September 2014 KSC Docket

Here are the criminal cases on the KSC docket for September 8-12, 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 if you would like to listen in on any of these arguments.

 

September 8--Monday--a.m.

 

State v. Leonard Charles, No. 105,148 (Sedgwick)
Direct appeal (petition for review); Aggravated battery
Randall L. Hodgkinson
[Affd/rvd; per curiam; April 22, 2016]

• Overbroad jury instruction
• Insufficient evidence of alternative means
• Improper closing argument
• Failure to give limiting instruction
• Improper judicial finding requiring registration

State v. Bryce Dull, No. 106,437 (Sedgwick)

Sentencing appeal (petition for review)
Joanna Labastida
[Rvd/rmd; Malone; June 5, 2015]

• Lifetime postrelease is cruel and unusual
• Improper consecutive sentences

State v. Eli Betancourt, No. 108,944 (Sedgwick)

Direct appeal; First-degree murder
Carl F. A. Maughan
[Affirmed; Luckert; Feb. 13, 2015]

• Failure to suppress statements
• Improper admission of hearsay of co-defendants
• Failure to give cautionary eyewitness ID instruction
• Insufficient evidence
• Ineffective assistance of counsel

September 9--Tuesday--a.m.

 

State v. Olin Coones, No. 107,180 (Wyandotte)
Direct appeal; First-degree murder
Joanna Labastida
[Affd/Rmd; Biles; Dec. 12, 2014]

• Ineffective assistance of counsel
• Improper admission of hearsay evidence
• Improper closing argument
• Improper imposition of hard-50 sentence

State v. Trevejon Killings, No. 108,021 (Shawnee)

Direct appeal; First-degree murder
Christina M. Kerls
[Affd/Vacd; Jan. 16, 2015; Rosen]

• Failure to give lesser-included offense instruction
• Improper closing argument
• Denial of right to be present
• Improper imposition of hard-50 sentence

September 10--Wednesday--a.m.

 

State v. Cyrus Talkington, No. 107,596 (Lyon)
State appeal (petition for review)
Steven J. Atherton
[Affirmed; Malone; March 6, 2015]

• Whether backyard qualified as curtilage
• Whether improper entry into back yard attenuated

State v. Adam Longoria, No. 108,333 (Barton)

Direct appeal; Capital murder
Reid T. Nelson
[Affirmed; Luckert; March 6, 2015]

• Failure to change venue
• Failure to give lesser-included offense instruction
• Improper admission of photograph
• Improper admission of video of defendant being arrested
• Improper closing argument'
• Juror misconduct
• Insufficient evidence of capital murder

September 11--Thursday--a.m.

 

Doe v. Thompson, No. 110,318 (Shawnee)
State appeal
Christopher M. Joseph
[Affirmed; Johnson; April 22, 2016]

• Retroactive application of KORA amendments violates Ex Post Facto Clause

State v. Promise Redmond, No. 110,280 (Shawnee)

State appeal
Jeffrey G. Dazey
[Affirmed; Johnson; April 22, 2016]

• Retroactive application of KORA amendments violates Ex Post Facto Clause

State v. Joseph Buser, No. 105,982 (Mitchell)

Sentencing appeal (petition for review)
Meryl Carver-Allmond
[Reversed; Johnson; April 22, 2016]

• Lifetime postrelease is cruel and unusual
• Improper use of juvenile adjudication as conviction for KORA
• Improper collection fee not authorized by statute

September 12--Friday--a.m.

 

State v. Scott Cheever, No. 99,988 (Greenwood)
Direct appeal; Capital murder
Debra J. Wilson
[Affirmed; Rosen; July 22, 2016]

• On remand from United States Supreme Court

State v. Willie Smith-Parker, No. 105,918 (Saline)

Direct appeal; First-degree murder
Lydia Krebs
[Rvd/rmd; Beier; Dec. 24, 2014]

• Insufficient evidence
• Insufficient evidence of alternative means
• Improper consolidation
• Improper exclusion of defense evidence as hearsay
• Improper burden of proof instruction
• Improper instruction after substitution of juror