State v. Mathis, No. 87,763.
| Decision Date | 17 March 2006 |
| Docket Number | No. 88,275.,No. 87,763. |
| Citation | 130 P.3d 14 |
| Parties | STATE of Kansas, Appellant/Cross-appellee, v. Coy MATHIS, Appellee/Cross-appellant. |
| Court | Kansas Supreme Court |
Sheryl L. Lidtke, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Phill Kline, attorney general, were with her on the briefs for appellant/cross-appellee.
James L. Daniels, of Fulcher LaSalle Brooks & Daniels, LLC, of Kansas City, Missouri, argued the cause and was on the briefs for appellee/cross-appellant.
Coy Mathis was charged with two counts of abuse of a child and one count of felony murder for the death of the child. At the conclusion of the State's evidence, the trial court dismissed one of the counts of abuse of a child finding that that charge had merged with the felony-murder charge. The State appealed that ruling on a question reserved. K.S.A.2005 Supp. 22-3602(b)(3). The State's appeal was assigned case number 87,763.
Mathis was found guilty by a jury of felony murder and not guilty of the remaining count of abuse of a child. He was sentenced to life imprisonment with no eligibility for parole for 20 years. Mathis appealed his conviction.
This court transferred Case No. 87,763 from the Court of Appeals. K.S.A. 20-3018(c). We then consolidated No. 87,763 and No. 88,275 and designated the State the appellant/cross-appellee and Mathis the appellee/cross-appellant.
In September 2003, Mathis filed a motion seeking remand to the trial court for determination of ineffective assistance of counsel, an issue raised on appeal that was not raised previously in the trial court. The court granted his motion. Evidence and arguments were heard by the trial judge in April and July 2004. The trial judge determined that Mathis had not been denied effective assistance of counsel. Each party filed a supplemental brief in this court addressing the ineffective assistance of counsel issue.
Prior to the remand hearing on ineffective assistance counsel, defendant filed an action in the district court pursuant to K.S.A. 60-1507. At the remand hearing, the trial court stated that Mathis "essentially raised the same issue" in the 60-1507 action "so we will be hearing evidence and the Court will make a ruling as to both cases." In addition to concluding that trial counsel's performance was not deficient, the trial court stated that it "denied" defendant's K.S.A. 60-1507 action. The supplemental briefs on the issue of ineffective assistance of counsel treat the issue principally as one of collateral review. Notwithstanding that, the K.S.A. 60-1507 issue will be considered here as part of the direct appeal.
The State's appeal raises the question of whether the district court erred in dismissing one count of abuse of a child as merging with the felony-murder charge.
Mathis raises five issues in his cross-appeal:
1. Whether the trial court abused its discretion in denying defendant's motion for new trial based on juror misconduct;
2. Whether the evidence was sufficient to sustain the conviction;
3. Whether the trial court abused its discretion in admitting certain evidence;
4. Whether defendant was denied effective assistance of counsel at trial; and
5. Whether defendant was denied a fair trial by cumulative errors.
On November 30, 2000, Ikesia Scruggs (Ikesia) picked up her 2-year-old son, C.S., from day care at approximately 3:50 p.m.C.S. had no apparent injuries at that time. C.S. was active, energetic, and as usual had a big appetite. Ikesia and C.S. spent the next several hours at her grandmother's before picking up Mathis at approximately 7 p.m. When C.S. was put to bed at approximately 9 p.m., he had no visible injuries and appeared fine. Mathis and Ikesia had no visitors that night and went to bed around 11 p.m.
The next morning, December 1, Ikesia got up at approximately 7:15 a.m., went into C.S.'s room, changed his diaper, and turned on the television in C.S.'s room. C.S. stayed in bed. When Ikesia was ready to go to work, C.S. was still in bed. C.S. had had a cold for approximately a week, but, according to Ikesia, C.S. was his "normal energetic self." When Ikesia went to work, rather than taking C.S. to day care, she left C.S. home with Mathis.
Ikesia worked with a partner cleaning houses in Kansas City and Leavenworth from approximately 8:15 a.m. to 3:50 p.m. on December 1. When she arrived home about 4 p.m., Mathis was lying on the sofa watching television. Ikesia did not see C.S., but thought he was in his bedroom where he stayed when Mathis watched him. Mathis told her that C.S. had been acting like a sissy all day.
Mathis requested Ikesia to go out and purchase some marijuana for him. She did. Ikesia also bought gas and cashed her check prior to returning to her apartment.
When she returned at approximately 5 p.m., Mathis was in the shower. Ikesia looked in on C.S.C.S. was limp, and his eyes were rolling. Ikesia observed numerous red dots on C.S.'s belly that had not been there that morning. Ikesia drove C.S. to the hospital.
C.S. was admitted to the emergency room at Providence Medical Center at 5:32 p.m.C.S.'s breathing was very slow and labored, and he barely had a pulse. C.S. was cyanotic, unresponsive to stimuli, and within minutes suffered a full cardiopulmonary arrest. It took approximately 22 minutes of resuscitation to restore C.S.'s heartbeat and blood pressure. C.S. had bruising on his face, chest wall, abdomen, and back. The bruises did not occur where CPR was performed.
C.S. was transferred to Children's Mercy Hospital just prior to 8 p.m. on December 1. The admitting doctor noted a significant amount of bruising, including circular bruises on C.S.'s lower chest and upper belly that were not the result of resuscitation. A CT scan performed that night indicated an injury to C.S.'s liver, spleen, and kidney. C.S.'s belly was extended from internal bleeding. C.S.'s injuries were consistent with blunt abdominal trauma, not with falling on a toy or against a table. The trauma was most likely inflicted 6 to 8 hours prior to C.S.'s admission to Providence Medical Center. C.S. died on December 5.
An autopsy confirmed that C.S. suffered severe internal injuries and internal bleeding. The cause of death was determined to be multiple blunt force blows to the abdomen, delivered with a force comparable to an automobile accident.
We first consider the State's appeal on a question reserved.
The State charged Mathis in Count I with felony murder with the underlying felony of abuse of C.S. between December 1 and 5, 2000, and in Count II with abuse of C.S. on or about December 1, 2000, and in Count III with abuse of C.S. between August 1, 2000, and December 1, 2000. The jury acquitted Mathis of abuse of C.S. between August 1 and December 1. The trial court found that the acts alleged in Count II merged with the Count I felony murder and dismissed Count II at the close of the State's evidence.
Mathis contends that the State's appeal should be denied because that resolution of the State's question depends on the unique circumstances of this particular case. It is long-established that the purpose of a State's appeal on a question reserved is to provide an answer to a question of statewide importance that will aid in the correct and uniform administration of the criminal law in future cases. See, e.g., State v. Roderick, 259 Kan. 107, 108, 911 P.2d 159 (1996). The court will decline to entertain questions reserved by the State that have insufficient statewide importance. State v. Craig, 254 Kan. 575, 576, 867 P.2d 1013 (1994). The question here hinges on the peculiar factual circumstances in this case and not a question of statewide importance so as to warrant the court's consideration on the appeal as a question reserved. We therefore decline to answer the question reserved and dismiss the State's appeal.
We turn now to the issues raised in the defendant's cross-appeal.
In State v. Jenkins, 269 Kan. 334, 2 P.3d 769 (2000), the court addressed a similar question as to the standard of review where a defendant seeks a new trial claiming that defendant's Sixth Amendment right to trial by an impartial jury had been violated by juror misconduct. The Jenkins court noted:
In Jenkins, the court found that the trial court abused its discretion in denying defendant's motion for a new trial. The focus of the inquiry was a juror known as M.M.A. In an affidavit defendant was permitted by the trial court to obtain, M.M.A. stated that three people she innocently denied knowing in voir dire were people she was familiar with. The three individuals were the victim and two State's witnesses. 269 Kan. at 335-36, 2 P.3d 769. In addition, M.M.A. revealed that she intentionally misled the attorneys in voir dire:
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