January 2011 KSC docket

Here are the criminal cases on the KSC docket for January 24-28, 2011. 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.

January 24--Monday--a.m.

State v. William Bennington, No. 98,656 (Sedgwick)
Direct appeal (petition for review); Rape
Rachel L. Pickering
[Affd/Rvd/Rmd; Luckert; Oct. 28, 2011]

• Improper admission of hearsay statements
• Prosecutorial misconduct

State v. Eric Huerta, No. 101,438 (Sedgwick)
Sentencing appeal (petition for review)
Richard Ney
[Dismissal of appeal affirmed; Beier; March 18, 2011]

• Introduction of false information at sentencing
• Improper imposition of harsher sentence than more culpable co-defendant
• Improper comment on right to silence at sentencing

State v. Elgin Robinson, No. 101,657 (Sedgwick)
Direct appeal; Capital murder (life sentence imposed)
Reid T. Nelson
[Affirmed; Moritz; March 2, 2012]

• Improper search of computer (defective warrant)
• Failure to suppress coerced statements
• Improper admission of hearsay statements
• Gruesome photographs
• Failure to change judge
• Improper presumption of intent instruction

State v. Theodore Burnett, No. 100,854 (Sedgwick)
Direct appeal; Capital murder (life sentence imposed)
Sarah Ellen Johnson
[Affirmed; Moritz; Feb. 10, 2012]

• Improper jury verdict forms
• Prosecutorial misconduct
• Gruesome photographs
• Improper deadlocked jury instruction (Salts)

January 25--Tuesday--a.m.

State v. Randy Chavez, No. 103,168 (Sedgwick)
Sentencing appeal (Jessica's Law)
Rachel L. Pickering
[Aff'd/Vac'd; Rosen; July 15, 2011]

• Improper imposition of hard-25
• Improper imposition of lifetime electronic monitoring
• Failure to grant downward departure

State v. Will Wimbley, No. 101,595 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Will Wimbley, pro se (brief); Roger L. Falk (argue)
[Rmd to COA; Johnson; Nov. 23, 2011]

• Ineffective assistance of trial counsel

State v. Rashawn Anderson, No. 99,123 (Douglas)
Direct appeal (petition for review); Second-degree murder
Carl Folsom III (brief), Shawn E. Minihan (argue)
[Affirmed; Biles; May 11, 2012]

• Proseutorial misconduct
• Improper eyewitness identification instruction
• No waiver of right to testify on record

January 26--Wednesday--a.m.

State v. Derrick Freeman, No. 100,792 (Leavenworth)
Motion to withdraw plea (petition for review)
Michael G. Highland
[Vac'd/Rmd; Nuss; April 1, 2011]

• Improper denial of motion to withdraw plea

State v. Thomas Kelley, No. 100,913 (Shawnee)
Motion to withdraw plea
Patrick H. Dunn
[Affirmed; Johnson; March 25, 2011]

• Conflict of trial counsel on motion to withdraw plea
• Improper denial of motion to withdraw plea

State v. Clifford O'Rear, No. 99,487 (Wyandotte)
Direct appeal (petition for review); Agg battery
Lydia Krebs
[Reversed; per curiam; Feb. 17, 2012]

• Insufficient evidence of recklessness
• Prosecutorial misconduct
• Juror misconduct

January 27--Thursday--a.m. (Old Kansas Supreme Courtroom)

State v. Kevin Hernandez, No. 101,837 (Riley)
Direct appeal; First-degree murder
Matthew J. Edge
[Affirmed; Rosen; July 29, 2011]

• Prosecutorial misconduct
• Failure to give voluntary intoxication instruction
• Improper sentencing (identical offense doctrine)

January 28--Friday--a.m.

State v. Jerry Sellers, No. 101,208 (Harvey)
Direct appeal; Agg indecent liberties (Jessica's Law)
Michelle Davis
[Aff'd/Vac'd; Beier; April 22, 2011]

• Failure to order evaluation of complaining witness
• Multiplicity
• Lifetime postrelease is cruel and unusual punishment

State v. Eric Neal, No. 100,366 (Sedgwick)
Motion to correct illegal sentence (petition for review)
Michael P. Whalen
[Rvd/Rmd; Nuss; Aug. 5, 2011]

• Improper finding that claim re: uncounsel misdemeanors is precluded

Craig Fischer v. State, No. 100,248 (Hamilton)
K.S.A. 60-1507 appeal (petition for review)
Michelle Davis

• Denial of right to be present at evidentiary hearing