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. 
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]

• Insufficient endangerment instruction
• Failure to give requested intent instruction
• 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]

• Failure to grant arrest of judgment
• Improper amendment of complaint
• Insufficient evidence of criminal threat
• Improper consolidation
• Improper trial date setting
• Biased judge
• 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]

• 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]

• Insufficient evidence of aiding and abetting
• Improper restriction of accomplice testimony instruction
• 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]

• 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]

• Improper calculation of restitution

State v. Adam Hand, No. 103,677 (Sedgwick)
Sentencing appeal (petition for review)
Joanna Labastida
[Affirmed; Beier; June 28, 2013]

• 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]

• Failure to instruct on attempt as lesser
• Failure to give limiting instruction on bad act evidence
• Failure to obtain waiver of right to testify on record
• Cruel and unusual punishment

State v. Israel Mirales, No. 104,474 (Butler)
Direct appeal; Capital murder
Debra J. Wilson
[Affirmed; Rosen; May 10, 2013]

• Gruesome photographs
• Failure to give lesser of felony murder
• 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]

• Improper burden of proof instruction
• Failure of judge to recuse
• 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]

• Improper admission of prejudicial photographs
• 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]

• Insufficient evidence of alternative means
• Improper admission of incriminating statement
• Improper admission of evidence
• 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]

• Multiplicity of rape and attempted rape
• Improper sentencing as habitual sex offender
• Insufficient evidence of alternative means
• Overbroad jury instruction
• 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]

• Fourth Amendment violation