May 3--Monday--a.m.
State v. Isaac Duncan, No. 99,463 (Sedgwick)
Sentencing appeal (petition for review)
Sarah Morrison (brief); Heather Cessna (argue)
[Reversed; Biles; Nov. 19, 2010]
- Improper upward durational departure after guilty plea
K.S.A. 22-2512 appeal (petition for review)
Janine Cox
[Reversed; Beier; July 1, 2011]
- Improper dismissal of K.S.A. 22-2512 (DNA) petition before complete testing
May 4--Tuesday--a.m.
State v. Luther Kemble, No. 100,824 (Sedgwick)
Direct appeal; Agg Indecent Liberties
Carl Folsom, III
[Reversed and remandedl; Johnson; September 3, 2010]
- Improper judicial comment on credibility of witness
- Prosecutorial misconduct (Doyle violation)
- Failure to charge or instruct on age of defendant
Direct appeal; Rape/Agg Indecent Liberties
Rachel L. Pickering
[Affirmed; Malone; July 23, 2010]
- Failure to give unanimity instruction
- Failure to charge or instruct on age of defendant
- Failure to give agg indecent liberties as lesser
- Improper Allen instruction
Direct appeal; Rape/Agg Crim Sodomy
Christina M. Waugh
[Aff'd/Vacated; Luckert; Dec. 10, 2010]
- Improper admission of prior sexual misconduct
- Improper denial of request for psychological exam of complaining witness
- Improper denial of evidence of sexual misconduct by another
May 5--Wednesday--a.m.
Michael Mattox v. State, No. 101,078 (Shawnee)
State appeal (transfer)
Jean K. Gilles Phillips
[Reversed; Rosen; Dec. 20, 2011]
- Ineffective assistance of appellate counsel
Sentencing appeal
Heather Cessna
[Affirmed in part/reversed in part; Biles; June 25, 2010]
- Failure to allow motion to withdraw plea
- Improper no contact order as part of sentence
- Failure to grant downward departure
Direct appeal; Felony murder/kidnapping
Jessica R. Kunen
[Affirmed; Rosen; July 9, 2010]
- Improper admission of hearsay statements
- Prosecutorial misconduct
- Insufficient evidence of kidnapping
- Failure to give unanimity instruction
- Failure to give lesser for unintentional second-degree murder
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