December 7--Monday--a.m.
State v. Michael Hughes, No. 98,716 (Sedgwick)
Sentencing appeal (petition for review)
Matthew J. Edge
[Aff'd/Rv'd; Rosen; Feb. 12, 2010]
- Insufficient showing of waiver of counsel for priors
- Improper enhancement of sentence based on priors not in complaint
Direct appeal; First-degree murder
Heather Cessna
[Rv'd/Rmd; Biles; July 22, 2011]
- Defense counsel abandoned client
- Failure to give lesser included offense instruction
- Failure to show causation
- Ineffective assistance of counsel
- Failure to give a requested causation instruction on felony murder
- Prosecutorial misconduct
State appeal
J. Ryan Hare, Jay Norton
[Reversed; Luckert; August 27, 2010]
- Certification of intoxilyzer
December 8--Tuesday--a.m.
State v. Candy Daniel, No. 101,622 (Butler)
Direct appeal (transfer); Possession
Randall L. Hodgkinson
[Affd; Biles; Nov. 19, 2010]
- Whether Gant error requires suppression
K.S.A. 60-1507 appeal
Gerald E. Wells
[Aff'd/Rv'd; Nuss; May 6, 2010]
- Failure to conduct evidentiary hearing on IAC claim
- Improper ban on future or prospective causes of action
Direct appeal; Jessica's Law
Rachel L. Pickering
[Affirmed; Johnson; Jan. 29, 2010]
- Improper prior bad act evidence limiting instruction
- Improper denial of downward departure
December 9--Wednesday--a.m.
State v. Tyrone Leaper, No. 98,403 (Wyandotte)
Direct appeal (petition for review); Second degree murder
Sarah Morrison (brief); Heather Cessna (argue)
[Affirmed; Nuss; September 3, 2010]
- Failure to declare mistrial after juror reported that a witness stole evidence during trial
- Improper admission of transcripts
State v. Jason Hughes, No. 101,959 (Lyon)(consolidated)
State appeal
Julia S. Spainhour, Stephen J. Atherton
[Affirmed; Johnson; March 9, 2012]
- Suppression of evidence after Kastigar hearing
Sentencing appeal (Jessica's Law)
Matthew J. Edge
[Affirmed; Davis; January 22, 2010]
- Mandatory minimum sentences violate Eighth Amendment
- Improper denial of downward departure
December 10--Thursday--a.m.
State v. Nathaniel Hill, No. 94,589 (Montgomery)
Direct appeal; Capital murder (life sentence)
Reid T. Nelson
[Affirmed; Beier; April 15, 2010]
- Failure to give lesser of voluntary manslaughter
- Batson error
- Gruesome photographs
- Improper admission of note without proper foundation
- Improper finding of competency to stand trial
State appeal
Razmi Tahirkheli
[Dismissed; Rosen; Jan. 29, 2010]
- Is expert testimony regarding delayed disclosure of child sex victims subject to Frye test
Direct appeal; First-degree murder
Ryan Eddigner
[Reversed and remanded; Nuss; Sept. 30, 2011]
- Improper exclusion of third-party evidence
- Failure to give lesser included offense instructions
- Improper admission of prior bad act evidence
- Prosecutiorial misconduct
Sentencing appeal (petition for review); DUI
Patrick H. Dunn
[Rv'd/Rmd; Luckert; Feb. 26, 2010]
- BIDS fees
- Mandatory $2500 fine imposed without findings
December 11--Friday--a.m.
State v. Harold Spencer, No. 101,077 (Shawnee)
State appeal
Carl Folsom, III
[Vac'd/rmd; Beier; March 18, 2011]
- What findings are required for downward dispositional departure in Jessica's Law case
- Downward durational departure
- Downward dispositional departure
- Legality of underlying sentence
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