Saturday, December 29, 2012

January 2013 KSC Docket

Here are the criminal cases on the KSC docket for January 28-31, 2013.  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.

January 28--Monday--a.m.

State v. Jonell Lloyd, No. 104,392 (Sedgwick)
Direct appeal; First-degree murder (premeditated)
Debra J. Wilson
[Affd/Vacd; Biles; May 30, 2014]
  1. Insufficient evidence
  2. Failure to exclude witness' involuntary statement
  3. Improper prior bad act evidence
State v. David Stevenson, No. 103,508 (Gove)
Direct appeal; First-degree murder (premeditated)
Ryan J. Eddinger
[Affirmed; Luckert; April 12, 2013]
  1. Failure to provide reasonable doubt instruction
  2. Prosecutorial misconduct during voir dire
  3. Improper burden of proof instruction

January 29--Tuesday--a.m.

State v. Miguel Garcia, No. 104,998 (Shawnee)
Direct appeal; First-degree felony murder
Debra J. Wilson
[Rvd/rmd; Johnson; April 26, 2013]
  1. Denial of motion to suppress statements
  2. Improper rebuttal evidence
  3. Gruesome photographs
State v. Michael Hensley, No. 102,055 (Saline)
Direct appeal (petition for review); No tax stamp
Randall L. Hodgkinson
[Affd/Rvd; Mortiz; December 6, 2013]
  1. Failure to compel production of witness
  2. Insufficient search warrant affidavit
  3. Possession of marijuana as lesser of no tax stamp
State v. Eric Ochs, No. 104,710 (Douglas)
Direct appeal; Rape
Joanna Labastida
[Affirmed; Nuss; August 16, 2013]
  1. Prosecutorial misconduct
  2. Cruel and unusual punishment

January 30--Wednesday--a.m.

State v. Ryan Cox, No. 103,674 (Labette)
Direct appeal; Agg crim sodomy
Rebecca L. Kurz
[Rvd/rmd; Beier; June 21, 2013]
  1. Public Trial Clause violation
  2. Improper exclusion of third party statement
  3. Failure to give character evidence instruction
 State v. James Qualls, No. 104,504 (Shawnee)
Direct appeal; First-degree murder (premeditated)
Charles S. Scott, Jr.
[Rvd/Rmd; Biles; April 12, 2013]
  1. Failure to give lesser for voluntary manslaughter
  2. Insufficient evidence

January 31--Thursday--a.m.

State v. Melissa Wells, No. 104,092 (Montgomery)
Direct appeal; First-degree felony murder
Michelle A. Davis
[Aff/Vac; Beier; June 28, 2013]
  1. Failure to give lesser of felony murder (Berry)
  2. Failure to give prior bad act limiting instruction
  3. Prosecutorial misconduct
  4. Failure to appoint substitute counsel
  5. Alternative means (felony murder)
  6. Improper exclusion of defense evidence

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