October 2007 KSC docket

Here are the criminal cases on the KSC docket for October 24-26, 2007. 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.

October 24, 2007-Wednesday-a.m

State v. Jeremy Nguyen, No. 93,416 (Sedwick)
Direct appeal; First-degree Murder
Shawn E. Minihan
[Affirmed; Johnson; Dec. 14, 2007]

1. Prosecutorial misconduct
2. Improper adult certification (requiring choice between rights)
3. Improper adult certification (improper notice to parents)
4. Improper adult certification (sufficiency)
5. Improper Allen instruction

State v. Paul Drayton, No. 95,672 (Sedgwick)
Direct appeal; First-degree Murder
Sarah Ellen Johnson
[Aff'd in part, rev'd in part; Nuss; Feb. 1, 2008]

1. Violation of in limine order
2. Improper admission of lay opinion on veracity of defendant
3. Prosecutorial misconduct (Doyle violation)
4. Insufficient evidence for felony theft

State v. Paul Hunt, No. 96,883 (Crawford)
Direct appeal; First-degree Murder
Carl Folsom
[Affirmed; Johnson; Feb. 2, 2008]

1. Improper venue (several related issues)
2. Improper admission of testimony that invaded province of jury
3. Prosecutorial misconduct (personal opinion)
4. Admission of prior bad act evidence without limiting instruction

October 24, 2007-Wednesday-p.m.

State v. Dustin Holt, No. 96,744 (Waubaunsee)
Direct appeal; First-degree Murder
Janine Cox
[Aff'd in part, rev'd in part; Nuss; Feb. 1, 2008]

1. Improper jury poll
2. Failure to give mere presence aiding and abetting instruction
3. Insufficient evidence to support aiding and abetting instruction
4. Inconsistent state theories

State v. Martin Vasquez, No. 95,400 (Edwards)
Direct appeal; First-degree Murder
Korey A. Kaul
[Aff'd in part, rev'd in part; Beier; Oct. 17, 2008]

1. Improper admission of prior bad acts evidence
2. Failure to instruct of voluntary manslaughter
3. Improper admission of statements
4. Sufficiency of evidence to support agg burglary
5. Sufficiency and constitutionality of hard-40

October 25, 2007-Thursday-a.m.

State v. Abraham Alderete, No. 94,388 (Sumner)
Direct appeal (petition for review); Child Abuse
Randall L. Hodgkinson
[Affirmed; Greene; Dec. 7, 2007]

1. Failure to give lesser included offense instruction

Michael Wilkins v. State, No. 95,023 (Jefferson)
K.S.A. 60-1507 appeal (petition for review)
Ronald Schneider
[Affirmed; Beier; Aug. 22, 2008]

1. Ineffective assistance of counsel (failure to consult with expert)
2. Prosecutorial misconduct (failure to disclose exclulpatory evidence)

In re L.M., No. 96,197 (Finney)
Direct appeal (petition for review); Juvenile adjudication
Paul Shipp
[Reversed; Rosen; June 20, 2008]

1. Right to jury trial in juvenile adjudication proceeding

State v. Lacey Smith, No. 96,189 (Cowley)
State appeal (petition for review)
Larry Schwartz
[Affirmed; Luckert; May 30, 2008]
[Cert petition denied Dec. 1, 2008]

1. Whether passenger was seized when driver detained for traffic offense

October 25, 2007-Thursday-p.m.

State v. Nathan Wright, No. 94,862 (Thomas)
Direct appeal (petition for review); Sale
Patrick H. Dunn
[Petition dismissed as improvidently granted; per curiam; Dec. 14, 2007]

1. Improper definition of sale
2. Improper amendment of complaint
3. Improper admission of prior bad acts
4. Officers exceeded scope of search warrant

David Moncla v. State, No. 94,811 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael Whalen
[Reversed and remanded; McAnany; Feb. 8, 2008]

1. Improper denial of motion without reaching merits
2. Motion raising newly discovered evidence is not successive

State v. Jeffrey Cooper, No. 95,633 (Clay)
Direct appeal (petition for review); Manufacture
Randall L. Hodgkinson
[Affirmed; Rosen; March 28, 2008]

1. Improper severity level for manufacture sentence

State v. John Prine, No. 93,345 (Reno)
Direct appeal (petition for review)
Shirla McQueen
[Reversed and remanded; Beier; Jan. 16, 2009]

1. Sufficiency of evidence of penetration
2. Improper admission of prior bad act evidence
3. Improper admission of photograph