May 11--Monday--a.m.
State v. James Boyer, No. 98,763 (Sedgwick)
Sentencing appeal (petition for review)
Lydia Krebs
[Reversed and remanded; Rosen; June 19, 2009]
- Use of juvenile to classify as persistent sex offender
Direct appeal; Rape/Agg Indecent Liberties (Jessica's Law)
Rachel L. Pickering
[Aff/Rvd in part; Luckert; July 24, 2009]
- Failure to charge and instruct on element of crime
- Insufficient evidence
- Ineffective assistance of counsel
Direct appeal (petition for review); Possession with Intent to Sell
Mark T. Schoenhofer
[Affirmed; Nuss; November 6, 2009]
- Fourth Amendment
Direct appeal; First-degree murder
Nancy Ogle
[Affirmed; Beier; July 24, 2009]
- Fourth Amendment
- Improper admission of irrelvant evidence
- Improper inclusion of biased juror
May 12--Tuesday--a.m.
State v. David Easterling, No. 100,454 (Shawnee)
Sentencing appeal
Christopher M. Joseph
[Affirmed; Johnson; August 7, 2009]
- Sentencing procedure
Sentencing appeal (petition for review)
Christina M. Waugh
[Reversed and remanded; Nuss; August 7, 2009]
- Extension of post-release violates Apprendi
May 13--Wednesday--a.m.
State v. Gary Morningstar, No. 99,788 (Sumner)
Direct appeal; Rape (Jessica's Law)
Kirwin L. Spencer (argue), Rachel L. Pickering (brief)
[Aff/Rvd in part; Biles; August 14, 2009]
- Sufficiency of instructions on age of defendant
- Prosecutorial misconduct
Direct appeal; First-degree murder
Michael C. Brown
[Affirmed; Johnson; August 21, 2009]
- Sufficiency of evidence
- Admission of confession
- Improper leading questioning
May 14--Thursday--a.m.
State v. Darren Raschke, No. 98,861 (Rice)
Sentencing appeal (petition for review)
Carl Folsom
[Affirmed; Beier; October 20, 2009]
- Imposition of fines without consideration of ability to pay
Direct appeal (petition for review); Second-degree murder
Carl Folsom
[Affirmed; Nuss; August 19, 2009]
- Improper denial of witness prior bad acts
- Improper admission of evidence about incarceration at Larned
- Improper admission of hearsay
- Failure to instruct on involuntary manslaughter
K.S.A. 60-1507 appeal (petition for review)
Jean K. Gilles Phillips
[Aff'd/Rvd; Davis; Sept. 11, 2009]
- Ineffective assistance of counsel
Motion to withdraw plea; Agg indecent liberties (Jessica's Law)
Carl Folsom
[Reversed and remanded; Luckert; July 17, 2009]
- Withdrawal of plea where defendant inaccurately advised of maximum penalty
May 15--Friday--a.m.
State v. Cynthia Casady, No. 99,023 (Doniphan)
Sentencing appeal (petition for review)
Shawn E. Minihan
[Affirmed; Rosen; June 26,2009]
- BIDS application fee
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