State v. Berkstresser

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 122,557 STATE OF KANSAS, Appellee, v. RYAN M. BERKSTRESSER, Appellant. SYLLABUS BY THE COURT 1. When a party fails to brief an issue, that issue is deemed waived or abandoned. 2. To determine whether a lesser included offense instruction is factually appropriate, a court must consider whether there is some evidence, viewed in a light most favorable to the defendant, emanating from whatever source and proffered by whichever party, that would reasonably justify the defendant's conviction for that lesser included crime. 3. A district court commits…