Saturday, November 06, 2010

December 2010 KSC docket

Here are the criminal cases on the KSC docket for December 6, 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.

December 6--Monday--a.m.

State v. Chester Roberts, No. 100,233 (Reno)
State appeal (petition for review)
Randall L. Hodgkinson
[Affirmed; Luckert; Sept. 2, 2011]
  1. Effect of pretrial dismissal on merits
Melvin Holmes v. State, No. 100,666 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Reversed; Nuss; June 10, 2011]
  1. Ineffective assistance of appelllate counsel

December 7--Tuesday--a.m.

State v. Robert Johnson, No. 98,812 (Wyandotte)
Direct appeal (petition for review); Possession
Ryan J. Eddinger
[Reversed; Schmisseur; Sept. 2, 2011]
  1. Fourth Amendment violation (improper stop)

December 8--Wednesday--a.m.

State v. Michael Tully, No. 92,764 (Johnson)
Direct appeal (petition for review); Rape
Bob Thomas (brief); Rebecca Kurz (argue)
[Rvd/Rmd; Luckert; Sept. 23, 2011]
  1. Improper cross-examination of right to remain silent
  2. Improper jury instruction on rape (re: amount of force)
  3. Improper expert testimony re: lack of evidence
State v. Brian Gilbert, No. 100,150 (Shawnee)
Direct appeal (petition for review); Possession
Nancy Ogle
[Dismissed; July 15, 2011]
  1. Fourth Amendment violation (standing and good faith exception)
State v. James Simmons, No. 98,770 (Crawford)
Direct appeal (petition for review); Rape
Shawn E. Minihan
[Reversed; Nuss; July 8, 2011]
  1. Prosecutorial misconduct

December 9--Thursday--a.m.

State v. Christopher Hall, No. 102,203 (Shawnee)
Direct appeal; First-degree murder
Nancy Ogle
[Affirmed; Beier; Aug. 12, 2011]
  1. Competency to enter guilty plea
  2. Failure to inform of maximum penalty

December 10--Friday--a.m.

State v. John Horton, No. 101,054 (Johnson)
Direct appeal; First-degree murder
Lydia Krebs
[Appeal stayed/remanded; Rosen; July 15, 2011]
  1. Improper coercive jury instruction (Salts)
  2. Improper refusal to reopen defense case for new evidence
  3. Improper admission of animated reconstrution video
  4. Improper exclusion of defense dog search evidence
State v. Jamil Fulton, No. 101,336 (Shawnee)
Direct appeal; First-degree murder
Jonathan B. Phelps
[Affirmed; Malone; Aug. 5, 2011]
  1. Insufficient evidence
  2. Failure to grant new trial (newly discovered evidence)
  3. Failure to sever co-defendants
State v. Patrick Naputi, No. 101,354 (Sedgwick)
Direct appeal; Agg indecent liberties
Michelle Davis
[Affd/Vacd/Rmd; Johnson; Sept. 2, 2011]
  1. Prosecutorial misconduct
  2. Denial of defense request re: jury nullification
  3. Improper order of lifetime electronic monitoring
  4. Lifetime postrelease is cruel and unusual

No comments: