi this case, Ernest Hicks. She heard that Hicks was abusing the children of his live-in girlfriend, Helen Cargile. She also heard that Hicks was wealthy and carried $500 to $600 on his person. Eytcheson was also a friend of Cargile.

"On January 6, 2004, and into the early morning hours of January 7, 2004, Theel and Ventris were using methamphetamine and marijuana at their home. Neither had slept for a couple of days. At approximately ,6 a.m., Theel suggested to Ventris that they go to Hicks' residence so she could talk to Hicks about the alleged child abuse. Theel called Eytcheson to find out when Cargile's children left for school. Theel also called another friend, Martha Denton, and asked Denton to meet her and Ventris at `Pump Station Road.' Theel wanted Denton to give her and Ventris a ride to Hicks' residence, because she thought it would be best not to drive Ventris' car all the way to Hicks' house.

"Denton did not know why Theel wanted to meet her at Pump Station Road. Nevertheless, she proceeded to the meeting place with her boyfriend, Keith Holt. By this time, Ventris and Theel had arrived at the meeting place in Ventris' truck and began watching Hicks' residence, waiting for Cargile to leave with her children. When Denton and Holt arrived, Theel asked Holt to take her and Ventris to Hicks' residence and told Denton to take Ventris' truck with her. Denton and Holt complied.

"Theel gave Holt directions to Hicks' residence. She also told him that she and Ventris were going there so a guy could show them a dog. As they arrived at Hicks' residence, Theel noted that Hicks' truck was in the driveway and told Holt to drive past the house, turn around, head back towards the residence, and turn into the driveway next to Hicks' truck. Ventris `never said a word.'

"After Holt pulled into the driveway, Theel exited the vehicle and told Ventris to wait while she went to the door and knocked. Theel had also told Holt he could leave, because the guy living at the house was supposed to give her and Ventris a ride back. According to Holt's trial testimony, Ventris waited behind a black pickup while Theel knocked on the door. As Holt pulled out of the driveway, he saw Ventris pull a ski mask down over his face, but Holt could not tell whether the ski mask left Ventris' face open or covered everything but his eyes. The outside temperature was 5 to 10 degrees that morning.

"While Theel and Ventris were inside Hicks' residence, one' or both of them shot and killed Hicks with a .38 revolver, took his wallet containing approximately $300, and a cell phone. Theel drove herself and Ventris in Hicks' truck to a secluded spot in Oklahoma where she sprayed the truck with cleaner to get rid of any fingerprints. The two of them then walked to a convenience store. On the way, Theel tried unsuccessfully to disassemble the murder weapon. One of them disposed of the gun in a culvert.

"At the convenience store, Theel called Denton and asked her for a ride home. Denton and Holt eventually picked Theel and Ventris up at the store and took them back to their home in Kansas. Sometime later, Denton and Holt contacted the police after developing a suspicion that Theel and Ventris had something to do with Hicks' murder. Police arrested both Theel and Ventris and charged them each with several crimes.

"Theel entered into a plea bargain in exchange for her testimony against Ventris. Specifically, she pled guilty to aggravated robbery and aiding a felon. The State tried Ventris before a jury on charges of felony murder, aggravated robbery, aggravated burglary, felony theft, and misdemeanor theft. Theel, Ventris, and a former cellmate of Ventris' all testified at trial. Both Ventris and Theel denied taking a gun to Hicks' residence, and they both claimed the reason for going to the residence was for Theel to talk to Hicks about the alleged child abuse. However, 'each related a different version of the events that occurred after arriving at Hicks' residence.

"Highly summarized, Theel testified as follows. As she was waiting for Hicks to come to the door, she saw a frightened look on Hicks' face and then Ventris quickly passed her and entered the house. She then entered and almost immediately saw Hicks on the floor and Ventris standing over him. She heard them arguing. She then saw that Ventris had a .38 revolver and heard him ask Hicks about money. She attempted to stop the two from arguing by dousing them with a cleaner she retrieved from the kitchen and by also hitting Hicks with a stick. Hicks produced a wallet and Ventris said, `All this for 40 or 50 dollars?' The two men walked to the bedroom after Hicks said he had more money there. Theel then heard two shots and saw Ventris come out of the bedroom. She claimed Ventris said, `I have to shoot him again,' to which she responded, `Okay.' According to her testimony, she then left the house and at some point heard a third shot. Ventris then came out of the house and threw Hicks' truck keys to her. She used the keys to gain access to Hicks' truck and drove herself and Ventris away from the scene.

"Ventris, as one might anticipate, offered a different version as follows. He testified that he only went with Theel on the day in question to `shut her up' since she had been talking for days about Hicks committing child abuse. He denied hearing about Hicks and his money. He also denied taking a gun with him and did not know if Theel had one. He denied knowing that Theel had called Denton to arrange a ride, but he admitted going to the meeting place where they met Denton and Holt. There he and Theel entered. Holt's car and traveled to Hicks' house. Once there, Hicks became agitated with Theel over her accusations of child abuse. A scuffle ensued between himself and Hicks, and Theel threw a liquid in Hicks' face and hit him with a stick. Theel then pulled out a gun and asked Hicks for his wallet. Ventris asked her what she was doing, and she replied that he should mind his own business. Hicks said his wallet was in the bedroom, and she told him to go get it. Theel and Hicks went into the bedroom, and Theel shot him. Ventris started to leave and then heard two more shots. He denied taking anything with him when he left. He got into the truck with Theel only after she said she would take him to his truck. Nevertheless, they continued on to a gas station where he purchased gas with money Theel gave him.

"As stated earlier, the State also offered at trial the testimony of Johnnie Doser, Ventris' former cellmate, as a rebuttal witness. Prior to trial, the State recruited Doser to share a cell with Ventris and to `keep [his] ear open and listen' for incriminating statements. According to Doser, Ventris told him that he and his girlfriend `went to rob somebody and that it went sour.' Ventris allegedly said he shot a guy in the head and chest and took his keys, his wallet, about $350, and a vehicle. In exchange for Doser's testimony, the State released him from probation. Ventris objected to the testimony, claiming the State had obtained the statements in violation of his Sixth Amendment right to counsel. The State conceded the Sixth Amendment violation but argued the testimony could be used for impeachment purposes. The trial court allowed Doser to testify.

"Prior to closing arguments, the trial court instructed the jury to `consider with caution' the testimony of both Doser and Theel. The jury deliberated for approximately 2 hours and acquitted Ventris of felony murder and misdemeanor theft. However, the jury found him guilty of aggravated burglary and aggravated robbery. The court had previously dismissed the felony theft charge due to a lack of evidence. Later, the court sentenced Yentris to 247 months for aggravated robbery and 34 months for aggravated burglary." Slip op at 3-8, State v. Ventris, No. 94,002, unpublished opinion filed September 15, 2006, 142 P.3d 338, 2006 WL 2661161, **1-3.

The Court of Appeals affirmed Ventris' convictions and sentences. Ventris, slip op. at 17, 2006 WL 2661161, *7. Ventris petitioned this court to review the Court of Appeals' decision, and we granted his petition.

For his first issue, Ventris claims that the district court erroneously admitted testimony from his former cellmate, who had been surreptitiously placed in Ventris' jail cell to obtain incriminating statements. Ventris claims that his former cellmate's testimony violated his Sixth Amendment right to counsel.

When an appellate court reviews the District court's decision regarding the suppression of evidence, it gives deference to the trial court's factual findings...

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9 cases
  • State v. Jones
    • United States
    • Kansas Court of Appeals
    • 23 de janeiro de 2009
    ...it can be declared beyond a reasonable doubt to have had little, if any, likelihood of changing the trial's outcome. State v. Ventris, 285 Kan. 595, 608, 176 P.3d 920 (2008). Our own independent review of the record convinces us beyond a reasonable doubt that the denial of Jones' right to s......
  • Kansas v. Ventris
    • United States
    • U.S. Supreme Court
    • 29 de abril de 2009
    ...e.g.,Oregon v. Hass, 420 U.S. 714, 723, 95 S.Ct. 1215, 43 L.Ed.2d 570 .No distinction here alters that balance. Pp. 1846 – 1847. 285 Kan. 595, 176 P.3d 920, reversed and remanded. SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C.J., and KENNEDY, SOUTER, THOMAS, BREYER, an......
  • Ventris v. Kansas, 11-3013-SAC
    • United States
    • U.S. District Court — District of Kansas
    • 16 de outubro de 2012
    ...But the Kansas Supreme Court reversed, holding that the use of the informant's testimony for any reason was unconstitutional. State v. Ventris, 285 Kan. 595 (2008). The United States Supreme Court ultimately held that the use of the informant's testimony for purposes of impeachment was prop......
  • Boydston v. Schnurr
    • United States
    • Kansas Court of Appeals
    • 7 de junho de 2013
    ...to clean up debris around the light pursuant to a work directive on June 14, 2012. Any error was harmless. See State v. Ventris, 285 Kan. 595, 608, 176 P.3d 920 (2008), rev'd on other grounds Kansas v. Ventris, 556 U.S. 586, 129 S.Ct. 1841, 173 L.Ed.2d 801 (2009). The question before us whe......
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2 books & journal articles
  • "REMARKABLE INFLUENCE": THE UNEXPECTED IMPORTANCE OF JUSTICE SCALIA'S DECEPTIVELY UNANIMOUS AND CONTESTED MAJORITY OPINIONS.
    • United States
    • Journal of Appellate Practice and Process Vol. 20 No. 2, September 2019
    • 22 de setembro de 2020
    ...See, e.g., Oregon v. Hass, 420 U.S. 714, 723, 95 S. Ct. 1215, 43 L. Ed. 2d 570. No distinction here alters that balance. Pp. 593-594. 285 Kan. 595, 176 P. 3d 920, reversed and JUDGES: Scalia, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Souter, Thomas, Breyer......
  • Appellate Decisions
    • United States
    • Kansas Bar Association KBA Bar Journal No. 78-8, September 2009
    • Invalid date
    ...violation of right to counsel in trial court's admission for impeachment purposes of incriminating statements by jailhouse informant. 285 Kan. 595 (2008). U.S. Supreme Court reversed and remanded. __ U.S. __, 173 L. Ed. 2d 801, 129 S. Ct. 1841 (2009). On remand, judgment reversing Ventris' ......

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