January 2008 KSC docket

Here are the criminal cases on the KSC docket for January 28-31, 2008. 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.


January 28, 2008-Monday-a.m.

State v. Terral Breedlove, No. 96,608 (Sedgwick)
Motion to Correct Illegal Sentence; Felony murder
Lydia Krebs
[Conviction reversed, sentence vacated; Nuss; March 28, 2008]

1. Jurisdiction to prosecute juvenile in adult court

State v. Donald Storey, No. 95,592 (Sedgwick)
Direct appeal (petition for review); Burglary
Matthew J. Edge
[Affirmed; Nuss; April 4, 2008]

1. Is entry into an unfinished structure burglary

State v. Kim Crum, No. 95,729 (Sedgwick)
Direct appeal; First-degree Murder
Jessica R. Kunen
[Affirmed; Johnson; May 16, 2008]

1. Prosecutorial misconduct (disparaging counsel, improper questions/argument)
2. Error in showing jury photograph during deliberations
3. Failure to allow substitute counsel after conflict developed
4. Admission of improperly prejudicial evidence
5. Violations of in limine orders

State v. Lianna Heapofbirds, No. 97,229 (Sedgwick)
Motion to Correct Illegal Sentence (transfer); Aggravated Battery
Carl A. Folsom, III
[Dismissed as moot; Sept. 3, 2008]

1. Whether district court modification after probation revocation was illegal

January 28, 2008-Monday-p.m.

Joshua Robertson v. State, No. 95,188 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Affirmed; Beier; Feb. 6, 2009]

1. Ineffective assistance of habeas counsel

State v. Leonard Pollman, No. 93,947 (McPherson)
Direct appeal (petition for review); DUI
Sam S. Kepfield
[Affirmed; Luckert; Aug. 8, 2008]

1. No reasonable suspicion to stop

January 29, 2008-Tuesday-a.m.

State v. Christopher Brown, No. 96,862 (Shawnee)
State's appeal (petition for review)
Cindy K. Sewell
[Affirmed; Rosen; May 16, 2008]

1. Suppression of confession

January 29-Tuesday-p.m.

State v. Glenn Heath, No. 97,119 (Shawnee)
Motion to Correct Illegal Sentence; Felony murder
Michael S. Holland
[Affirmed; Davis; March 28, 2008]

1. Failure to resentence after appellate reversal of consecutive sentence

State v. Randy Johnson, No. 96,681 (Douglas)
Direct appeal (transfer); Attempted Second-degree Murder
Kari R. Nelson
[Aff'd in part, rev'd in part and remanded; Luckert; Aug. 1, 2008]

1. Improper admission of prior consistent statements
2. Suppression of confession

January 30, 2008-Wednesday-a.m.

State v. Timothy Bryant, No. 95,945 (Wyandotte)
Direct appeal; Felony murder
B. Joyce Yeager
[Affirmed; Nuss; March 28, 2008]

1. Prosecutorial misconduct
2. Improper admission of prior bad act evidence
3. Gruesome photographs
4. Improper elements instruction and jury question response
5. Failure to appoint substitute counsel

State v. Arthur Herron, No. 96,081 (Wyandotte)
Direct appeal; Felony murder
Korey A. Kaul
[Affirmed; Beier; Aug. 15, 2008]

1. Insufficient evidence
2. Failure to instruct on self-defense
3. Failure to instruct on lessers

State v. Jackie Poulton, No. 95,353 (Reno)
Direct appeal (petition for review); Manufacture et al.
Shawn E. Minihan
[Reversed and remanded; Rosen; April 4, 2008]

1. Suppression of evidence from search based on implied consent

January 30, 2008-Wednesday-p.m.

State v. William Scaife, No. 97,183 (Wyandotte)
Direct appeal; First-degree murder et al.
Janine A. Cox
[Aff'd in part, rev'd in part; Johnson; July 3, 2008]

1. Failure to give lesser
2. Sufficiency
3. Prosecutorial misconduct (vouching)

State v. Bobby Hemphill, No. 95,209 (Reno)
Motion to Appeal Out of Time (petition for review); Possession w/intent w/1000ft
Patrick H. Dunn
[Reversed and remanded; Davis; July 3, 2008]

1. Failure to allow out of time appeal

State v. Ramon Fewell, No. 95,041 (Shawnee)
Direct appeal (petition for review)
Carl A. Folsom, III
[Affirmed; Davis; May 30, 2008]

1. Suppression of evidence from search of person based on smell of marijuana
2. Improper questions illiciting witness' opinion about defendant's veracity