September 2009 KSC docket

Here are the criminal cases on the KSC docket for September 14-18, 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.

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]

1. Insufficient evidence to support conspiracy conviction
2. Failure to give voluntary manslaughter instruction

State v. Billy McCaslin, No. 99,628 (Sedgwick)
Direct appeal; First-degree murder/rape
Janine Cox
[Affirmed; Nuss; Jan. 21, 2011]

1. Confrontation Clause violation
2. Insufficient evidence
3. Improper admission of video tape
4. Gruesome photographs
5. Prosecutorial misconduct
6. Improper imposition of hard-50

State v. Randy Andelt, No. 98,655/98,699 (Washington)
Sentencing appeal
Christina M. Waugh
[Reversed and remanded; Davis; Oct. 9, 2009]

1. Failure to impose probation and drug treatment under statute

State v. Jerry Horn, No. 97,872 (Johnson)
Sentencing appeal (petition for review)
Jessica J. Travis
[Reversed; Johnson; August 20, 2010]

1. Improperly impanelling jury for upward departure after plea
2. Fiduciary relationship as aggravating factor is vague
3. Fiduciary relationship not a proper aggravating factor
4. Improper admission of evidence during upward departure hearing
5. Improper admission of videotape of child
6. Improper jury instructions
7. Sufficiency of evidence of aggravating factor
8. Failure to allow admission of mitigating evidence to jury
9. 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]

1. Insufficient evidence to support convictions
2. Failure to charge and instruct on age of defendant
3. Improper admission of therapist testimony
4. Improper limitation of defense voir dire

State v. Kristie Urban, No. 98,856 (Johnson)
State appeal (petition for review)
Janine Cox
[Affirmed; Beier; Sept. 24, 2010]

1. Sufficiency of evidence for agg escape from custody charge

State v. Rodney Hendrix, No. 97,323 (Johnson)
Direct appeal (petition for review); Criminal threat/assault
Matthew J. Edge
[Affirmed; Nuss; October 30, 2009]

1. Failure to give self-defense instruction

State v. Miguel Martinez, No. 100,175 (Wyandotte)
Direct appeal; Attempted rape (Jessica's Law)
Korey A. Kaul
[Affirmed; Biles; July 30, 2010]

1. Improper exclusion of prior allegations of abuse
2. Improper instruction on attempt
3. Insufficient evidence of attempt
4. Improper admission of videotape interview of child
5. Prosecutorial misconduct
6. 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]

1. Failure to instruct and define predicate moving violations
2. Failure to limit jury's consideration of certain moving violations
3. Failure to instruct on moving violations as lesser included offenses
4. Convictions for moving violations are multiplicitous
5. Potential reliance on acts not charged in complaint
6. 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]

1. Improper definition of intentional and premeditated murder
2. Improper Allen instruction
3. No waiver of jury determination of adult certification
4. Failure to give notice of hard-50 aggravating factor
5. 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]

1. Severity level classification of electronic solicitation

State v. Raul Magallanez, No. 99,694 (Lyon)
Direct appeal; Rape/Agg Crim Sodomy/Agg Indecent Liberties
Carl Folsom III
[Reversed and remanded; Beier; July 16, 2010]

1. Improper amendment of complaint
2. Prosectorial misconduct
3. Improper admission of prior bad acts
4. Failure to instruct on element of crime (rape)
5. Improper exclusion of defense evidence regarding veracity of witness
6. Improper admission of SRS worker testimony
7. Agg indecent liberties with a child as lesser of rape
8. Sufficiency of evidence
9. Improper Allen type instruction