State v. Dunn

The opinion of the court was delivered by Brenda Kay Dunn appeals her convictions by a jury of aggravated
arson (K.S.A. 21-3719), conspiracy to commit arson (K.S.A.
21-3302, K.S.A. 21-3718), and criminal solicitation (K.S.A.
21-3303). Dunn claims: (1) There was insufficient evidence for a
rational factfinder to conclude she was guilty beyond a
reasonable doubt; (2) the trial judge improperly instructed the
jury on reasonable doubt; (3) the trial court erred in overruling
her motion in limine and admitting evidence of her prior crimes;
(4) the prosecutor's prejudicial statements during closing
argument entitled her to a new trial; and (5) the trial judge's
admission of evidence of her prior crimes placed her in double
jeopardy. At approximately 3:30 a.m. on November 29, 1988, firefighters
and police officers responded to a fire call at 110 West Republic
in Salina. The house was rented and occupied by John Morton.
Morton, Michelle Massaro (now Fasse), Robert Loop, and Allen
Unselt were in the residence when a smoke grenade was thrown
through the front window of the house, causing a fire. The
remaining facts are disputed and are conveyed by outlining the
trial testimony of several principal actors.