Appeal No. 122,812: State of Kansas vs. Jamion D. Wimbley
Archived oral argument video
Wimbley appealed his Sedgwick County District Court conviction for murder for aiding and abetting a shooter, claiming error in the instructions given to the jury that convicted him. The Supreme Court held that it was not error for the trial court to decline to include extra language in the aiding and abetting jury instruction telling the jury that mere presence at the scene of a crime is insufficient to establish guilt, despite being an accurate statement of law. The language in the jury instruction that was given, which explained that mere association with a bad actor is insufficient for guilt, fully and accurately explained the law to the jury and did not mislead the jury. Therefore, failure to include the additional language was not error.