July 24th. The Kansas Supreme Court has issued its decision in State v. Ransom (No. 99,794), the third case arising from a Wichita Gang Scene murder spree. Previous coverage of the prosecutions which arose from this crime has been covered here and here. In a unanimous opinion, written by Justice Carol Beier, the Court rejected Karlan Ransom’s attempt to get a new trial based on the exclusion of evidence arising from a search his girlfriend consented to.
After the killings detailed in the previous coverage, police received a tip that they should check the house of Sharondi Washington (Ransom’s girlfriend), where Ransom stayed 6 nights per week. A large number of police officers descended on the house. Initially, Washington would not let them in but after coming out and speaking to them in a police car, Washington consented to the search. It should be noted that Washington subsequently claimed that she did not agree to the search (which was one of Ransom’s claims on appeal). The Court rejected this argument based on the District Judge’s determination after weighing the evidence that the police account was more convincing.
Once the police gained entry they encountered Ransom and others in the house, searched it and located evidence which was subsequently presented at trial. Ransom contends that since he had not given permission for the search it should have been suppressed. The Court rejected this argument, noting that in the United States Supreme Court’s 2006 Georgia v. Randolph ruling on this topic the defendant had objected to a search and the police had then gone to the man’s wife for permission. The Court held that while that sort of action (seeking out an occupant willing to consent to a search), was not permissible if someone had already objected to a search, it did not impose a duty on police to ascertain the permission of all members of a household who might object.
Ransom also lost on two other claims he brought – that certain evidence that was not connected to the ultimate charge was prejudicial and that a certain member of the Jury should have been stricken by the Judge and not by use of Ransom’s peremptory challenge. The former of these represented a change of argument by Ransom who at trial had argued that the evidence stemmed from the search he had unsuccessfully argued was illegal. The Court held that he procedurally defaulted on this point, but nonetheless rejected his argument on the merits finding the evidence was not unduly prejudicial. On the matter of the juror, there were some statements during voir dire about the juror’s difficulty in presuming Ransom’s innocence. The Judge was satisfied by the statements that when presented with Jury Instructions the juror would behave appropriately. Ransom used a peremptory strike but on appeal argued that the fact the Judge did not remove the juror may have passed misinformation to the other members of the jury about the way they should determine their verdict. The Kansas Supreme Court rejected this argument, noting that a District Judge is in a better position to decide which jurors ought to be removed and also noting that two other jurors were struck for similar (but more clear-cut) statements. This would have dispelled any misunderstanding on the part of the other jury members about the way to perform their job.