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)
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
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
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
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)
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
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
No comments:
Post a Comment