Kansas Supreme Court opinion No. 100,512 filed July 22, 2011 states:
"After reviewing the felony-murder instruction rule's historical development, we conclude its use should cease. K.S.A. 22-3414(3) should be applicable to felony murder. Instructions on the lesser degrees of homicide are proper in felony-murder cases when there is some evidence reasonably justifying a conviction of some lesser included crime beyond a reasonable doubt. Language to the contrary in previous opinions is disapproved."
This is a big win for defense attorneys. Please see Lindsey or Dionne at www.ericksonscherff.com<http://www.ericksonscherff.com> to see how this opinion may affect your charge, conviction, and/or appeal.
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