September 2007 KSC docket

Here are the criminal cases on the KSC docket for September 4-7. These summaries are based on the issues listed in the briefs filed and may not very accurately or fully describe the actual issues in the cases. I recommend you review the briefs yourself if you would like more details. Don't forget, arguments are streamed live over the internet at the appellate court website (here) if you would like to listen in to any of these arguments.


September 4, 2007-Tuesday-a.m.

State v. Akira Brown, No. 92,544 (Sedgwick)
Direct appeal; First-degree Murder
Carl F.A. Maughan
[Affirmed; Luckert; Dec. 7, 2007]

1. Confrontation Clause
2. Improper admission of gang evidence
3. Failure to suppress statements
4. Failure to instruct on heat of passion/vol manslaughter
5. Failure to allow 3d party evidence

State v. Marc Sappington, No. 94,415 (Wyandotte)
Direct appeal; First-degree Murder
Sarah Ellen Johnson
[Affirmed; Nuss; Nov. 2, 2007]

1. Failure to give vol intoxication instruction
2. Failure to appoint new counsel
3. Failure to allow evidence of victim's mental illness
4. Failure to declare mistrial after state began to play wrong confession to jury

State v. Marc Sappington, No. 94,416 (Wyandotte)
Direct appeal; First-degree Murder
Sarah Ellen Johnson
[Affirmed; Nuss; Nov. 2, 2007]

1. Prosecutorial misconduct-improper definition of reasonable doubt
2. Judge's failure to recuse
3. Gruesome photos
4. Failure to appoint new counsel

State v. Darrell Farmer, No. 91,466 (Montgomery)
Direct appeal (reargument); First-degree Murder
Randall L. Hodgkinson
[Affirmed; McFarland; Feb. 1, 2008]

1. Sufficiency of underlying criminal discharge at an occupied vehicle
2. Failure to suppress statements obtained by appeal to religion

September 4, 2007-Tuesday-p.m.

State v. Gavin Scott, No. 83,801 (Sedgwick)
Direct appeal (reargument); Capital Murder & Death Sentence
Rebecca E. Woodman
[Aff'd in part, rev'd in part, death sentence vacated; per curiam; May 16, 2008]

1. Whether statute making tie at sentencing phase go to state violates Kansas Constitution

September 5, 2007-Wednesday-a.m.

State v. Donnie Ventris, No. 94,002 (Montgomery)
Direct appeal (petition for review); Aggravated Robbery
Matthew J. Edge
[Reversed and remanded; Rosen; Feb. 1, 2008]
[Cert petition granted Oct. 1, 2008]
[SCOTUS reversed KSC; Scalia; April 29, 2009]
[Conviction affirmed on remand from SCOTUS; Rosen; July 24, 2009]

1. Improper impeachment with statements obtained in violation of right to counsel
2. Failure to give prior bad acts limiting instruction

September 5, 2007-Wednesday-p.m.

State v. Mardoqueo Gutierrez, No. 94,317 (Lyon)
Direct appeal (petition for review); Att vol manslaughter
Korey A. Kaul
[Affirmed; Beier; Dec. 7, 2007]

1. Insufficient evidence of agg burglary based on vol manslaughter
2. No crime of attempted voluntary manslaughter

Alex Bellamy v. State, No. 94,365 (Sedgiwick)
K.S.A. 60-1507 appeal (petition for review)
Korey A. Kaul
[Reversed; Rosen; Dec. 7, 2007]

1. Standard of review when appellate court reviews summary denial

State v. Previn Araujo, No. 94,831 (Sedgwick)
Direct appeal (petition for review); Possession w/ intent to sell
Shawn E. Minihan
[Affirmed; Luckert; Nov. 2, 2007]

1. Confrontation Clause

Keith Barr v. State, No. 94,429 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Randall L. Hodgkinson
[Affirmed; per curiam; Nov. 14, 2008]

1. Exceptions that allow late direct appeal

September 6, 2007-Thursday-a.m.

State v. Thomas Murray, No. 94,619 (Douglas)
Direct appeal; First-degree Murder
Sarah Ellen Johnson
[Affirmed; Davis; Jan. 18, 2008]

1. Prosecutor misconduct--facts not in evidence/personal opinion
2. Improper admission that defendant invoked Fifth
3. Improper hearsay evidence admitted

State v. Billy Scott, No. 95,760 (Reno)
Direct appeal (transfer); Involuntary Manslaughter
Jennifer Conkling
[Reversed; Beier; Dec. 7, 2007]

1. Insufficient evidence that defendant's conduct caused death
2. Failure to instruct jury on proximate cause
3. Failure to instruct on lesser included offense (drinking contest)
4. Failure to specify act that was "commission of lawful act in unlawful manner"

Garnet Tolen v. State, No. 95,106 (Saline)
K.S.A. 60-1507 appeal (transfer)
Michael Holland
[Affirmed; Rosen; Feb. 1, 2008]

1. One year statute of limitations violates Kansas Constitution

September 7, 2007-Friday-a.m.

Joseph Guillory v. State, No. 96,610 (Washington)
K.S.A. 60-1507 appeal (petition for review)
Korey A. Kaul
[Dismissed; McFarland; Nov. 2, 2007]

1. Whether exception for late notice of appeal due to failure to inform of right to appeal should apply to K.S.A. 60-1507 appeal

Tod Pabst v. State, No. 97,139 (Thomas)
K.S.A. 60-1507 appeal (transfer)
Richard Ney
[Affirmed; Johnson; Sept. 19, 2008]

1. Associate prosecutor hired by victim had conflict of interest
2. IAC of trial and appeal counsel for failure to challenge prosecutor
3. IAC of trial counsel for failure to impeach coroner
4. Whether amended K.S.A. 60-1507 motion relates back for purposes of one-year statute of limitations