MARC JACOBS
Hutch Post
The Kansas Supreme Court has unanimously affirmed the convictions of a man found guilty of killing two people in Reno County, rejecting arguments that errors during the trial warranted a new proceeding.
A jury previously convicted Hardwick of two counts of first-degree premeditated murder. On direct appeal, Hardwick argued that the Reno County District Court erred by failing to instruct jurors on imperfect self-defense and by allowing evidence related to his post-arrest silence, which he said violated his Fifth Amendment rights.
In a unanimous opinion authored by Melissa Standridge, the court upheld the convictions, concluding that any error related to jury instructions was harmless in light of the overwhelming evidence presented at trial.
The court determined that even if an imperfect self-defense instruction should have been given, the absence of that instruction did not affect the outcome of the case because the evidence supporting the jury’s verdict was substantial.
The justices also rejected Hardwick’s claim regarding his post-arrest silence. The court ruled that the admission of this evidence did not violate constitutional protections because Hardwick “opened the door” through his own testimony by suggesting a willingness to cooperate with law enforcement that was inconsistent with his actual silence after arrest.
Additionally, the court found that prosecutors used the evidence narrowly and appropriately for impeachment purposes, rather than to suggest guilt, which the court said is constitutionally permissible.
As a result of the ruling, Hardwick’s convictions and sentences remain in place.
Hardwick was sentenced in April of 2023 to two consecutive life sentences for the murders of Marion Edward “Ed” Bates, 56, and Phillip “Phil” D. Anstine, 58, both of Hutchinson. Concurrent with his life convictions, Hardwick was sentenced to eight months for his third alternative count of theft and seven months for solicitation of perjury.