State v. Meggerson
Citation | 474 P.3d 761 |
Decision Date | 23 October 2020 |
Docket Number | No. 117,131,117,131 |
Parties | STATE of Kansas, Appellee, v. Cecil MEGGERSON, Appellant. |
Court | United States State Supreme Court of Kansas |
Jeffrey C. Leiker, of Leiker Law Office P.A., of Kansas City, argued the cause and was on the brief for appellant.
Daniel G. Obermeier, assistant district attorney, argued the cause, and Ethan Zipf-Sigler, assistant district attorney, Mark A. Dupree Sr., district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.
After a string of violent robberies in Kansas City, Missouri, and Kansas City, Kansas, Cecil Meggerson and Dyron King were jointly tried. The jury convicted Meggerson of attempted capital murder of Deputy Scott Wood, aggravated robbery of Patricia Pope, aggravated robbery of Deputy Scott Wood, aggravated robbery of Daniel Bayer, aggravated battery of Deputy Scott Wood, aggravated battery of Daniel Bayer, conspiracy to commit aggravated robbery, criminal possession of a weapon by a convicted felon on March 3, 2015, and criminal possession of a weapon by a convicted felon on March 4, 2015. The jury acquitted Meggerson on charges of aggravated robbery of Reginald Jones. The district court imposed a hard 25 sentence and a consecutive term of 449 months with the Department of Corrections. Meggerson directly appealed.
We previously decided King's appeal in State v. King , 308 Kan. 16, 417 P.3d 1073 (2018). In that decision, we described the key events as follows:
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State v. Butler
... ... "This ... is a high burden, and only when the testimony is so ... incredible that no reasonable fact-finder could find guilt ... beyond a reasonable doubt should we reverse a guilty verdict ... [Citations omitted.]" State v. Meggerson , 312 ... Kan. 238, 247, 474 P.3d 761 (2020) ... Butler ... claims that the State failed to establish the elements of ... aggravated kidnapping separately from the rape and sodomy ... charges. "Under the Due Process clause of the 14th ... ...
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State v. Campbell
... ... Rather, they are ... primarily independent contentions raised and analyzed by our ... esteemed colleague. To do otherwise would run contrary to the ... sound, long-standing rule that issues not briefed by the ... parties are deemed abandoned. State v. Meggerson , ... 312 Kan. 238, 246, 474 P.3d 761 (2020). Thus, they are not ... presented in a posture through which they can effectively be ... decided. "The premise of our adversarial system is that ... appellate courts ... sit ... as arbiters of legal ... questions ... ...
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State v. Cupp
...court's related ruling because points raised incidentally in a brief and not argued therein are deemed waived or abandoned. Meggerson, 312 Kan. at 246. Legal Principles We review the denial of Cupp's motion for acquittal based on insufficient evidence under the same well-known standard we a......
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State v. Spilman
...renders us helpless to judge the argument. So, we may presume the argument waived or abandoned. See State v. Meggerson, 312 Kan. 238, 246, 474 P.3d 761 (2020) ("Failure to support a point with pertinent authority or show why it is sound despite a lack of supporting authority or in the face ......