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STATE v. DAVIS

No. 94,366.

148 P.3d 510 (2006)

STATE of Kansas, Appellee, v. Breland D. DAVIS, Appellant.

Supreme Court of Kansas.

December 8, 2006.

Attorney(s) appearing for the Case

Sarah Ellen Johnson, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by DAVIS, J.:

Breland Davis appeals his conviction of first-degree premeditated murder, contending that the trial court committed reversible error by: (1) admitting hearsay evidence in violation of his confrontation rights; (2) refusing to give a cautionary instruction regarding accomplice testimony; (3) refusing to instruct the jury that "mere presence" at a crime scene does not necessitate a finding of guilt; and (4) committing...

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