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]
- Improper admission of refusal to take breathalyzer
- Compulsory joinder violation
Direct appeal (petition for review); Criminal Discharge of Firearm
Patrick H. Dunn
[Affirmed; Nuss; Feb. 1, 2008]
- 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]
- Confrontation Clause violation by admitting dying declaration
- Prosecutorial misconduct (arguing facts not in evidence)
- Failure to give lessers
Direct appeal; First-degree murder
Autumn L. Fox
[Aff'd in part; rev'd in part; per curiam; Feb. 8, 2008]
- Multiplicity of conspiracy convictions
- Suppression of defendant's statements
Direct appeal (petition for review); Attempted Manufacture
Douglas G. Thompson
[COA order dismissing appeal reversed; Beier; Nov. 14, 2008]
- Waiver of direct appeal
Direct appeal (petition for review); manufacture
Randall L. Hodgkinson
[Voluntary dismissal; June 19, 2008]
- 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]
- Appellate jurisdiction over interlocutory appeal
- Acceptance of stipulation regarding ability to possess gun over objection of state
State appeal (petition for review); Second-degree murder
Patrick H. Dunn
[Reversed and remanded; Luckert; Feb. 1, 2008]
- Improper downward durational departure
Motion to withdraw plea (petition for review); Possession
Carl A. Folsom, III
[Reversed and remanded; per curiam; May 21, 2010]
- 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]
- Lack of justification for records check
Direct appeal (petition for review); Sale (3d)
Julie A. McKenna
[Affirmed; Davis; Feb. 1, 2008]
- Statutory speedy trial violation
- Improper enhancement of sale conviction
Direct appeal (petition for review); Possession w/Intent to Sell (2d)
Michael S. Holland, II
[Reversed and remanded; Davis; Feb. 1, 2008]
- 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]
- Validity of "John Doe" charge based on DNA
- Consitutional speedy trial
- Validity of arrest warrants
Direct appeal; First-degree murder
Korey A. Kaul
[Affirmed; Nuss; June 27, 2008]
- Improper bad act evidence with no limiting instruction
- Failure to sever codefendants
- Improper instruction on eyewitness identification
- Failure to give lessers
- Insufficient evidence of aggravating factor
Direct appeal (petition for review); Manufacture
Ryan J. Eddinger
[Petition dismissed as improvidently granted; per curiam]
- Improper sentencing
- Appellate jurisdiction over sentencing appeal
Habeas appeal (petition for review)
Ron F. Evans
[Reversed; Luckert; Feb. 1, 2008]
- 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]
- Confrontation Clause/hearsay (unavailable witnesses)
- Prior bad act evidence
- Improper expert testimony on effect of drug dependence
- Improper use of evidence tainted by inquisition testimony
Direct Appeal; First-degree Murder
Julia S. Spainhour
[Reversed and remanded; Rosen; Aug. 22, 2008]
- Prior bad act evidence
- Improper expert testimony on effect of drug dependence
- Improper use of evidence tainted by inquisition testimony
Motion to correct illegal sentence
Carl F.A. Maughan
[Affirmed; per curiam; Feb. 1, 2008]
- Appointment of counsel before summary denial
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]
- Prosecutorial misconduct (misstatement of law)
- 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]
- Fourth Amendment violation during and after traffic stop
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