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. 

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]
  • Insufficient evidence
  • Failure to exclude witness' involuntary statement
  • 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]
  • Failure to provide reasonable doubt instruction
  • Prosecutorial misconduct during voir dire
  • 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]
  • Denial of motion to suppress statements
  • Improper rebuttal evidence
  • 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]
  • Failure to compel production of witness
  • Insufficient search warrant affidavit
  • 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]
  • Prosecutorial misconduct
  • 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]
  • Public Trial Clause violation
  • Improper exclusion of third party statement
  • 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]
  • Failure to give lesser for voluntary manslaughter
  • 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]
  • Failure to give lesser of felony murder (Berry)
  • Failure to give prior bad act limiting instruction
  • Prosecutorial misconduct
  • Failure to appoint substitute counsel
  • Alternative means (felony murder)
  • Improper exclusion of defense evidence

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