Public-domain · open source
OpenJurist

260 Kan. 821

State v. Littlejohn

Supreme Court of Kansas

Decided October 25, 1996

Supreme Court of Kansas · decided 1996-10-25

Cited by 8 later decisions — most recently September 2022

8 state decisions

Key passage — most relied on by later courts

“a participant in a felony murder cannot be an aider or abettor and should not be identified as a[n] aider or abettor on a judgment form.”

quoted by 1 later decision, including State v. Carter

Relies on State v. Myrick & Nelms · State v. Thomas · State v. Littlejohn

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-25

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Abbott, J.:

¶2This is an appeal by the defendant, Brian K. Little-john, from the denial of his motion to determine status, nunc pro tunc. In 1981, Littlejohn participated in a robbery. The robbery victim was killed during the course of the robbery. Littlejohn was convicted of attempted aggravated robbery and first-degree felony murder. These convictions were affirmed by this court in an unpublished opinion filed in 1982. Littlejohn also filed a motion for a new trial, which was denied, and the denial was affirmed in State v. Littlejohn, 236 Kan. 497, 694 P.2d 403 (1984).

¶3In this case, Littlejohn requested that the journal entry of his convictions be altered to indicate, in accordance with K.S.A. 21-4620(a)(2)(C), that he had only been convicted as an aider or abettor, not as a principal, in the 1981 case. The trial court denied this motion based on State v. Thomas, 239 Kan. 457, 720 P.2d 1059 (1986).

¶4Littlejohn concedes that for him to be successful on appeal, this court must overrule or modify State v. Thomas. Interestingly enough, Thomas’ convictions and appeal arose out of the same attempted robbery and murder as Littlejohn’s convictions. It ap*822pears to be without question that Thomas is the one who fired the fatal shots during the attempted robbery.

¶5In Thomas, Justice Lockett, writing for the court, held: “In a felony-murder case, evidence of who die triggerman [was] is irrelevant and all participants are principals.” 239 Kan. at 462 (citing State v. Myrick & Nelms, 228 Kan. 406, 416, 616 P.2d 1066 [1980]). He went on to say that even though Thomas may have fired the fatal shots, “a participant in a felony murder cannot be an aider [or] abettor.” 239 Kan. at 462.

¶6In summary, this court held in the Thomascase that a participant in a felony murder cannot be an aider or abettor and should not be identified as a aider or abettor on a judgment form.

¶7We decline to reverse or modify our holding in State v. Thomas.

¶8Affirmed.

/260/kan/821 · .json · Public domain