September 2010 KSC docket

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]

1. Improper prior bad acts evidence
2. Failure to give unanimity instruction
3. Improper sentencing as aggravated habitual sexual offender
4. Cruel and unusual punishment
5. 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]

1. Improper admission of hearsay
2. Improper prior acts evidence
3. Failure to grant new trial after juror saw defendant in shackles
4. 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]

1. Failure to give self-defense instruction
2. Failure to give involuntary manslaughter instruction
3. Prosecutorial misconduct
4. Denial of Batson challenge
5. Denial of jury challenges for cause
6. Exclusion of evidence of threats
7. 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]

1. Prosecutorial misconduct
2. Failure to give lesser included offense instruction
3. Insufficient evidence

State v. William Jolly, No. 101,512 (Saline)
Sentencing appeal
Carl Folsom, III
[Vacated; Nuss; March 18, 2011]

1. Improper guidelines sentence
2. 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]

1. Improper use of out-of-date eyewitness ID instruction
2. 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]

1. Improper denial of appointed counsel's motion to withdraw
2. 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]

1. Improper jury instruction outside of statute of limitations
2. 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]

1. 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]

1. Improper stop
2. Improper arrest
3. Prosecutorial misconduct
4. Improper answer to jury question
5. 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]

1. Confrontation Clause violation
2. Insufficient evidence of alternative means
3. 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]

1. Insufficient evidence
2. 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]

1. 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]

1. Improper adult prosecution certification
2. Improper Allen instruction
3. Failure to give lesser-included offense instruction