Friday, January 28, 2011

March 2011 KSC Docket

Here are the criminal cases on the KSC docket for March 7-11, 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. 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.

March 7--Monday--a.m.

State v. Dana Deal, No. 98,292 (Cowley)
Direct appeal (petition for review); Second-degree murder (unintentional)
Lydia Krebs
[Affirmed; Luckert; Feb. 17, 2012]
  1. Insufficient evidence of unintentional but reckless act
  2. Failure to grant continuance
  3. Improper instruction on duty to retreat
  4. Improper admission of prior bad act evidence
State v. Carlos Montes-Mata, No. 98,883 (Lyon)
State appeal (petition for review)
Patrick H. Dunn
[Affirmed; Stutzman; June 24, 2011]
  1. Statutory speedy trial violation

March 8--Tuesday--a.m.

State v. Jamie Fredrick, No. 102,848 (Montgomery)
State appeal
Janine Cox
[Affirmed; Johnson; April 29, 2011]
  1. Offender registration for person adjudicated as juvenile in other state
State v. Corinthian Bricker, No. 99,394 (Johnson)
Motion to Withdraw Plea (petition for review)
Lydia Krebs
[Affirmed; Nuss; June 3, 2011]
  1. Denial of motion to withdraw plea

March 9--Wednesday--a.m.

State v. Samuel Rochelle, No. 101,341 (Saline)
Direct appeal; Agg Crim Sodomy/Agg Ind Liberties
Meryl Carver-Allmond (brief); Randall L. Hodgkinson (argue)
[Affirmed; Rosen; April 12, 2013]
  1. Allowing comfort person to sit with witness during testimony
  2. Improper Allen instruction
  3. State cross-appeal from downward departure sentence

March 10--Thursday--a.m.

State v. Nathan Inkelaar, No. 101,987 (Sedgwick)
Direct appeal; Rape/Agg Crim Sodomy/Agg Ind Liberties
Ryan Eddinger
[Affirmed; Luckert; Oct. 21, 2011]
  1. Improper admission of prior bad act evidence
  2. Prosecutorial misconduct
  3. Failure to prove and instruct jury on age of defendant
  4. Improper exclusion of third-party evidence
State v. Allen Jaben, No. 102,383 (Johnson)
State appeal (transfer)
William K. Rork
[Appeal denied; Moritz; June 1, 2012]
  1. Expungement
State v. Anthony Barnes, No. 100,719 (Sedgwick)
Direct appeal; First-degree murder
Heather Cessna
[Affirmed; Beier; Sept. 23, 2011]
  1. Failure to investigate competency to stand trial
  2. Improper jury trial waiver
  3. Improper finding of specific intent

March 11--Friday--a.m.

State v. Lafayette Cosby, No. 100,839 (Douglas)
Direct appeal; First-degree murder
Korey A. Kaul
[Affirmed; Beier; Sept. 9, 2011]
  1. Failure to instruct on voluntary manslaughter
  2. Improper exclusion of defense evidence
  3. Insufficient evidence of premeditation
  4. Prosecutorial misconduct

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