Kansas Supreme Court - 101551 – State v. Peppers

8.
Allegations that a prosecutor committed misconduct during closing argument are
analyzed by an appellate court using two steps: First, the court decides whether the
remarks were outside the wide latitude that the prosecutor is allowed in discussing the
evidence. Second, if misconduct is found, the appellate court must determine whether the
improper remarks prejudiced the jury against the defendant and denied the defendant a
fair trial. On the second step, the court considers whether the comments were gross and
flagrant, whether they reflected ill will on the prosecutor's part, and whether there was a
reasonable possibility that the misconduct affected the verdict. In this case, none of the
challenged comments constituted misconduct, except for the prosecutor's expressions of
personal opinion on the defendant's guilt. Those expressions do not necessitate reversal of
the defendant's convictions.
Affirmed.
Appeal from Shawnee District Court; NANCY E. PARRISH, judge. Opinion filed May 4, 2012.
appellant.
Lydia Krebs, of Kansas Appellate Defender Office, argued the cause and was on the brief for
Jason E. Geier, assistant district attorney, argued the cause, and Darren E. Root, assistant district
attorney, Chadwick J. Taylor, district attorney, and Steve Six, attorney general, were with him on the brief
for appellee.
The opinion of the court was delivered by
BEIER, J.: Defendant Antwan T. Peppers appeals his convictions of one count of
first-degree premeditated murder and one count of attempted first-degree murder.
Peppers alleges reversible error in the district judge's admission of gang affiliation
evidence; the content of instructions given to the jury on the gang affiliation evidence and
3