December 8--Monday--a.m.
State v. William Barber, Jr., No. 106,911 (Cherokee)
Direct appeal (petition for review); Aggravated battery
Michelle A. Davis
[Affirmed; per curiam; July 10, 2015]
- Improper admission of bad acts evidence
- Erroneous limiting instruction on bad acts evidence
- Improper closing argument
- Improper acceptance of verdict without confirming accuracy
Direct appeal (petition for review); Involuntary manslaughter
Rick Kittel
[Affirmed; Luckert; June 19, 2015]
- Insufficient evidence
- Failure to dismiss for failure to show mens rea
- Denial of right to be present and Public Trial in response to jury question
- Insufficient evidence of alternative means of involuntary manslaughter
- Failure to define "imminence"
- Failure to give instruction related to consideration of regulation
- Failure to grant mistrial after intimidation of witness
- Improper acceptance of verdict without confirming accuracy
Sentencing appeal (petition for review)
Christina M. Kerls
[Petition for review withdrawn Jan. 13, 2015]
- Improper sentencing to DOC rather than placement at LSH
State v. Ramon Rodriguez, No. 106,731 (Johnson)
DNA testing appeal (petition for review)
Michael J. Bartee
[Affirmed; Nuss; June 5, 2015]
- Failure to make findings of fact and conclusions of law
- Failure to grant new trial based on new forensic DNA testing
Direct appeal; First-degree murder
Lydia Krebs (brief); Peter Maharry (argue)
[Affirmed; Rosen; March 6, 2015]
- Improper closing argument
Direct appeal (petition for review); DUI manslaughter
Corrine E. Johnson
[Affirmed; Biles; Feb. 20, 2015]
- Insufficient evidence of alternative means
- Failure to instruct on proximate cause
- Erroneous lesser-included offense instructions
State appeal (petition for review)
Jonathan A. Bortnick
[Rvd/rmd; Johnson; April 24, 2015]
- Suppression of controlled buy by officer outside of jurisdiction
State v. Jerry Sellers, No. 109,080 (Harvey)
Direct appeal (petition for review); Agg indecent liberties
Michael P. Whalen
[Affirmed; Beier; March 6, 2015]
- Failure to grant motion for arrest of judgment
Direct appeal (petition for review); Forgery/stalking
Rick Kittel
[Affirmed; July 15, 2016]
- Defective complaint (forgery)
- Insufficient evidence (stalking)
Direct appeal (petition for review); Agg criminal sodomy
Heather R. Cessna
[Affd/Rvd; Stegall, Nov. 22, 2015]
- Improper admission of prior bad act evidence
- Failure to suppress confession
- Insufficient evidence of alternative means
- Insufficient evidence
- Improper burden of proof instruction
State v. Tommy James, No. 106,083 (Franklin)
Direct appeal (petition for review); Possession with intent
Randall L. Hodgkinson
[Rvd/rmd; Stegall; May 8, 2015]
- Improper search of cell phone
- Improper admission of text messages
- Improper admission of officer testimony regarding text messages
- Improper prosecutorial comment
- Insufficient evidence of intent to distribute
Direct appeal (petition for review); Manufacture
Matthew J. Edge (brief); Joanna Labastida (argue)
[Affirmed; Johnson; April 17, 2015]
- Failure to suppress evidence
Sentencing appeal (petition for review)
Gerald E. Wells
[Affirmed; Biles; May 15, 2015]
- Lifetime post-release is Cruel and Unusual
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