State v. Deal
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Dana Deal was convicted for unintentional but reckless second-degree murder in violation of Kan. Stat. Ann. 21-3402(b) for the death of Donald Irvin. Deal appealed, arguing (1) the evidence established that he intentionally hit Irvin with a metal tire iron and Irvin died as a result of these intentionally inflicted blows, and (2) because he acted intentionally in inflicting those blows, he could not be guilty of unintentional but reckless second-degree murder. The court of appeals affirmed Deal's conviction and sentence. The Supreme Court affirmed, holding (1) section 21-3402 focuses culpability on whether a killing is intentional, not on whether a deliberate and voluntary act leads to death; and (2) in this case, there was evidence that Deal did not intend to kill Irvin, and this evidence was sufficient to support the jury's determination that Deal committed an unintentional but reckless second-degree murder.
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