State v. Coleman

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 124,223 STATE OF KANSAS, Appellee, v. DARNELL D. COLEMAN, Appellant. SYLLABUS BY THE COURT 1. Premeditation includes both a temporal element (time) and a cognitive element (consideration). A prosecutor thus commits error during closing arguments by making statements that contradict or obfuscate the cognitive aspect of premeditation by saying premeditation only requires time. 2. Prosecutors err by arguing facts not in evidence. 3. Under the facts presented, a prosecutor did not err by downplaying a theory of defense because the prosecutor…