State v. TahahAnnotate this Case
A jury convicted Christopher Tahah of felony murder and the underlying felony of discharge of a firearm at an occupied dwelling resulting in great bodily harm. During trial, Tahah argued for a lesser-included offense instruction of second-degree unintentional murder and involuntary manslaughter. The felony-murder rule then in effect provided that, under Kan. Stat. Ann. 22-3414(3), requiring instructions on lesser-included offenses where there is evidence that would reasonably justify a conviction of some lesser-included crime did not apply when murder was committed during the commission of a felony. The district court applied the felony-murder rule and denied Tahah's request. The Supreme Court reversed, holding that the district court erred in refusing to give the lesser-included offense instruction in light of the Court's recent decision in State v. Berry, which held that section 22-3414(3) no longer makes an exception for felony murder.