January 2010 KSC Docket

Here are the criminal cases on the KSC docket for January 25-28, 2010. 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.

January 25--Monday--a.m.

State v. Joshua Stone, No. 100,076 (Sedgwick)
Direct appeal; Agg Indecent Liberties (Jessica's Law)
Ryan Eddinger
[Reversed and remanded; Rosen; August 20, 2010]

1. Prosecutorial misconduct
2. Failure to suppress statements

State v. Kevin Labelle, No. 98,136 (Sedgwick)
Sentencing appeal (petition for review)
Rachel L. Pickering
[Affirmed/vacated/remanded; Nuss; May 28, 2010]

1. Improper use of juvenile for persistent sex offender finding

State v. Reginald Johnson, No. 100,544 (Sedgwick)
Direct appeal; First-degree murder
Lydia Krebs
[Affirmed; Davis; August 6, 2010]

1. Failure to give lesser instruction on voluntary manslaughter

January 26--Tuesday--a.m.

State v. Jeffery Nelson, No. 101,064 (McPherson)
Direct appeal; First-degree murder
Meryl Carver-Allmond
[Affirmed/reversed; Biles; Nov. 19, 2010]

1. Failure to give imperfect self-defense instruction
2. Improper intent and premeditation instructions
3. Improper admission of prior bad act evidence
4. District court used improper standard for evidence for hard-50

January 27--Wednesday--a.m.

State v. Ruby Thomas, No. 98,123 (Geary)
Direct appeal (petition for review); Possession
Carl Folsom, III
[Reversed; Nuss; Jan. 21, 2011]

1. Failure to suppress evidence
2. Statutory speedy trial violation


3. Confrontation Clause (Laturner)

State v. Tabitha Bonner, No. 98,430 (Montgomery)
Sentencing appeal (petition for review)
Carl Folsom, III
[Affirmed; Luckert; March 5, 2010]

1. Failure to consider Labette
2. BIDS administrative fees