October 21--Monday--a.m.
State v. Michael Maestas, No. 106,214 (Stevens)
Direct appeal; First-degree murder
Christina M. Kerls
[Affirmed; Biles; January 24, 2014]
- Prosecutorial misconduct
- Failure to give lesser included offense for reckless second-degree murder
- Failure to allow full cross-examination
- Failure to find defendant mentally retarded
- Error in not ordering defendant to serve sentence in DOC
State v. James Simpson, No. 105,182 (Jefferson)
State appeal
John R. Kurth
- Witness incompetency
October 22, 2013--Tuesday--a.m.
State v. Dustin B. Hilt, No. 105,057 (Johnson)
State v. Dustin B. Hilt, No. 105,057 (Johnson)
Direct appeal; First-degree murder
Joanna Labastida
[Affd/Vacd/Rmd; Beier; April 18, 2014]
- Failure to supplement aiding and abetting instruction
- Improper dismissal of juror
- Improper admission of prejudicial evidence
- Improper testimony regarding spatter experiment
- Failure to give voluntary intoxication instruction
- Failure to give lesser included offense for voluntary manslaughter
- Admission of gruesome photographs
- Prosecutorial misconduct
- Hard-50 sentence unconstitutional
State v. DeWhite Cameron, 105,828 (Sedgwick)
Direct appeal; Felony murder
Randall L. Hodgkinson
[Affirmed; Rosen; July 25, 2014]
- Failure to give lesser included offense for involuntary manslaughter
- Failure to give lesser for reckless agg battery
- Improper admission of out-of-court statements when not available for cross-examination
- Improper instruction directing jury to determine whether defendant not guilty
- No evidence that death occurred during commission of child abuse
- Prosecutorial misconduct
State v. Thomas Remmert, No. 105,091 (Butler)
Direct appeal; Agg criminal sodomy
Joanna Labastida (brief), Korey Kaul (argue)
[Affirmed; Rosen; January 17, 2014]
- Improper admission of prior bad act evidence
- Insufficient evidence
- Failure to grant downward departure
State v. Francis Smith, No. 104,245 (Bourbon)
Direct appeal; Agg indecent liberties with a child
Meryl Carver-Allmond
[Affd/Vacd; Biles; June 27, 2014]
- Improper admission of prior bad act evidence
- Improper admission of pornography evidence
- Improper instruction that defendant not guilty "until" proved guilty
State v. Terrence Kelly, No. 105,934 (Johnson)
Sentencing appeal
Carl Folsom, III
[Affirmed; Biles; February 21, 2014]
- Denial of motion to withdraw plea
- Improper counting of priors used to certify for adult prosecution
October 23--Wednesday--a.m.
State v. Ryan Dull, No. 105,115 (Sedgwick)
State v. Ryan Dull, No. 105,115 (Sedgwick)
Direct appeal; Agg criminal sodomy/rape
David Phillip Leon
[Affirmed; Beier; January 31, 2014]
- Prosecutorial misconduct
- Improper admission of prejudicial evidence
- Ineffective assistance of counsel
- Failure to grant downward departure
- Insufficient evidence
State v. Kedrin Littlejohn, No. 105,872 (Sedgwick)
Direct appeal; Felony murder
Carl Maughan
[Affirmed; Rosen; January 17, 2014]
- Failure to give lesser included offense instruction
- Improper alternative means instruction
- Improper aiding and abetting instruction
- Failure to give compulsion instruction
- Failure to grant motion to suppress
- Insufficient evidence
State v. Marlin Williams, No. 102,036 (Sedgwick)
Direct appeal (petition for review); Agg trafficking
Michelle A. Davis
[Affirmed; Luckert; June 27, 2014]- Agg trafficking statute is overbroad
- Agg trafficking statute is vague
- Prosecutorial misconduct
- Failure to give lesser sentence for identical offense of promoting prostitution
- Failure to sentence for more specific offense of promoting prostitution
State v. Todd Schumacher, 106,103 (Wichita)
Direct appeal; First-degree murder
William K. Rork
[Affirmed; Mortiz; March 7, 2014]
- Insufficient evidence
- Prosecutorial misconduct
October 24--Thursday--a.m.
State v. Tony Lewis, No. 106,093 (Riley)
State v. Tony Lewis, No. 106,093 (Riley)
Direct appeal; Rape/Agg kidnapping
Rachel L. Pickering
[Affd/Vacd; June 13, 2014]- Improper response to jury question regarding hung jury
- Prosecutorial misconduct
- Failure to suppress statements
- Failure to suppress photo ID
- Improper alternative means rape instruction
- Improper finding of agg habitual sex offender
State v. Tyjuna Sharkey, No. 106,150 (Sedgwick)
Direct appeal; Agg indecent liberties
Michelle A. Davis
[Affd/Rvd/Rmd; Luckert; April 11, 2014]
- Ineffective assistance of counsel
- Improper alternative means agg indecent liberties instruction
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