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eBook details

• Title: State v. Plunkett
• Author : Supreme Court of Kansas
• Release Date : January 14, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The opinion of the court was delivered by The primary issue in this criminal case relates to defendant Bennie L. Plunkett's Sixth Amendment right to self-representation. Did the district court err in refusing to let Plunkett represent himself? Plunkett's convictions for aggravated criminal sodomy and rape of two victims were reversed for judicial misconduct in State v. Plunkett, 257 Kan. 135, 891 P.2d 370 (1995). Plunkett was tried again and convicted of three counts of aggravated criminal sodomy, K.S.A. 21-3506 (c)(i) (Ensley 1988), and two counts of rape, K.S.A. 21-3502 (Ensley 1988), in two separate cases consolidated for trial. He was sentenced concurrently within each case, the sentences for each case to be served consecutively, for a controlling term of 30 years to life. Our jurisdiction is under K.S.A. 22-3601 (b)(1) (maximum life sentence imposed). We find no reversible error and affirm. The additional issues are: (1) whether Plunkett's due process rights were violated by either the district court's refusal to give an instruction on rape that included the word ""intentional,"" as urged by counsel, or in interrupting closing argument and telling counsel that criminal intent is not an element of the rape charge; (2) whether the evidence was sufficient to support Plunkett's convictions for aggravated criminal sodomy and rape of S.B.; and (3) whether the district court erred in refusing to allow the introduction of previously transcribed testimony of Fred Dixon as an unavailable witness.

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