The burden is on the defendant to show that such prejudice exists in the community and that it was reasonably certain he or she could not have obtained a fair trial. When the sufficiency of evidence is challenged in a criminal case, the standard of review is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. Issues of credibility are within the province of the jury. On appellate review, the credibility of witnesses will not be passed upon, conflicting evidence will not be weighed, and all questions of credibility are to be resolved in favor of the State. The notice provisions in K.S.A. 1992 Supp.
Filing is complete when the judge personally accepts custody of the papers.
Opinion filed December 6, 1996. Michael G. Highland , of Bonner Springs, argued the cause and was on the brief for appellant. Kevin C. Fletcher , assistant attorney general, argued the cause, and Carla J. Stovall , attorney general, was with him on the brief for appellee. LaJuan E. Clemons, an inmate at the Lansing Correctional Facility, was a participant with other inmates in the killing of one guard and the severe injury to another guard during a riot at the recreational facility inside the walls. He was charged with and convicted of first-degree murder and aggravated battery against a law enforcement officer.