Friday, August 10, 2012

October 2012 KSC Docket

Here are the criminal cases on the KSC docket for October 22-26, 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.

October 22--Monday--a.m.

State v. Misty Tague, No. 104,176 (Sedgwick)
Direct appeal; Felony murder
Carl F. A. Maughan
[Affirmed; Luckert; March 22, 2013]
  • Failure to allow defendant to elicit testimony of unavailable witness
  • Improper admission of statements against interest
  • Gruesome photographs
  •  Improper restriction of cross-examination
  •  Improper instructions (aiding and abetting)
State v. Dinh Loc Ta, No. 104,241 (Sedgwick)
Direct appeal; aggravated indecent liberties with a child
Michelle A. Davis
[Reversed; Luckert; Dec. 28, 2012]
  •  Failure to require state to prove lewd fondling or touching
  •  Prosecutorial misconduct (closing argument)
  •  Insufficient evidence of alternative means
  •  Failure to grant departure
State v. Raymond Ruggles, No. 104,262 (Montgomery)
Sentencing appeal
Korey A. Kaul
[Affirmed; Rosen; June 21, 2013]
  • Whether imposition of life sentence for solicitation violates Cruel and Unusual Punishment

October 23--Tuesday--a.m.

State v. Jaime Rodriguez, No. 103,467 (Wyandotte)
Direct appeal; Felony murder
Joanna Labastida
[Affirmed; Beier; Dec. 7, 2012]
  • Failure to give lesser
  • Gruesome photographs
  • Failure to grant new trial after improper comment on credibility of witnesses
  • Improper instruction that shaking resulted in great bodily harm
State v. Shanna Friday, No. 101,806 (Douglas)
Direct appeal (petition for review); Second degree murder
Shawn E. Minihan
[Affirmed; Nuss; Aug. 9, 2013]
  • Prosecutorial misconduct (closing argument)
  • Failure to give self-defense instruction
  • Improper aiding and abetting instruction
  • Improper restriction on informing jury of witness' plea bargain
State v. Charles Bridges, No. 101,222 (Wyandotte)
Direct appeal (petition for review); Second degree (unintentional) murder
Heather R. Cessna
[Affirmed; Nuss; Aug. 9, 2013]
  • Failure to allow theory of defense
  • Failure to suppress statements
  • Improper witness comment on defendant's credibility
  • Prosecutorial misconduct (personal opinion of credibility)
  • Identical offense doctrine second degree (unintentional) murder/involuntary manslaughter

October 24--Wednesday--a.m.

State v. Allen Smith, No. 102,573 (Douglas)
Direct appeal; Felony murder
Adam M. Hall
[Affirmed; Beier; Dec. 21, 2012]
  • Improper admission of prior bad act evidence
  • Improper giving of accomplice instruction of defense objection
  • Multiplicitous convictions
  • Prosecutorial misconduct (closing argument)
State v. Gerardo Urista, No. 103,089 (Shawnee)
Sentencing appeal (petition for review)
Rachel L. Pickering
[Rvd/Vac/Rmd; Rosen; Feb. 8, 2013]
  • Violation of plea agreement
  • Registration requirement without proper jury findings
State v. Terry Mishmash, No. 103,158 (Crawford)
Sentencing appeal (petition for review)
Lydia Krebs
[Affd/Vacd/Rmd; Rosen; Dec. 7, 2012]
  • Judicial personal use finding requiring registration unconstitutional
  • Improper finding of personal use

October 25--Thursday--a.m.

State v. Roy Hinton, No. 101,369 (Montgomery)
Direct appeal (petition for review); DUI
Rick Kittel
[Dismissed as improvidently granted Aug. 31, 2012]
  • Failure to grant motion to suppress evidence
  • Failure to allow counsel to argue no erratic driving
  • Improper imposition of fine

October 26--Friday--a.m.

State v. Sidney Gleason, No. 97,296 (Barton)
Direct appeal; Capital Murder and Death Sentence
Rebecca Woodman (brief); Sarah E. Johnson (argue)
[Affirmed; Biles; February 3, 2017]
  • Lack of subject-matter jurisdiction for capital murder
  • Failure to give lesser of felony murder
  • Failure to instruct jury on specific intent
  • Multiplicitous convictions
  • Failure to prove elements of capital murder
  • Improper finding of unavailable witness
  • Failure to grant mistrial after witness refuses to testify
  • Prosecutorial misconduct (closing argument)
  • Death penalty disproportionate
  • Improper sentencing verdict forms
  • Insufficient evidence of aggravating factors

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