State v. Stanley

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,310 STATE OF KANSAS, Appellee, v. PHILLIP JERMAINE STANLEY, 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. Premeditated first-degree murder and intentional second-degree murder are not identical, and the identical offense sentencing doctrine does not apply. 3. Premeditated…