Monday, May 04, 2009

May 2009 KSC docket

Here are the criminal cases on the KSC docket for May 11-15, 2009. 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.

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]

  1. Use of juvenile to classify as persistent sex offender
State v. Gerald Gonzales, No. 99,657 (Sedgwick)
Direct appeal; Rape/Agg Indecent Liberties (Jessica's Law)
Rachel L. Pickering
[Aff/Rvd in part; Luckert; July 24, 2009]

  1. Failure to charge and instruct on element of crime
  2. Insufficient evidence
  3. Ineffective assistance of counsel
State v. Ronnie Morlock, No. 97,447 (Sedgwick)
Direct appeal (petition for review); Possession with Intent to Sell
Mark T. Schoenhofer
[Affirmed; Nuss; November 6, 2009]
  1. Fourth Amendment
State v. Karlan Ransom, No. 99,794 (Sedgwick)
Direct appeal; First-degree murder
Nancy Ogle
[Affirmed; Beier; July 24, 2009]

  1. Fourth Amendment
  2. Improper admission of irrelvant evidence
  3. 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]

  1. Sentencing procedure
State v. Christopher Case, No. 98,077 (Dickinson)
Sentencing appeal (petition for review)
Christina M. Waugh
[Reversed and remanded; Nuss; August 7, 2009]

  1. 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]

  1. Sufficiency of instructions on age of defendant
  2. Prosecutorial misconduct
State v. Jerry Trussell, No. 99,411 (Butler)
Direct appeal; First-degree murder
Michael C. Brown
[Affirmed; Johnson; August 21, 2009]

  1. Sufficiency of evidence
  2. Admission of confession
  3. 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]
  1. Imposition of fines without consideration of ability to pay
State v. Michael Houston, No. 98,373 (Wyandotte)
Direct appeal (petition for review); Second-degree murder
Carl Folsom
[Affirmed; Nuss; August 19, 2009]

  1. Improper denial of witness prior bad acts
  2. Improper admission of evidence about incarceration at Larned
  3. Improper admission of hearsay
  4. Failure to instruct on involuntary manslaughter
Lisa Boldridge v. State, No. 97,652 (Atchison)
K.S.A. 60-1507 appeal (petition for review)
Jean K. Gilles Phillips
[Aff'd/Rvd; Davis; Sept. 11, 2009]

  1. Ineffective assistance of counsel
State v. Harry White, No. 100,264 (Saline)
Motion to withdraw plea; Agg indecent liberties (Jessica's Law)
Carl Folsom
[Reversed and remanded; Luckert; July 17, 2009]

  1. 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]
  1. BIDS application fee

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