Saturday, March 29, 2014

April-May 2014 KSC Docket

Here are the criminal cases on the KSC docket for April 28-May 1, 2014.  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 on any of these arguments.

April 28--Monday--a.m.

State v. Bobby Edwards, No. 106,299 (Sedgwick)
Direct appeal (petition for review); Agg robbery
Shawn E. Minihan (brief); Carol Longenecker-Schmidt (argue)
[Affirmed; Rosen; June 27, 2014]
  1. Insufficient evidence
  2. Failure to instruct jury that robbery could not be incidental to theft
  3. Failure to instruct jury that threat or force must precede taking
  4. Improper admission of expert testimony
  5. Improper limitation of defense examination
  6. Ineffective assistance of counsel
State v. Monh Suady, No. 105,603 (Johnson)
Direct appeal (petition for review); Agg robbery
Lydia Krebs
[Affd/Rmd to COA; Rosen; June 27, 2014]
  1. Insufficient evidence of alternative means
  2. Taking was incidental to theft
  3. Multiplicity
  4. Prosecutorial misconduct
In re A.M.M.-H., No. 109,355 (Johnson)
Juvenile sentencing appeal (petition for review)
Michael J. Bartee
[Rvd/rmd; Beier; Aug. 8, 2014]
  1. Whether technical violations of conditional release are violation of sentence

April 29--Tuesday--a.m.

State v. Keaira Brown, No. 106,111 (Wyandotte)
Direct appeal; Felony murder
Lydia Krebs
[Affirmed; Biles; Aug. 15, 2014]
  1. Improper felony murder instruction
  2. Insufficient evidence of alternative means of felony murder
  3. Improper certification for prosecution as adult
  4. Prosecutorial misconduct
  5. Felony murder sentence unconstitutional
State v. Kenneth Crawford, No. 103,881 (Barton)
Direct appeal (petition for review); Agg kidnapping/Agg indecent liberties
Daniel E. Monnat
[Affirmed; per curiam; Sept. 19, 2014]
  1. Prosecutorial misconduct
State v. Christina Ortega, No. 106,210 (Finney)
Direct appeal (petition for review); Attempted agg interference with parental custody
Randall L. Hodgkinson
[Affd/Rvd; Luckert; Oct. 3, 2014]
  1. Failure to give mistake of law instruction
  2. Prosecutorial misconduct
  3. Insufficient evidence of overt act supporting aggravated offense
  4. Failure to give lesser-included offense
  5. Insufficient evidence of alternative means
State v. William Holt, No. 107,158 (Shawnee)
Direct appeal; First-degree murder
Meryl Carver-Allmond
[Affd/Vacd; Luckert; Oct. 31, 2014]
  1. Prosecutorial misconduct
  2. Improper reasonable doubt instruction
  3. Cumulative error
  4. Hard-50 sentence violates Alleyne

April 30--Wednesday--a.m.

State v. Gabriel DeLatorre, No. 107,905 (Ford)
Direct appeal; Felony murder
Lydia Krebs (brief); Corrine Johnson (argue)
[Affd/Rvd; Biles; Aug. 15, 2014]
  1. Failure to give lesser-included offense instruction
  2. Insufficient evidence of cruel or inhuman punishment
  3. Failure to give unanimity instruction
  4. Prosecutorial misconduct
State v. Tynisha Story, No. 106,329 (Wyandotte)
Direct appeal; First-degree murder
Joanna Labastida
[Affirmed; Beier; Sept. 5, 2014]
  1. Improper admission of prejudicial evidence
  2. Failure to give limiting instructions re: other bad acts and prior bad acts
  3. Failure to give lesser-included offense instruction for voluntary manslaughter
  4. Prosecutorial misconduct

May 1--Thursday--a.m.

State v. Quartez Brown, No. 106,894 (Sedgwick)
Direct appeal; Felony murder
Joanna Labastida
[Rvd/rmd; Johnson; Aug. 15, 2014]
  1. Failure to inquire into request for new counsel
  2. Insufficient evidence
  3. Failure to give lesser-included offense instructions
  4. Improper classification of alternative conviction
State v. Kevin Brown, No. 108,218 (Sedgwick)
Direct appeal; Felony murder
Michael P. Whalen
[Affirmed; Johnson; July 3, 2014]
  1. Lack of jurisdiction
  2. Insufficient evidence of aiding and abetting
  3. Deficient jury instructions
State v. Kiara Williams, No. 108,586 (Sedgwick)
Direct appeal; Felony murder
Stephen J. House
[Affirmed; Johnson; July 3, 2014]
  1. Improper giving of sympathy instruction
  2. Failure to give mere association instruction
  3. Ineffective assistance of counsel (guilt based defense)
State v. Allen Julian, No. 105,695 (Rice)
State appeal (petition for review)
Gregory D. Bell
[Affirmed; King; Sept. 5, 2014]
  1. Improper vehicle search

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