October 2012 Special KSC Docket (Overland Park)

Here are the criminal cases on the KSC docket for October 3, 2012, held in Overland Park. This is a special setting of the KSC at Johnson County Community College.

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.

October 3--Wednesday--a.m.

State v. Jerome Cheeks, No. 104,858 (Wyandotte)
Appeal from denial of DNA testing (petition for review)
Paul M. Dent
[Rvd/Rmd; Mortiz; Oct. 4, 2013]

• Whether denying DNA testing for second degree murder violates Equal Protection

State v. Lester Lawson, No. 103,509 (Leavenworth)
Direct appeal; Aggravated criminal sodomy
Meryl Carver-Allmond
[Rvd/Rmd; Johnson; April 5, 2013]

•  Improper admission of statements obtained in violation of Sixth Amendment
•  Failure to instruct on essential element of offense

State v. Terry Diaz, No. 100,735 (Johnson)
Direct appeal (petition for review); Possession with intent to sell
Randall L. Hodgkinson
[Petition denied as improvidently granted Nov. 9, 2012]

• Improper admission of prior bad act evidence
• Improper admission of "expert" testimony
• Improper amendment of complaint
• Prosecutorial misconduct (burden shifting closing argument)