May 12, 2008-Monday-a.m.
State v. Ruben Warledo, No. 97,759 (Sedgwick)
Direct appeal; First-degree murder
Randall L. Hodgkinson (argue), Jennifer E. Conkling (brief)
[Affirmed; Luckert; Aug. 8, 2008]
- Improper admission of confession
- Improper admission of videotape including invocation of right to counsel
- Improper admission of prior bad acts
- Gruesome photographs
- Prosecutorial misconduct in re comment on premeditation
- Hard 50 sentencing issues
Habeas appeal (transfer)
Rhonda K. Levinson
[Affirmed; Johnson; Sept. 5, 2008]
- Immunity under self-defense statute
Habeas appeal (transfer)
Michael P. Whalen
[Sentence vacated and remanded; per curiam (unpublished)]
- Ineffective assistance of appellate counsel in re McAdam issue
May 12, 2008-Monday-p.m.
State v. Hector Gallegos, No. 98,949 (Rice)
Direct appeal; First-degree murder
Randall L. Hodgkinson (argue); Jennifer E. Conkling (brief)
[Affirmed; Davis; Aug. 1, 2008]
- Failure to instruct on lesser
- Improper burden of proof instruction
Probation revocation appeal (petition for review)
Rachel L. Pickering (argue); Jay Witt (brief)
[Affirmed; Luckert; Oct. 31, 2008]
- State's waiver of revocation by delay
May 13, 2008-Tuesday-a.m.
State v. Patrick Angelo, No. 96,175 (Wyandotte)
Direct appeal; First-degree murder
Michael J. Bartee
[Affirmed; Nuss; Dec. 5, 2008]
- Statutory speedy trial violation
- Batson violation
- Failure to instruct on lesser of second-degree
- Improper finding that defendant introduced character evidence
- Failure to grant mistrial
- Improper admission of tape after witness excused
Direct appeal; First-degree murder
Korey A. Kaul
[Affirmed; Johnson; Sept. 5, 2008]
- Judicial misconduct in re consulting lay persons on instruction
- Insufficient evidence
- Apprendi error for judge to certify for adult prosecution
- Presumption of prosecution as adult violates Due Process
State appeal from finding statute unconstitutional
Janine Cox
[Reversed; Rosen; July 25, 2008]
- Offender registration statute is Ex Post Facto
May 14, 2008-Wednesday-a.m.
State v. Brenton Cook, No. 97,440 (Saline)
Direct appeal; First-degree murder
Christina M. Waugh
[Affirmed; Johnson; September 5, 2008]
- Insufficient evidence
- Failure to give self-defense instruction
- Failure to give manslaughter instruction
- Failure to give unanimity instruction
- Improper admission of bad acts evidence
Direct appeal; Capital murder
Reid T. Nelson
[Affirmed; Beier; Oct. 24, 2008]
- Failure to give manslaughter instruction
- Failure to give voluntary intoxication instruction
- Improper exclusion of defense expert in re intoxication
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