October 2010 KSC docket

Here are the criminal cases on the KSC docket for October 25-29, 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. 

October 25--Monday--a.m.

State v. Phouthavy Chanthaseng, No. 101,346 (Sedgwick)
Direct appeal; Agg Indecent Liberties (Jessica's Law)
Lydia Krebs
[Affirmed; Beier; Sept. 9, 2011]

• Insufficient evidence of age of defendant
• Improper exclusion of defense testimony
• Prosecutorial misconduct

State v. Andre Bailey, No. 101,785 (Sedgwick)
Direct appeal; Felony murder
Michael P. Whalen
[Affirmed; Rosen; July 15, 2011]

• Improper adult certification
• Improper instructions re felony murder and underlying felonies
• District court improperly forced witnesses to testify

State v. David Holman, No. 101,204 (Sedgwick)
Direct appeal; Agg indecent liberties (Jessica's Law)
Randall L. Hodgkinson
[Aff'd/Rv'd/Rmd; Buser; August 24, 2012]

• Improper bad acts evidence
• Improper exclusion of impeachment evidence
• Improper prevention of cross-examination of complaining witness
• Improper amendment of complaint
• Insufficient evidence of age of defendant

October 26--Tuesday--a.m.

State v. Taurus Adams, No. 101,432 (Wyandotte)
Direct appeal; First degree murder
Meryl Carver-Allmond
[Affirmed; Luckert; April 15, 2011]

• Prosecutorial misconduct
• Improper order of lesser-included offense instructions
• Improper instructions on intent and premeditation

State v. Charles Denmark-Wagner, No. 102,234 (Pratt)
Sentencing appeal
Heather Cessna
[Aff'd/Vac'd; Beier; August 12, 2011]

• Improper failure to allow withdrawal of plea

October 27--Wednesday--a.m.

State v. Calvin Brown, No. 100,881 (Wyandotte)
Direct appeal; Agg indecent liberties (Jessica's Law)
Matthew J. Edge
[Aff'd/Vac'd; Brazil; Jan. 7, 2011]

• Improper admission of prior consistent statements
• Failure to instruct on voluntary intoxication
• Improper deadlocked jury instruction before deliberations
• Failure to instruct jury on age of defendant

State v. John Meili, No. 101,810 (Saline)
Sentencing appeal
Carl Folsom, III
[Remanded (unpublished); Rosen; Dec. 10, 2010]

• Disproportionality of life sentence
• Failure to grant downward departure

State v. Terrance Kelly, No. 100,006 (Johnson)
Plea withdrawal appeal
Meryl Carver-Allmond
[Remanded; Biles; Dec. 10, 2010]

• Failure to allow withdrawal of plea

October 28--Thursday--a.m.

State v. Rolland Berreth, No. 99,937 (Butler)
Sentencing appeal (petition for review)
Michael P. Whalen
[Rvd/Rmd; Nuss; April 6, 2012]

• Jurisdiction to resentence after Court of Appeals mandate

October 29--Friday--a.m.

State v. James Malstrom, No. 101,604 (Reno)
Sentencing appeal
Carl Folsom, III (brief); Merly Carver-Allmond (argue)
[Vac'd/Rmd; Nuss; March 25, 2011]

• Improper calculation of severity level in Jessica's Law departure

State v. Anthony Divine, No. 102,907 (Montgomery)
Appeal from registration order
Sara S. Beezley
[Reversed; Johnson; Jan. 28, 2011]

• Registration requirement after expungement

State v. Phillip Cheatham, No. 95,800 (Shawnee)
Direct appeal; Captial murder
John Val Wachtel, Paul Oller
[Rvd/Rmd; Biles; Jan. 25, 2013]

• Ineffective assistance of counsel at guilt phase