State v. Jenkins
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The Supreme Court affirmed Defendant's convictions of first-degree felony murder, two counts of aggravated battery, and related offenses, holding that the district court judge properly admitted as evidence recorded jail calls made using Defendant's assigned personal identification number and that a challenged provision in the Kansas felony fleeing and eluding statute is not unconstitutionally vague.
On appeal, Defendant argued that he was entitled to a new trial because the district judge erred by admitting the jail phone calls into evidence and that Kan. Stat. Ann. 8-1568(b)(1)(E), the option within a means of the felony fleeing and eluding statute dependent on five or more moving violations, is unconstitutionally vague. The Supreme Court affirmed, holding (1) the district judge did not abuse his discretion by admitting the recorded calls as evidence in Defendant's trial; and (2) the term "moving violations" used in section 8-1568(b)(1)(E) is not unconstitutionally vague.
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