Saturday, September 24, 2011

October 2011 KSC docket

Here are the criminal cases on the KSC docket for October 24-27, 2011. 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 24--Monday--a.m.

State v. Melvin Martinez, No. 99,595 (Johnson)
Direct appeal (petition for review); Possession
Michelle A. Davis
[Rev/Rmd; Biles; Feb. 1, 2013]
  1. Fourth Amendment violation (improper stop)
Neil Edgar, Sr. v. State, No. 100,477 (Johnson)
K.S.A. 60-1507 appeal (petition for review)
Michael J. Bartee
[Affirmed; Luckert; July 27, 2012]
  1. Improper summary dismissal of habeas motion (IAC)
State v. Linday May, No. 102,248 (Johnson)
State appeal (petition for review)
Jay Norton
[Affirmed; Johnson; Feb. 10, 2012]
  1. Suppression of breath test results after insufficient test
State v. Katrina Allen, No. 101,575 (Johnson)
Sentencing appeal (petition for review); Attempted possession
Rachel L. Pickering
[Affirmed; Beier; Feb. 3, 2012]
  1. Prosecution violation of plea agreement

October 25--Tuesday--a.m.

State v. Ricky Hyche, No. 102,912 (Sedgwick)
Sentencing appeal; Jessica's Law
Rachel L. Pickering
[Affd/Vacd; Nuss; Dec. 2, 2011]
  1. Improper sentencing to hard-25
  2. Improper lifetime electronic monitoring
  3. Failure to grant departure
State v. Vicki Johnson, No. 100,728 (Sedgwick)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
[Rvd/Rmd; Beier; March 2, 2012]
  1. Fourth Amendment violation (search outside scope of detention)
State v. Kerry Jenkins, No. 100,396 (Sedgwick)
Direct appeal (petition for review); Felony theft
Rick Kittel
[Affirmed; Biles; Sept. 7, 2012]
  1. Double Jeopardy violation (after municipal conviction)
State v. Chad Fleming, No. 100,489 (Mitchell)
Direct appeal (petition for review); Felony fleeing and eluding
Heather R. Cessna
[Petition dismissed as improvidently granted Nov. 10, 2011]
  1. Officer's testimony invaded province of jury
  2. Improper condition of probation

October 26--Wednesday--a.m.

State v. Robert Lackey, No. 100,890 (Saline)
K.S.A. 21-2512 appeal (petition for review)
Gerald E. Wells
[Rvd/Rmd; Johnson; Oct. 19, 2012]
  1. Improper denial of DNA test under K.S.A. 21-2512
State v. Deron Williams, No. 101,617 (Wyandotte)
State's appeal (petition for review)
Michael J. Bartee
[Aff/Rvd; Moritz; May 17, 2013]
  1. Fourth Amendment violation (illegal detention)
State v. Kameron King, No. 99,478 (Wyandotte)
Direct appeal (petition for review); Possession
Matthew J. Edge
[Rvd/Rmd; Rosen; March 9, 2012]
  1. Fourth Amendment violation (invalid arrest)
  2. Improper exclusion of evidence of police bias

October 27--Thursday--a.m.

State v. Andray Cameron, No. 103,093 (Shawnee)
Sentencing appeal; Jessica's Law
Theresa L. Barr (brief); Rachel L. Pickering (argue)
[Affirmed; Luckert; July 27, 2012]
  1. Lifetime postrelease is Cruel and Unusual Punishment
State v. James Mossman, No. 103,111 (Shawnee)
Sentencing appeal; Jessica's Law
Matthew J. Edge
[Affirmed; Luckert; July 27, 2012]
  1. Lifetime postlease is Cruel and Unusual Punishment
State v. Rolland Guder, No. 101,632 (Bourbon)
Resentencing appeal (petition for review); Manufacture
Heather R. Cessna
[Vacd/Rmd; Rosen; Jan. 27, 2012]
  1. Whether district court can resentence on other counts
State v. Willie Dale, No. 99,781 (Reno)
Direct appeal (petition for review); Attempted first-degree murder
Rachel L. Pickering
[Affirmed; Moritz; Dec. 23, 2011]
  1. Improper admission of modified video
  2. Insufficient evidence
  3. Improper instruction on burden of proof
  

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