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Keywords

defendantappealtrialmotionfelonybeyond a reasonable doubtjury trialjury instructions

defendantappealtrialverdictmotionfelonybeyond a reasonable doubtappellant

Related Cases

Crease v. State, 252 Kan. 326, 845 P.2d 27

Facts

In January 1981, Kenneth Crease was convicted of multiple counts of burglary, theft, and felony murder after a jury trial. During the trial, an ex parte communication occurred between the trial judge and at least one juror, which raised concerns about the juror's understanding of the felony-murder rule. Crease filed a K.S.A. 60–1507 motion after learning of this communication, arguing that it violated his right to be present at all critical stages of the trial. The trial judge denied the motion, and the Court of Appeals affirmed this decision.

The appellant, Kenneth Crease, appeals the denial of his K.S.A. 60–1507 motion in which he challenged his convictions, based upon an ex parte communication between the trial judge and at least one juror.

Issue

Whether the trial judge's ex parte communication with a juror constituted harmless error and whether trial counsel's failure to object to this communication amounted to ineffective assistance of counsel.

The main issue is whether the trial judge's ex parte communication with a juror is harmless error.

Rule

A defendant has a constitutional right to be present at all critical stages of the trial, and any ex parte communication between a judge and juror is a violation of this right. Such errors may be deemed harmless if the appellate court can declare beyond a reasonable doubt that the error did not affect the trial's outcome.

A conference between a trial judge and a juror is a critical stage of the proceeding, and the defendant has a constitutional and statutory right to be present whenever the trial judge communicates with the jury.

Analysis

The court analyzed the circumstances surrounding the ex parte communication and determined that it did not materially prejudice Crease's rights. The judge's comments were primarily a recapitulation of jury instructions, and the juror's subsequent vote was not influenced by the communication. The court found that the evidence of Crease's guilt was substantial and that the error was harmless beyond a reasonable doubt.

The Court of Appeals held that any error was harmless beyond a reasonable doubt because the ex parte discussion did not materially prejudice Crease's rights and did not affect the verdict.

Conclusion

The court affirmed the denial of postconviction relief, concluding that the ex parte communication was harmless and that Crease's trial counsel was not ineffective.

The court informed counsel of the meeting. Counsel for the defendant apparently saw no harm in what had occurred and desired to keep on the jury a juror who was showing reluctance to convict the defendant.

Who won?

The State prevailed in the case because the court found that the ex parte communication did not materially affect the outcome of the trial and that the evidence against Crease was strong.

The Court of Appeals discussed the applicable law, summarized what had occurred, and held the error to be harmless beyond a reasonable doubt, stating: 'The facts before us in the instant case are as follows: one juror, and possibly two, was very concerned about finding the defendant guilty under the Kansas felony-murder rule.'

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