State v. Valenciana

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,839 STATE OF KANSAS, Appellee, v. SAUL VALENCIANA, Appellant. SYLLABUS BY THE COURT 1. The elements of premeditated murder and the definition of premeditation found in PIK Crim. 4th 54.150 have been repeatedly approved by this court as not being misleading and as accurately stating the law of premeditation. When the facts justify the giving of either a whole or partial Bernhardt instruction, all of a Stanley instruction must also be given, because a Bernhardt instruction, on its own, does not adequately explain the law of premeditation…