Here are the criminal cases on the KSC docket for
September 13-17, 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.
September 13--Monday--a.m.
State v. Pedro Torres, No. 101,285 (Sedgwick)
Direct appeal; Rape
Reid T. Nelson
[Rev'd/Rmd; Leben; April 6, 2012]
- Improper prior bad acts evidence
- Failure to give unanimity instruction
- Improper sentencing as aggravated habitual sexual offender
- Cruel and unusual punishment
- Improper Allen instruction
State v. Jared Race, No. 101,545 (Reno)
Direct appeal; Rape/Agg indecent liberties
Ryan J. Eddinger
[Affirmed; Beier; Sept. 2, 2011]
- Improper admission of hearsay
- Improper prior acts evidence
- Failure to grant new trial after juror saw defendant in shackles
- Failure to instruct on age of defendant
State v. Cherish McCullough, No. 101,041 (Sedgwick)
Direct appeal; First-degree murder
Richard Ney
[Affirmed; Biles; March 2, 2012]
- Failure to give self-defense instruction
- Failure to give involuntary manslaughter instruction
- Prosecutorial misconduct
- Denial of Batson challenge
- Denial of jury challenges for cause
- Exclusion of evidence of threats
- Denial of fair trial by outbursts from spectators
September 14--Tuesday--a.m.
State v. Sterling Hall, No. 102,070 (Shawnee)
Direct appeal; First-degree murder
Rachel L. Pickering
[Affirmed; Caplinger; August 12, 2011]
- Prosecutorial misconduct
- Failure to give lesser included offense instruction
- Insufficient evidence
State v. William Jolly, No. 101,512 (Saline)
Sentencing appeal
Carl Folsom, III
[Vacated; Nuss; March 18, 2011]
- Improper guidelines sentence
- No authority to order lifetime electronic monitoring
September 15--Wednesday--a.m.
State v. Michael Mitchell, No. 99,163 (Sedgwick)
Direct appeal (petition for review); Aggravated robbery
Ryan J. Eddinger
[Affirmed; Biles; May 11, 2012]
- Improper use of out-of-date eyewitness ID instruction
- Failure to suppress eyewitness ID
State v. Charles Smith, No. 99,655 (Douglas)
Direct appeal (petition for review); Robbery
Meryl Carver-Allmond
[
Reversed; Johnson; Feb. 11, 2011]
- Improper denial of appointed counsel's motion to withdraw
- Improper cop testimony in re ID of person on video
State v. George Sitlington, No. 99,266 (Franklin)
Direct appeal (petition for review); Rape
Korey A. Kaul
[Affirmed; Rosen; Nov. 19, 2010]
- Improper jury instruction outside of statute of limitations
- Improper rebuttal evidence
State v. Kevin Gatlin, No. 99,091 (Anderson)
Direct appeal (petition for review); Aggravated battery
Darrell L. Smith
[
Reversed; Beier; June 24, 2011]
- Failure to give lesser-included offense instructions
State v. Julie Stieben, No. 99,446 (Ford)
Direct appeal (petition for review); DUI
Christina M. Waugh
[
Rv'd/Rmd; Rosen; Juluy 29, 2011]
- Improper stop
- Improper arrest
- Prosecutorial misconduct
- Improper answer to jury question
- Biased judge
September 16--Thursday--a.m.
State v. Joseph Jones, Jr., No. 97,696 (Wyandotte)
Direct appeal (petition for review); Agg criminal sodomy
Matthew J. Edge
[Affirmed; Johnson; Nov. 9, 2012]
- Confrontation Clause violation
- Insufficient evidence of alternative means
- Failure to give lesser-included offense instruction
State v. Yvonne Ward, No. 99,549 (Seward)
Direct appeal (petition for review); Distribution/Conspiracy
Nancy Ogle
[Affirmed; Luckert; July 29, 2011]
- Insufficient evidence
- Allowing persons in jail clothing to sit in courtroom for ID purposes
State v. Maurice Walker, No. 99,457 (Wyandotte)
Direct appeal (petition for review); Possession
Ryan J. Eddinger
[Affirmed; Nuss; April 1, 2011]
- Improper seizure and detention
September 17--Friday--a.m.
State v. Daniel Perez, No. 100,682 (Wyandotte)
Direct appeal; Felony murder
Korey A. Kaul
[Affirmed; Malone; March 23, 2012]
- Improper adult prosecution certification
- Improper Allen instruction
- Failure to give lesser-included offense instruction