State v. Zongker

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 125,449 STATE OF KANSAS, Appellee, v. ADRIAN N. ZONGKER, Appellant. SYLLABUS BY THE COURT 1. While the PIK instruction defining premeditation is generally sufficient, in cases involving a temporal question—and where the temporal intricacies embedded in the legal concept of premeditation may confuse the jury—additional instructional language defining premeditation is appropriate so long as it properly and fairly states the law and is not reasonably likely to mislead the jury. 2. A defendant meets the first prong of establishing prosecutorial…