January 26-Monday-a.m.
State v. Sarah Fischer, No. 100,334 (Sedgwick)
Sentencing appeal (transfer)
Patrick H. Dunn
[Affirmed; Johnson; March 27, 2009]
- Use of juvenile adjudications in criminal history
Motion to correct illegal sentence
Carl F.A. Maughan
[Affirmed; per curiam; Feb. 13, 2009]
- Right to be present at hearing
- Multiplicity
Motion to correct illegal sentence
Carl F.A. Maughan
[Dismissed as interlocutory; Jan. 20, 2009]
- Improper summary denial of motion
January 26-Monday-p.m.
State v. Albert Richmond, 100,074 (Crawford)
Direct appeal; First degree murder
Christina M. Waugh
[Affirmed; Nuss; July 24, 2009]
- Improper state of mind evidence
- Improper admission of prior crimes if defendant took stand
- Improper prior bad act evidence
- Prosecutorial misconduct
January 27-Tuesday-a.m.
State v. Gabriel Martinez, No. 99,641 (Wyandotte)
Direct appeal; First degree murder
Reid T. Nelson
[Affirmed; Rosen; March 27, 2009]
- Jury misconduct/incompetence
- Ex parte communication between judge and juror
- Sentencing error
Direct appeal; Capital murder
Debra Wilson
[Aff'd/Rvd; Luckert; November 20, 2009]
- Multiplicity of capital murder and attempted rape
- Denial of suppression of statements
- Improper admission of computer-generated report without confrontation
- Improper expanded instruction on premeditation
- Improper use of mitigating evidence as a non-statutory aggravator
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