Saturday, November 05, 2011

December 2011 KSC docket

Here are the criminal cases on the KSC docket for December 5-9, 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.

December 5--Monday--a.m.

State v. Jeffrey Raskie, No. 102,847 (Johnson)
Direct appeal; Aggravated indecent liberties
Jessica J. Travis
[Affd/Vacd/Rmd; Luckert; Feb. 17, 2012]
  1. Admission of propensity evidence
  2. Improper prosecutorial argument
  3. Admission of evidence without sufficient foundation
  4. Insufficient evidence
  5. Improper instruction on burden of proof
  6. Failure to make findings on sentence proportionality
State v. Jose Portillo, No. 102,558 (Wyandotte)
Direct appeal; Rape
Ryan J. Eddinger
[Affd/Vacd/Rmd; Johnson; April 27, 2012]
  1. Insufficient evidence of penetration
  2. Improper admission of forensic interview recording
  3. Improper sentencing for charged offense
State v. Jamaal Summers, No. 101,902 (Wyandotte)
Direct appeal; First-degree (premeditated) murder
Michelle A. Davis
[Affd/Vacd/Rmd; Rosen; Feb. 3, 2012]
  1. Failure to suppress statements
  2. Improper admission of hearsay
  3. Improper question suggesting defense lying

December 6--Tuesday--a.m.

State v. Gabriel Nambo, No. 100,464 (Sedgwick)
Sentencing appeal (petition for review); Aggravated robbery
Ryan J. Eddinger
[Affirmed; Nuss; August 3, 2012]
  1. Whether unarmed accomplice is required to register
State v. Joshua Coman, No. 100,494 (Sedgwick)
Sentencing appeal (petition for review); Criminal sodomy
Carl F.A. Maughan
[Revd/Rmd; Johnson; March 30, 2012]
  1. Whether registration required for conviction
  2. Constitutionality of criminal sodomy statute
State v. John Sampson, No. 102,535 (Sedgwick)
Direct appeal; Felony murder
Michelle A. Davis
[Affirmed; Moritz; May 3, 2013]
  1. Violation of sequestration order
  2. Refusal to permit impeachment of witness with prior conviction

December 7--Wednesday--a.m.

State v. Anthony Murphy, No. 100,178 (Geary)
Direct appeal (petition for review); Possession with intent
Shawn E. Minihan
[Affirmed; per curiam; Feb. 1, 2013]
  1. Fourth Amendment violation (invalid consent)
  2. Improper admission of lab report

State v. Angela Anderson, No. 100,173 (Geary)
Direct appeal (petition for review)
Christina Waugh
[Petition dismissed as improvidently granted December 30, 2011]
  1. Fourth Amendment violation (invalid warrant)
  2. Improper admission of prior bad act evidence

December 8--Thursday--a.m.

State v. Kenneth Wilson, No. 102,931 (Osborne)
Direct appeal; First-degree (premeditated)
Heather R. Cessna (brief); Randall L. Hodgkinson (argue)
[Affirmed; Moritz; Sept. 28, 2012]
  1. Improper admission of 911 tape
  2. Improper admission of unproven prior bad act evidence
  3. Improper prosecutorial argument
  4. Improper finding of aggravating circumstances
State v. Montrez Washington, No. 102,521 (Sedgwick)
Direct appeal; First-degree murder
Carl F.A. Maughan
[Affirmed; Luckert; Jan. 20, 2012]
  1. Lack of probable cause for juvenile court to bind over
  2. Improper Allen instruction
State v. Antwan Peppers, No. 101,551 (Shawnee)
Direct appeal; First-degree premeditated murder
Lydia Krebs
[Affirmed; Beier; May 4, 2012]
  1. Improper admission of gang affiliation
  2. Improper instruction of burden of new trial
  3. Improper limiting instruction of bad act evidence
  4. Improper prosecutorial argument


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