Supreme Court of Kansas· 4/9/2004

State v. Young

Citations

87 P.3d 308
277 Kan. 588
2004 Kan. LEXIS 220

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the preliminary hearing testimony of an unavailable witness was admissible at trial under Crawford because counsel who represented the defendant at the preliminary hearing had an opportunity to cross-examine the witness
noting that felony murder and premeditated murder define the same crime of first-degree murder
State showed reasonable diligence in effort to bring witness to testify live at trial
“The felonious conduct proved in a felony-murder prosecution stands in for the deliberation and intent ordinarily required to be proved in a premeditated murder case.”
witness is deemed available for cross-examination at trial when witness testifies to some facts regarding incident but claims a lack of memory prevent him or her from testify about other facts regarding incident
The State must show that the witness cannot be produced at trial by the exercise of due diligence and good faith in order for the court 2 to declare a witness unavailable and to permit use of prior testimony from an absent witness.

Source: CourtListener parenthetical corpus (CC0).

Judges: Beier

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