State v. Bobian

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 127,139 STATE OF KANSAS, Appellee, v. KAMAHL MATTHEW BOBIAN, Appellant. SYLLABUS BY THE COURT 1. A voluntary intoxication instruction is factually appropriate when a defendant presents proof of both consumption of an intoxicating substance and consequent impairment. 2. A lesser included instruction on reckless homicides can be factually appropriate when there is some evidence that the act that caused death was intentional, but the killing itself was unintentional. 3. Prosecutors exceed the wide latitude afforded to them by drawing inferences for…