October 2008 KSC docket

Here are the criminal cases on the KSC docket for October 14-17, 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.

October 14, 2008-Tuesday-a.m.

State v. Jason Overstreet, No. 95,682 (Sedgwick)
Direct appeal (petiton for review); Attempted first degree murder
Michelle Davis
[Reversed and remanded; Davis; Jan. 30, 2009]

1. Improper instruction and argument on aiding and abetting
2. Improper conduct of jury after case submitted
3. Ineffective assistance of counsel
4. Multiplicity of alternative charges

State v. Carl Howard, No. 98,976 (Sedgwick)
Motion to correct illegal sentence; Aggravated kidnapping
Carl Maughan
[Affirmed; Nuss; Dec. 19, 2008]

1. Improper summary denial of motion to correct illegal sentence

State v. Robert Phillips, No. 96,754 (Sedgwick)
State v. Alan Wenzel, No. 97,548 (Reno)
Direct appeals (consolidated) (petitions for review)
Carl Folsom, III & Christina M. Waugh
[Affirmed; Luckert; June 19, 2009]

1. Failure to announce court costs and other fees at sentencing

State v. David Woodward, No. 99,280 (Sedgwick)
Motion to vacate plea and dismiss indictment
Carl Maughan
[Affirmed; Johnson; March 6, 2009]

1. Constructive breach of plea agreement

October 14, 2008-Tuesday-p.m.

State v. Gregory Walls, No. 98,260 (Shawnee)
Motion to correct illegal sentence
Johathan B. Phelps (argue); B. Joyce Yeager (brief)
[Affirmed; per curiam; Dec. 5, 2008]

1. Speedy trial violation

State v. Robert Jones, Jr., No. 97,992 (Lyon)
Direct appeal (petition for review); Sale
Heather Cessna (argue); Sarah Morrison (brief)
[Voluntary dismissal Oct. 14, 2008]

1. Failure to consider Labette

State v. Larry Bee, Jr., No. 97,677 (Labette)
Probation violation appeal (petition for review); Possession
Rachel Pickering
[Affirmed; Rosen; May, 2009]

1. Failure to consider Labette

October 15, 2008-Wednesday-a.m.

State v. Jay Decker, No. 98,226 (Douglas)
Direct appeal; First degree murder
Kari Nelson
[Affirmed; Johnson; March 13, 2009]

1. Gruesome photos
2. Improper admission of prior bad acts
3. Failure to allow defense to question witness
4. Prosecutorial misconduct
5. Failure to give accomplice instruction
6. Cumulative error

State v. Galen Youngblood, No. 96,850 (Harvey)
Direct appeal (petition for reveiw); Possession
Michelle Davis
[Reversed and remanded; Johnson; May 8, 2009]

1. Improper enhancement based on invalid prior conviction

October 15, 2008-Wednesday-p.m.

State v. Ryan Schultz, No. 98,727 (Shawnee)
State appeal (petition for review)
Thomas Lemon
[Aff/Rvd in part; Beier; July 24, 2009]

1. Suppression of statements

October 16, 2008-Thursday-a.m.

State v. Walter Anderson, No. 97,420 (Wyandotte)
Direct appeal; First degree murder
Michael J. Bartee
[Affirmed; Nuss; Dec. 5, 2008]

1. Failure to give compulsion instruction
2. Improper admission of dying declarations
3. Improper instruction on presumption of innocence

State v. Merle Vaughn, No. 98,840 (Wyandotte)
State appeal (transfer); Conspiracy to commit official misconduct
Edward Gillette
[Reversed and remanded; Davis; Jan. 30, 2009]

1. Speedy trial violation

Christopher Trotter v. State, No. 98,563 (Wyandotte)
K.S.A. 60-1507 appeal; Capital murder
Rebecca E. Woodman
[Aff'd in part, rev'd in part; Luckert; Jan. 30, 2009]

1. Multiplicity between capital murder and first degree murder

State v. Carl Cofield, No. 98,133 (Wyandotte)
Direct appeal; First degree murder
Rachel Pickering
[Affirmed; Rosen; March 27, 2009]

1. Suppression of statements
2. Improper aiding and abetting instruction
3. Improper Allen type instructions
4. Improper instructon on burden of proof

De Andre Harris v. State, No. 98,845 (Wyandotte)
K.S.A. 60-1507 appeal (transfer); First degree murder
Christopher Cuevas (argue); B. Joyce Yeager (brief)
[Affirmed; Rosen; March 27, 2009]

1. Ineffective assistance of counsel