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]
- Jurisdiction to prosecute juvenile in adult court
Direct appeal (petition for review); Burglary
Matthew J. Edge
[Affirmed; Nuss; April 4, 2008]
- Is entry into an unfinished structure burglary
Direct appeal; First-degree Murder
Jessica R. Kunen
[Affirmed; Johnson; May 16, 2008]
- Prosecutorial misconduct (disparaging counsel, improper questions/argument)
- Error in showing jury photograph during deliberations
- Failure to allow substitute counsel after conflict developed
- Admission of improperly prejudicial evidence
- Violations of in limine orders
Motion to Correct Illegal Sentence (transfer); Aggravated Battery
Carl A. Folsom, III
[Dismissed as moot; Sept. 3, 2008]
- 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]
- 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]
- No reasonable suspicion to stop
State v. Christopher Brown, No. 96,862 (Shawnee)
State's appeal (petition for review)
Cindy K. Sewell
[Affirmed; Rosen; May 16, 2008]
- Suppression of confession
State v. Glenn Heath, No. 97,119 (Shawnee)
Motion to Correct Illegal Sentence; Felony murder
Michael S. Holland
[Affirmed; Davis; March 28, 2008]
- Failure to resentence after appellate reversal of consecutive sentence
Direct appeal (transfer); Attempted Second-degree Murder
Kari R. Nelson
[Aff'd in part, rev'd in part and remanded; Luckert; Aug. 1, 2008]
- Improper admission of prior consistent statements
- 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]
- Prosecutorial misconduct
- Improper admission of prior bad act evidence
- Gruesome photographs
- Improper elements instruction and jury question response
- Failure to appoint substitute counsel
Direct appeal; Felony murder
Korey A. Kaul
[Affirmed; Beier; Aug. 15, 2008]
- Insufficient evidence
- Failure to instruct on self-defense
- Failure to instruct on lessers
Direct appeal (petition for review); Manufacture et al.
Shawn E. Minihan
[Reversed and remanded; Rosen; April 4, 2008]
- Suppression of evidence from search based on implied consent
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]
- Failure to give lesser
- Sufficiency
- Prosecutorial misconduct (vouching)
Motion to Appeal Out of Time (petition for review); Possession w/intent w/1000ft
Patrick H. Dunn
[Reversed and remanded; Davis; July 3, 2008]
- Failure to allow out of time appeal
Direct appeal (petition for review)
Carl A. Folsom, III
[Affirmed; Davis; May 30, 2008]
- Suppression of evidence from search of person based on smell of marijuana
- Improper questions illiciting witness' opinion about defendant's veracity