Sunday, February 03, 2013

March 2013 KSC Docket

Here are the criminal cases on the KSC docket for March 4-8, 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.

March 4--Monday--a.m.

State v. Jessica Cummings, No. 102,527 (Sedgwick)
Direct appeal (petition for review); Misdemeanor manslaughter
Lydia Krebs
[Rvd/Rmd; Johnson; June 28, 2013]
  1. Insufficient endangerment instruction
  2. Failure to give requested intent instruction
  3. Failure to instruct the jury regarding "reasonable probability"
State v. Eric Hurd, No. 104,198/104,765 (Seward)
Direct appeal (petition for review); Failure to register
Christina M. Kerls
[Rev/Rmd; Moritz; Dec. 27, 2013]
  1. Failure to grant arrest of judgment
  2. Improper amendment of complaint
  3. Insufficient evidence of criminal threat
  4. Improper consolidation
  5. Improper trial date setting
  6. Biased judge
  7. Failure to consider recusing prosecutor
Damon Vontress v. State, No. 102,904 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Affirmed; Nuss; May 30, 2014]
  1. Improper summary dismissal under time limit

March 5--Tuesday--a.m.

State v. Samuel Llamas, No. 104,827 (Lyon)
Direct appeal; First-degree felony murder
Ryan Eddinger
[Affirmed; Luckert; Oct. 25, 2013]
  1. Insufficient evidence of aiding and abetting
  2. Improper restriction of accomplice testimony instruction
  3. Failure to provide aiding and abetting instruction clarification
State v. Richard Jones, No. 103,400 (Johnson)
Sentencing appeal (petition for review)
Gerald E. Wells
[Petition dismissed as improvidently granted March 12, 2013]
  1. Failure to correct illegal sentence
State v. Pamela Hall, No. 102,297/102,663 (Johnson)
Sentencing appeal (petition for review)
Ryan Eddinger
[Vac/Rmd; Beier; June 28, 2013]
  1. Improper calculation of restitution
State v. Adam Hand, No. 103,677 (Sedgwick)
Sentencing appeal (petition for review)
Joanna Labastida
[Affirmed; Beier; June 28, 2013]
  1. Improper calculation of restitution

March 6--Wednesday--a.m.

State v. Cody Breeden, No. 104,475 (Wyandotte)
Direct appeal; Agg criminal sodomy
Matthew J. Edge
[Affd/Vac; Luckert; June 14, 2013]
  1. Failure to instruct on attempt as lesser
  2. Failure to give limiting instruction on bad act evidence
  3. Failure to obtain waiver of right to testify on record
  4. Cruel and unusual punishment
State v. Israel Mirales, No. 104,474 (Butler)
Direct appeal; Capital murder
Debra J. Wilson
[Affirmed; Rosen; May 10, 2013]
  1. Gruesome photographs
  2. Failure to give lesser of felony murder
  3. Prosecutorial misconduct

March 7--Thursday--a.m.

State v. Myoun Sawyer, No. 101,624 (Wyandotte)
Direct appeal (petition for review); Criminal threat
Reid T. Nelson
[Rvd/Rmd; Beier; July 26, 2013]
  1. Improper burden of proof instruction
  2. Failure of judge to recuse
  3. Failure to give requested full readback
State v. Dean Boleyn, No. 105,483 (Reno)
Direct appeal; Agg indecent liberties
Ryan Eddinger (brief)
[Affirmed; Rosen; June 14, 2013]
  1. Improper admission of prejudicial photographs
  2. Life sentence is cruel and unusual punishment
State v. Michael Randolph, No. 103,918 (Wyandotte)
Direct appeal; Rape
Rebecca E. Woodman (brief); Sarah Ellen Johnson (argue)
[Affd/Vac; Luckert; May 10, 2013]
  1. Insufficient evidence of alternative means
  2. Improper admission of incriminating statement
  3. Improper admission of evidence
  4. Incorrect standard for considering departure

March 8--Friday--a.m.

State v. Robert Weber, No. 104,658 (Sedgwick)
Direct appeal; Rape
Rachel L. Pickering
[Affd/Rvd/Rmd; Johnson; July 5, 2013]
  1. Multiplicity of rape and attempted rape
  2. Improper sentencing as habitual sex offender
  3. Insufficient evidence of alternative means
  4. Overbroad jury instruction
  5. Improper enhanced sentence without proof to jury
State v. Rex Reiss, No. 102,071 (Butler)
Direct appeal (petition for review); DUI
Matthew J. Edge
[Rev/Rmd; Nuss; May 2, 2014]
  1. Fourth Amendment violation

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