Kansas Supreme Court says Bodine’s conviction stands in murder of 3-year-old Evan Brewer

Kansas

Stephen Bodine (Photo from Kansas Department of Corrections)

WICHITA (KSNW) — The Kansas Supreme Court has ruled against Stephen Bodine’s appeal in a murder case that shocked the Wichita community.

The body of 3-year-old Evan Brewer was found encased in concrete in September 2017. During Bodine’s trial, prosecutors presented hundreds of pieces of evidence, including parts of Evan’s concrete tomb found in the rental home where he lived with his mother, Miranda Miller, and Bodine. Miller pleaded guilty to second-degree murder and other charges.

In October of 2018, Bodine was found guilty on all charges, including two counts of first-degree felony murder, two counts of aggravated kidnapping, one count of child abuse, and aggravated child endangerment. A judge sentenced him to 109 years in prison.

Bodine appealed the conviction. Friday, the Kansas Supreme Court affirmed the convictions.

In a unanimous opinion written by Justice Melissa Standridge, the court:

  • Held that Bodine lacked standing to challenge the constitutionality of the kidnapping statute
  • Approved Sedgwick County District Court’s jury instructions on aggravated kidnapping and aiding and abetting and found the aiding and abetting statute is not unconstitutional
  • Determined Bodine’s convictions for felony murder and aggravated child endangerment are not logically impossible and a single instance of prosecutorial error during the State’s closing argument was harmless
  • Held K.S.A. 2020 Supp. 22-2302(c), the statute allowing public access to affidavits or sworn testimony filed in support of a warrant or summons, does not violate a defendant’s constitutional right to an impartial jury

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