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STATE v. COSBY

No. 100,839.

262 P.3d 285 (2011)

STATE of Kansas, Appellee, v. Lafayette Damon Ester COSBY, Appellant.

Supreme Court of Kansas.

September 9, 2011.

Attorney(s) appearing for the Case

Korey A. Kaul, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

James R. McCabria, assistant district attorney, argued the cause, and Nicole Romine, assistant district attorney, Charles E. Branson, district attorney, and Steve Six, attorney general, were on the brief for appellee.

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

This is Lafayette Damon Ester Cosby's direct appeal of his of first-degree premeditated murder conviction after a second trial. He raises four issues: (1) Whether evidence of a question Cosby asked police was properly excluded as hearsay; (2) whether a lesser included offense instruction on voluntary manslaughter should have been given; (3) whether evidence of premeditation was sufficient to support Cosby's conviction...

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