State of Kansas, Appellee v. Matthew T. Fisher, Appellant

Summary

The court affirmed Fisher's convictions for attempted second-degree murder and criminal damage to property and his 247-month sentence. It found a Doyle violation, prosecutorial misconduct in the prosecutor's use of "bull," and error in omitting an attempted voluntary manslaughter instruction, but held each error harmless or insufficiently prejudicial individually and cumulatively. The court also held that a resident has a sufficient interest in a home's interior door for the criminal-damage statute and rejected Fisher's sentencing challenges. Rosen, J., concurring, would not find misconduct from the word "bull" or error in omitting the lesser-included instruction; Johnson, J., dissenting in part, would reverse the criminal-damage conviction and find the preliminary instruction erroneous.