 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STATE v. BRADFORD12/10/1993
lot, and someone dragged her body back to the door. Reentry was attempted, but the door was locked.
Sufficiency of Evidence
The standard of review on the sufficiency of the evidence issue is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, we are convinced that a rational factfinder could have found Bradford guilty beyond a reasonable doubt. See State v. Richmond, 250 Kan. 375, Syl. 4, 827 P.2d 743 (1992).
The jury found Bradford guilty of both felony murder and the underlying crime of attempted aggravated robbery. The jury had an opportunity to evaluate the evidence and testimony of the witnesses. The trial court also had an opportunity to assess whether the jury's decision was supported by the evidence when it denied Bradford's motion for a new trial. Credibility of witnesses is an issue for the jury, not for the trial judge or the appellate courts>. State v. Jarmon, 245 Kan. 634, 638, 783 P.2d 1267 (1989).
"An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime." K.S.A. 1992 Supp. 21-3301(a). "The determination of the existence of an overt act is a jury function." State v. Chism, 243 Kan. 484, 490, 759 P.2d 105 (1988).
"Aggravated robbery is a robbery committed by a person who is armed with a dangerous weapon or who inflicts bodily harm upon any person in the course of such robbery." K.S.A. 21-3427.
"Robbery is the taking of property from the person or presence of another by threat of bodily harm to his person or the person of another or by force." K.S.A. 21-3426.
When viewed in the light most favorable to the prosecution, the record contains evidence upon which the jury could have relied in reaching its decision. Testimony regarding Bradford's confessions could properly be considered to establish that Bradford committed the crimes. All of the witnesses described the events to which Bradford confessed in a similar fashion, with only minor differences. The jury could have determined Bradford's guilt based on this similarity. Bradford had an opportunity to present evidence which supported his theory. Although the credibility of the State's witnesses was brought into question, the jury obviously believed the State's witnesses and its theory rather than the evidence presented in Bradford's behalf. Bradford's attack on witness credibility repeats the arguments he unsuccessfully made to the jury. Bradford is essentially arguing that the evidence was insufficient to support the verdict. We do not agree.
Bradford's Mistrial Motion
Bradford asserts abuse of discretion in the trial court's failure to grant mistrial motions because of the buttons containing Angela's picture and Wright's courtroom appearance in chains. The declaration of a mistrial is a matter entrusted to the trial court's discretion. The standard of review is abuse of discretion. The test of whether the trial court abused its discretion is whether no reasonable person would agree with the trial court. State v. Griffin, 246 Kan. 320, 326, 787 P.2d 701 (1990). Bradford carries the burden of showing that such abuse, if present, requires reversal. See State v. Walker, 244 Kan. 275, 279-80, 768 P.2d 290 (1989). A judge's power to declare a mistrial is to be used with great caution, under proper circumstances, to insure that all parties receive a fair trial. State v. Chandler, 252 Kan. 797, Syl. 2, 850 P.2d 803 (1993).
Bradford claims that the family's purpose in wearing the buttons was to guarantee that he would be convic
Page 1 2 3 4 5 6 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|