Tuesday, April 24, 2012

May 2012 KSC docket

Here are the criminal cases on the KSC docket for May 21-25, 2012. 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.

May 21--Monday--a.m.

State v. Jazwane Jefferson, No. 98,742 (Wyandotte)
Direct appeal; Felony murder
Michael J. Bartee
[Rvd/Rmd; Moritz; September 6, 2013]
  1. Failure to suppress statements
  2. Failure to give instruction on compulsion
  3. Improper burden of proof instruction
  4. Insufficient evidence
  5. Improper prior bad act evidence
  6. Improper joinder
  7. Improper prosecutorial argument
  8. Multiplicity
  9. Improper answer to jury question
State v. Michael Kelly, Jr., No. 102,210 (Sedgwick)
Direct appeal (petition for review); Possession
Rick A. Kittel
[Rmd to COA; Luckert; Sept. 28, 2012]
  1. Contemporaneous objection at trial on stipulated facts
  2. Fourth Amendment violation (improper stop)
State v. Anthony Ebaben, No. 102,129 (Marion)
Motion to withdraw plea appeal (petition for review)
Donald R. Snapp
[Reversed; Biles; July 20, 2012]
  1. Failure to allow plea withdrawal (no factual basis)

May 22--Tuesday--a.m.

State v. Robert Haberlein, No. 102,254 (Wyandotte)
Direct appeal; First-degree (premeditated) murder
Korey A. Kaul
[Affirmed; Beier; Dec. 28, 2012]
  1. Failure to give lesser for second-degree murder
  2. Insufficient evidence of alternative means of kidnapping
  3. Improper instruction on aggravated robbery (outside complaint)
  4. Apprendi violation in re hard-50 sentence
State v. John Marshall, No. 101,641 (Shawnee)
Direct appeal (petition for review); Burglary
Korey A. Kaul
[Affirmed; Luckert; July 27, 2012]
  1. Improper prosecutorial argument
  2. Improper eyewitness ID instruction
State v. Bernard Cline, No. 102,877 (Wyandotte)
Direct appeal; First-degree (premeditated) murder
Theresa L. Barr (brief); Randall L. Hodgkinson (argue)
[Affirmed; Rosen; August 17, 2012]
  1. Denial of right to present evidence re low functioning ability
  2. Failure to suppress statement

May 23--Wednesday--a.m.

State v. Douglas Plummer, No. 101,684 (Reno)
Direct appeal (petition for review); Aggravated robbery
Michelle A Davis
[Rvd/Rmd; Johnson; Aug. 24, 2012]
  1. Failure to give lesser on theft
  2. No evidence of completed crime
  3. Failure to give lesser on attempted aggravated robbery
State v. Keshia Williams, No. 102,615 (Labette)
Direct appeal (petition for review); Aggravated battery
Rick A. Kittel
[Affirmed; Johnson; Sept. 21, 2012]
  1. Failure to instruct on no duty to retreat
  2. Failure to instruct on use of force in defense of dwelling
  3. Failure to give lesser on aggravated battery
  4. Improper peremptory strikes
State v. Rodrigo Trujillo, No. 102,840 (Johnson)
Direct appeal (petition for review); Possession
Meryl Carver-Allmond
[Affirmed; Johnson; Feb. 15, 2013]
  1. Failure to give unanimity instruction
  2. Fourth Amendment violation (no probable cause to arrest)
State v. Elton Simmons, No. 102,715 (Sedgwick)
Direct appeal (petition for review); Aggravated battery
Shawn E. Minihan
[Rvd/Rmd; Johnson; Aug. 24, 2012]
  1. Improper elicitation of prior bad act evidence
  2. Failure to give lesser on aggravated battery
  3. Improper presumption of intent instruction

May 24--Thursday--a.m.

State v. Jeffrey Stimec, No. 103,229 (Wyandotte)
Direct appeal; Aggravated indecent liberties
Michelle A. Davis
[Rvd/Rmd; Mortiz; April 19, 2013]
  1. Improper prosecutorial argument
  2. Failure to prove crime after July 1, 2006
  3. Improper depature sentence

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