State v. Lucas, 60939
| Decision Date | 20 January 1989 |
| Docket Number | No. 60939,60939 |
| Citation | 244 Kan. 193,767 P.2d 1308 |
| Parties | STATE of Kansas, Appellee, v. Robert Lynn LUCAS, Appellant. |
| Court | Kansas Supreme Court |
OPINION ON REHEARING
In our original opinion, 243 Kan. 462, 759 P.2d 90 (1988) defendant's conviction of the child abuse of Shannon Woodside was affirmed, and his convictions of felony murder and child abuse of Shaina Woodside were reversed and the case was remanded for further proceedings. Subsequently, the State filed a motion for rehearing. The motion was granted on August 26, 1988.
The case was reargued on December 8, 1988. After due consideration, we affirm our original opinion.
I reassert my dissent to the original opinion.
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19 cases
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Cook v. State
...yet applies merger to determine existence of the felony murder. State v. Lucas, 243 Kan. 462, 759 P.2d 90 (1988), aff'd 244 Kan. 193, 767 P.2d 1308 (1989); State v. Prouse, 244 Kan. 292, 767 P.2d 1308 (1989) compared to State v. Bailey, 247 Kan. 330, 799 P.2d 977 (1990), cert. denied 500 U.......
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State v. Ferguson, 68131
...State v. White, 246 Kan. 28, 37, 785 P.2d 950 (1990)." In State v. Lucas, 243 Kan. 462, 759 P.2d 90 (1988), aff'd on rehearing 244 Kan. 193, 767 P.2d 1308 (1989), the defendant was convicted of child abuse and felony murder. A videotaped interview of the defendant taken some three hours aft......
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State v. Smallwood
...taken at an autopsy in order that the evidence not be more gruesome than necessary. See State v. Prouse, 244 Kan. 292, Syl. p 1, 767 P.2d 1308 (1989). In a crime of violence which results in death, photographs which serve to illustrate the nature and extent of the wounds inflicted are admis......
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State v. Campos
...201 Cal.Rptr. 311, 678 P.2d 886, 891 (1984) (in bank); State v. Lucas, 243 Kan. 462, 759 P.2d 90, 93 (1988), aff'd on reh'g, 244 Kan. 193, 767 P.2d 1308 (1989). ¶10 However, the vast majority of homicides are predicated on an initial felonious assault or battery of some kind. For example, a......
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