Friday, October 12, 2007

December 2007 KSC docket

Here are the criminal cases on the KSC docket for December 3-6, 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.

December 3, 2007-Monday-a.m.

State v. Charles Hawkins, No. 95,310 (Sedgwick)
Direct appeal (petition for review); Felony DUI
Shawn E. Minihan
[Aff'd part, rev'd and vac'd in part; Johnson; Feb. 8, 2008]

  1. Improper admission of refusal to take breathalyzer
  2. Compulsory joinder violation
State v. Tina Martin, No. 95,819 (Sedgwick)
Direct appeal (petition for review); Criminal Discharge of Firearm
Patrick H. Dunn
[Affirmed; Nuss; Feb. 1, 2008]

  1. Improper upward dispositional departure

December 3, 2007-Monday-p.m.

State v. Eric Jones, No. 97,279 (Wyandotte)
Direct appeal; First-degree murder
B. Joyce Yeager
[Affirmed; Johnson; Dec. 12, 2008]

  1. Confrontation Clause violation by admitting dying declaration
  2. Prosecutorial misconduct (arguing facts not in evidence)
  3. Failure to give lessers
State v. Nam Nguyen, No. 96,430 (Finney)
Direct appeal; First-degree murder
Autumn L. Fox
[Aff'd in part; rev'd in part; per curiam; Feb. 8, 2008]

  1. Multiplicity of conspiracy convictions
  2. Suppression of defendant's statements
State v. Joshua Patton, No. 95,860 (Dickinson)
Direct appeal (petition for review); Attempted Manufacture
Douglas G. Thompson
[COA order dismissing appeal reversed; Beier; Nov. 14, 2008]

  1. Waiver of direct appeal
State v. Randall Jones, No. 95,654 (Mitchell)
Direct appeal (petition for review); manufacture
Randall L. Hodgkinson
[Voluntary dismissal; June 19, 2008]

  1. Failure to allow late direct appeal

December 4, 2007-Tuesday-a.m.

State v. Mario Mitchell, No. 98,512 (Wyandotte)
State's appeal (transfer); First-degree murder
William P. Mahoney
[Appeal dismissed, remanded with directions; Rosen; March 28, 2008]

  1. Appellate jurisdiction over interlocutory appeal
  2. Acceptance of stipulation regarding ability to possess gun over objection of state
State v. Alexis Blackmon, No. 95,696 (Wyandotte)
State appeal (petition for review); Second-degree murder
Patrick H. Dunn
[Reversed and remanded; Luckert; Feb. 1, 2008]

  1. Improper downward durational departure
State v. Shannon Aguilar, No. 95,249 (Wyandotte)
Motion to withdraw plea (petition for review); Possession
Carl A. Folsom, III
[Reversed and remanded; per curiam; May 21, 2010]
  1. Failure to allow withdrawal of plea

December 4, 2007-Tuesday-p.m.

State v. Paul Martin, No. 96,126 (Douglas)
Direct appeal (petition for review); Possession
Juanita M. Carlson
[Affirmed; Johnson; March 28, 2008]
[Cert petition denied Oct. 6, 2008]

  1. Lack of justification for records check
State v. Daubin Paul, No. 95,105 (Saline)
Direct appeal (petition for review); Sale (3d)
Julie A. McKenna
[Affirmed; Davis; Feb. 1, 2008]

  1. Statutory speedy trial violation
  2. Improper enhancement of sale conviction
State v. Jesus Ruiz-Reyes, Jr., No. 95,056 (Reno)
Direct appeal (petition for review); Possession w/Intent to Sell (2d)
Michael S. Holland, II
[Reversed and remanded; Davis; Feb. 1, 2008]

  1. Improper enhancement of possession with intent conviction

December 5, 2007-Wednesday-a.m.

State v. Douglas Belt, No. 95,575 et al. (McPherson)(Reno)(Saline)
State's appeal/direct cross-appeal (transfer)
Rebecca E. Woodman
[Affirmed; Beier; March 28, 2008]

  1. Validity of "John Doe" charge based on DNA
  2. Consitutional speedy trial
  3. Validity of arrest warrants
State v. Leonard Reid, No. 93,646 (Johnson)
Direct appeal; First-degree murder
Korey A. Kaul
[Affirmed; Nuss; June 27, 2008]

  1. Improper bad act evidence with no limiting instruction
  2. Failure to sever codefendants
  3. Improper instruction on eyewitness identification
  4. Failure to give lessers
  5. Insufficient evidence of aggravating factor
State v. Rhonda Walker, No. 96,691 (Johnson)
Direct appeal (petition for review); Manufacture
Ryan J. Eddinger
[Petition dismissed as improvidently granted; per curiam]

  1. Improper sentencing
  2. Appellate jurisdiction over sentencing appeal
State v. David Patton, No. 98,470 (Shawnee)
Habeas appeal (petition for review)
Ron F. Evans
[Reversed; Luckert; Feb. 1, 2008]

  1. Competency to extradite

December 5, 2007-Wednesday-a.m.

State v. Jason Hughes, No. 95,256 (Lyon)
Direct appeal; First-degree Murder
Randall L. Hodgkinson
[Reversed and remanded; Rosen; Aug. 22, 2008]

  1. Confrontation Clause/hearsay (unavailable witnesses)
  2. Prior bad act evidence
  3. Improper expert testimony on effect of drug dependence
  4. Improper use of evidence tainted by inquisition testimony
State v. Marcy Carapezza, No. 95,233 (Lyon)
Direct Appeal; First-degree Murder
Julia S. Spainhour
[Reversed and remanded; Rosen; Aug. 22, 2008]

  1. Prior bad act evidence
  2. Improper expert testimony on effect of drug dependence
  3. Improper use of evidence tainted by inquisition testimony
State v. Roderick Fields, No. 97,292 (Sedgwick)
Motion to correct illegal sentence
Carl F.A. Maughan
[Affirmed; per curiam; Feb. 1, 2008]

  1. Appointment of counsel before summary denial
State v. Ralph Trice, No. 95,356 (Sedgwick)
Direct appeal (petition for review); Agg Interference with Parental Custody
Shawn E. Minihan
[Petition for review dismissed as improvidently granted; per curiam; Feb. 1, 2008]

  1. Prosecutorial misconduct (misstatement of law)
  2. BIDS fee

December 6, 2007-Thursday-a.m.

State v. Shannon Greever, No. 95,303 (Reno)
Direct appeal (petition for review); Possession
Jennifer E. Conkling
[Affirmed and remanded with directions; Davis; May 16, 2008]

  1. Fourth Amendment violation during and after traffic stop

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