STATE v. RODRIGUEZ

No. 103,467.

289 P.3d 85 (2012)

STATE of Kansas, Appellee, v. Jaime RODRIGUEZ, Appellant.

Supreme Court of Kansas.

December 7, 2012.


Attorney(s) appearing for the Case

Joanna Labastida , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Sheryl L. Lidtke , chief deputy district attorney, argued the cause, and Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, were with her on the brief for appellee.


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

Defendant Jaime Rodriguez appeals his conviction of first-degree felony murder in the death of his 5-month-old son, Louie. He argues that the district court judge erred by failing to instruct sua sponte on reckless second-degree murder and reckless involuntary manslaughter, by giving an incorrect jury instruction on child abuse, by admitting gruesome photographs that were unduly graphic and cumulative, and...

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