State v. GibsonAnnotate this Case
The Supreme Court affirmed Defendant's convictions of child abuse and felony murder with the underlying felony of child abuse but vacated the imposition of lifetime postrelease supervision, holding that the trial court did not err in convicting Defendant but erred in imposing lifetime postrelease supervision.
Specifically, the Court held (1) the evidence provided sufficient proof to show that Defendant's action was knowingly done and cruel as required by Kan. Stat. Ann. 21-5602(a)(3); (2) the court did not err in instructing the jury "If you have no reasonable doubt as to the truth of each of the claims required to be proved by the State, you should find the defendant guilty"; and (3) the court improperly ordered lifetime postrelease supervision.