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. 

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]
  • Insufficient evidence of unintentional but reckless act
  • Failure to grant continuance
  • Improper instruction on duty to retreat
  • 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]
  • 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]
  • 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]
  • 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]
  • Allowing comfort person to sit with witness during testimony
  • Improper Allen instruction
  • 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]
  • Improper admission of prior bad act evidence
  • Prosecutorial misconduct
  • Failure to prove and instruct jury on age of defendant
  • 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]
  • Expungement
State v. Anthony Barnes, No. 100,719 (Sedgwick)
Direct appeal; First-degree murder
Heather Cessna
[Affirmed; Beier; Sept. 23, 2011]
  • Failure to investigate competency to stand trial
  • Improper jury trial waiver
  • 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]
  • Failure to instruct on voluntary manslaughter
  • Improper exclusion of defense evidence
  • Insufficient evidence of premeditation
  • Prosecutorial misconduct

No comments: