September 14--Monday--a.m.
State v. Gayl Northcutt, No. 99,600 (Wyandotte)
Direct appeal; First-degree murder/conspiracy
Meryl Carver-Allmond
[Affirmed; Luckert; Feb. 26, 2010]
- Insufficient evidence to support conspiracy conviction
- Failure to give voluntary manslaughter instruction
Direct appeal; First-degree murder/rape
Janine Cox
[Affirmed; Nuss; Jan. 21, 2011]
- Confrontation Clause violation
- Insufficient evidence
- Improper admission of video tape
- Gruesome photographs
- Prosecutorial misconduct
- Improper imposition of hard-50
Sentencing appeal
Christina M. Waugh
[Reversed and remanded; Davis; Oct. 9, 2009]
- Failure to impose probation and drug treatment under statute
Sentencing appeal (petition for review)
Jessica J. Travis
[Reversed; Johnson; August 20, 2010]
- Improperly impanelling jury for upward departure after plea
- Fiduciary relationship as aggravating factor is vague
- Fiduciary relationship not a proper aggravating factor
- Improper admission of evidence during upward departure hearing
- Improper admission of videotape of child
- Improper jury instructions
- Sufficiency of evidence of aggravating factor
- Failure to allow admission of mitigating evidence to jury
- Evidence of fiduciary relationship not substantial and compelling
September 15--Tuesday--a.m.
State v. Israel Reyna, No. 100,000 (Saline)
Direct appeal; Agg Indecent Liberties (Jessica's Law)
Rachel L. Pickering
[Affirmed; Rosen; June 11, 2010]
- Insufficient evidence to support convictions
- Failure to charge and instruct on age of defendant
- Improper admission of therapist testimony
- Improper limitation of defense voir dire
State appeal (petition for review)
Janine Cox
[Affirmed; Beier; Sept. 24, 2010]
- Sufficiency of evidence for agg escape from custody charge
Direct appeal (petition for review); Criminal threat/assault
Matthew J. Edge
[Affirmed; Nuss; October 30, 2009]
- Failure to give self-defense instruction
Direct appeal; Attempted rape (Jessica's Law)
Korey A. Kaul
[Affirmed; Biles; July 30, 2010]
- Improper exclusion of prior allegations of abuse
- Improper instruction on attempt
- Insufficient evidence of attempt
- Improper admission of videotape interview of child
- Prosecutorial misconduct
- Failure to instruct on age of defendant
September 16--Wednesday--a.m.
State v. Dorian Richardson, No. 98,572 (Wyandotte)
Direct appeal (petition for review); Fleeing and eluding
Rick Kittel
[Reversed and remanded; Rosen; February 19, 2010]
- Failure to instruct and define predicate moving violations
- Failure to limit jury's consideration of certain moving violations
- Failure to instruct on moving violations as lesser included offenses
- Convictions for moving violations are multiplicitous
- Potential reliance on acts not charged in complaint
- Failure to appoint new counsel
September 17--Thursday--a.m.
State v. Andrew Ellmaker, No. 99,110 (Johnson)
Direct appeal; First-degree murder
Carl Folsom III
[Affirmed; Luckert; Dec. 4, 2009]
- Improper definition of intentional and premeditated murder
- Improper Allen instruction
- No waiver of jury determination of adult certification
- Failure to give notice of hard-50 aggravating factor
- Improper adult certification
September 18-Friday--a.m.
State v. Jason Sandberg, No. 100,037 (Shawnee)
Direct appeal (transfer); Electronic solicitation
Shawn E. Minihan
[Affirmed; Luckert; July 23, 2010]
- Severity level classification of electronic solicitation
Direct appeal; Rape/Agg Crim Sodomy/Agg Indecent Liberties
Carl Folsom III
[Reversed and remanded; Beier; July 16, 2010]
- Improper amendment of complaint
- Prosectorial misconduct
- Improper admission of prior bad acts
- Failure to instruct on element of crime (rape)
- Improper exclusion of defense evidence regarding veracity of witness
- Improper admission of SRS worker testimony
- Agg indecent liberties with a child as lesser of rape
- Sufficiency of evidence
- Improper Allen type instruction
1 comment:
Thanks for sharing. Great post
Post a Comment