State v. Stafford

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,481 STATE OF KANSAS, Appellee, v. DONNELL STAFFORD, Appellant. SYLLABUS BY THE COURT 1. When the facts demonstrate a criminal defendant could have formed premeditation after an initial confrontation, but before the final blow, a premeditation instruction may explain that premeditation does not have to be present before a fight, quarrel, or struggle begins. 2. Mere words cannot constitute sufficient provocation for a heat of passion voluntary manslaughter instruction, even if those words solicited murder. "Mere" does not bear on the gravity…