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]
[Affirmed; Rosen; June 27, 2014]
- Insufficient evidence
- Failure to instruct jury that robbery could not be incidental to theft
- Failure to instruct jury that threat or force must precede taking
- Improper admission of expert testimony
- Improper limitation of defense examination
- 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]
[Affd/Rmd to COA; Rosen; June 27, 2014]
- Insufficient evidence of alternative means
- Taking was incidental to theft
- Multiplicity
- Prosecutorial misconduct
Juvenile sentencing appeal (petition for review)
Michael J. Bartee
[Rvd/rmd; Beier; Aug. 8, 2014]
[Rvd/rmd; Beier; Aug. 8, 2014]
- 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]
[Affirmed; Biles; Aug. 15, 2014]
- Improper felony murder instruction
- Insufficient evidence of alternative means of felony murder
- Improper certification for prosecution as adult
- Prosecutorial misconduct
- 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]
[Affirmed; per curiam; Sept. 19, 2014]
- 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]
[Affd/Rvd; Luckert; Oct. 3, 2014]
- Failure to give mistake of law instruction
- Prosecutorial misconduct
- Insufficient evidence of overt act supporting aggravated offense
- Failure to give lesser-included offense
- 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]
[Affd/Vacd; Luckert; Oct. 31, 2014]
- Prosecutorial misconduct
- Improper reasonable doubt instruction
- Cumulative error
- 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]
[Affd/Rvd; Biles; Aug. 15, 2014]
- Failure to give lesser-included offense instruction
- Insufficient evidence of cruel or inhuman punishment
- Failure to give unanimity instruction
- Prosecutorial misconduct
State v. Tynisha Story, No. 106,329 (Wyandotte)
Direct appeal; First-degree murder
Joanna Labastida
[Affirmed; Beier; Sept. 5, 2014]
[Affirmed; Beier; Sept. 5, 2014]
- Improper admission of prejudicial evidence
- Failure to give limiting instructions re: other bad acts and prior bad acts
- Failure to give lesser-included offense instruction for voluntary manslaughter
- 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]
- Failure to inquire into request for new counsel
- Insufficient evidence
- Failure to give lesser-included offense instructions
- Improper classification of alternative conviction
Direct appeal; Felony murder
Michael P. Whalen[Affirmed; Johnson; July 3, 2014]
- Lack of jurisdiction
- Insufficient evidence of aiding and abetting
- Deficient jury instructions
State v. Kiara Williams, No. 108,586 (Sedgwick)
Direct appeal; Felony murder
Stephen J. House
[Affirmed; Johnson; July 3, 2014]
[Affirmed; Johnson; July 3, 2014]
- Improper giving of sympathy instruction
- Failure to give mere association instruction
- 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]
[Affirmed; King; Sept. 5, 2014]
- Improper vehicle search
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