State v. Haberlein
Annotate this CaseDefendant was convicted of first-degree premeditated murder, aggravated kidnapping, and aggravated robbery. The Supreme Court affirmed the convictions and sentences, holding (1) it was error for the district judge not to give a second-degree intentional murder instruction, but Defendant's failure to object or otherwise call the judge's attention to this error in the district court placed upon him a burden he could not bear, as the judge's failure to so instruct was not clearly erroneous; (2) Defendant was not entitled to reversal of his aggravated kidnapping conviction; (3) the district court did not err in its instruction on aggravated robbery; and (4) the Kansas hard 50 sentencing scheme was constitutional.
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