December 2008 KSC Docket

Here are the criminal cases on the KSC docket for December 2-4, 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.

December 2--Tuesday--a.m.

State v. Kendrall Ransom, No. 99,281 (Sedgwick)
Direct appeal; First degree murder
Carl Maughan
[Affirmed; Beier; May 15, 2009]

1. Denial of suppression of statements
2. Improper admission of co-defendant hearsay
3. Failure to instruct on proximate cause
4. Failure to grant mistrial after in limine violation
5. Improper amendment of complaint after state rested
6. Sufficiency of evidence

State v. Kendrick Gracey, No. 99, 310 (Sedgwick)
Direct appeal; Aggravated indecent liberties with a child
Carl Folsom III
[Reversed and remanded; Rosen; Feb. 6, 2009]

1. Failure to consider downward dispositional departure

December 2--Tuesday--p.m.

State v. James Thomas, No. 99,711 (Sedgwick)
Direct appeal; Aggravated indecent liberties with a child
Rachel Pickering
[Affirmed; Luckert; Jan. 30, 2009]

1. Disproportionate sentence
2. Failure to grant downward durational departure

State v. Alan Salts, No. 99,533 (Sedgwick)
Direct appeal; Indecent liberties with a child
Rick Kittel
[Affirmed; Beier; Feb. 6, 2009]

1. Improper deadlocked jury instruction

December 3--Wednesday--a.m.

State v. Nicholas Bennett, No. 98,038 (Dickinson)
Direct appeal (petition for review); Possession
Patrick H. Dunn
[Reversed and remanded; Davis; Jan. 30, 2009]

1. Improper probation condition in re searches

State v. Earl Brinklow, No. 96,231 (Barber)
Direct appeal (petition for review); Aggravated indecent liberties with a child
Patrick H. Dunn
[Reversed and remanded; Johnson; Jan. 30, 2009]

1. Failure to sequester witnesses
2. Prosecutorial misconduct
3. Sufficiency of evidence

State v. Wendell Leshay, No. 99,725 (Geary)
State's appeal
Janine Cox
[Reversed; Johnson; Aug. 28, 2009]

1. Constitutionality of statute admitting KBI reports at preliminary hearing

State v. Jeremy Wells, No. 99,813 (Riley)
Direct appeal; Criminal sodomy
Elizabeth Herbert
[Reversed and remanded; Nuss; Dec. 11, 2009]

1. Improper limitations of defense expert witness testimony
2. Improper admission of prior bad act evidence

December 3--Wednesday--p.m.

State v. Christopher Gant, No. 98,026 (Sedgwick)
Direct appeal; First degree murder
Matthew Edge
[Affirmed; Rosen; Jan. 30, 2009]

1. Denial of suppression of statements
2. Error to allow detective to sit at counsel table

State v. Tommy May, No. 98,708 (Sedgwick)
Motion to correct illegal sentence
Carl Maughan
[Affirmed; per curiam; Feb. 23, 2009]

1. Failure to appoint counsel for motion

December 4--Thursday--a.m.

State v. Aaron Valladarez, No. 99,724 (Ford)
Direct appeal (transfer); Possession
Christopher O'Hara
[Remanded; Luckert; May 8, 2009]

1. Jurisidiction of magistrate judge to take felony plea
2. Sufficiency of allocution

State v. Eric Hoffman, No. 98,394 (Greenwood)
Direct appeal; First degree murder
Korey Kaul
[Affirmed; Rosen; Jan. 30, 2009]

1. Failure to instruct on misdemeanor manslaughter
2. Sufficiency of evidence of proximate cause
3. Improper admission of prior bad act evidence
4. Improper admission of gruesome photographs