Saturday, November 01, 2014

December 2014 KSC docket

Here are the criminal cases on the KSC docket for December 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 at the appellate court website (here) and archived (here)if you would like to watch any of these arguments.

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]
  1. Improper admission of bad acts evidence
  2. Erroneous limiting instruction on bad acts evidence
  3. Improper closing argument
  4. Improper acceptance of verdict without confirming accuracy
State v. Michelle Bolze-Sann, No. 105,297 (Shawnee)
Direct appeal (petition for review); Involuntary manslaughter
Rick Kittel
[Affirmed; Luckert; June 19, 2015]
  1. Insufficient evidence
  2. Failure to dismiss for failure to show mens rea
  3. Denial of right to be present and Public Trial in response to jury question
  4. Insufficient evidence of alternative means of involuntary manslaughter
  5. Failure to define "imminence"
  6. Failure to give instruction related to consideration of regulation
  7. Failure to grant mistrial after intimidation of witness
  8. Improper acceptance of verdict without confirming accuracy
State v. Mark Alexander, No. 107,410 (Shawnee)
Sentencing appeal (petition for review)
Christina M. Kerls
[Petition for review withdrawn Jan. 13, 2015]
  1. Improper sentencing to DOC rather than placement at LSH
December 9--Tuesday--a.m.

State v. Ramon Rodriguez, No. 106,731 (Johnson)
DNA testing appeal (petition for review)
Michael J. Bartee
[Affirmed; Nuss; June 5, 2015]
  1. Failure to make findings of fact and conclusions of law
  2. Failure to grant new trial based on new forensic DNA testing
State v. Daniel Parker, No. 111,044 (Riley)
Direct appeal; First-degree murder
Lydia Krebs (brief); Peter Maharry (argue)
[Affirmed; Rosen; March 6, 2015]
  1. Improper closing argument
State v. Jason Brammer, No. 106,696 (Marshall)
Direct appeal (petition for review); DUI manslaughter
Corrine E. Johnson
[Affirmed; Biles; Feb. 20, 2015]
  1. Insufficient evidence of alternative means
  2. Failure to instruct on proximate cause
  3. Erroneous lesser-included offense instructions
State v. Carl Vrabel, No. 108,930 (Johnson)
State appeal (petition for review)
Jonathan A. Bortnick
[Rvd/rmd; Johnson; April 24, 2015]
  1. Suppression of controlled buy by officer outside of jurisdiction
December 11--Thursday--a.m.

State v. Jerry Sellers, No. 109,080 (Harvey)
Direct appeal (petition for review); Agg indecent liberties
Michael P. Whalen
[Affirmed; Beier; March 6, 2015]
  1. Failure to grant motion for arrest of judgment
State v. Jerold Dunn, No. 106,586 (Labette)
Direct appeal (petition for review); Forgery/stalking
Rick Kittel
[Affirmed; July 15, 2016]
  1. Defective complaint (forgery)
  2. Insufficient evidence (stalking)
State v. Justin Dern, No. 106,406 (Pottawatomie)
Direct appeal (petition for review); Agg criminal sodomy
Heather R. Cessna
[Affd/Rvd; Stegall, Nov. 22, 2015]
  1. Improper admission of prior bad act evidence
  2. Failure to suppress confession
  3. Insufficient evidence of alternative means
  4. Insufficient evidence
  5. Improper burden of proof instruction
December 12--Friday--a.m.

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]
  1. Improper search of cell phone
  2. Improper admission of text messages
  3. Improper admission of officer testimony regarding text messages
  4. Improper prosecutorial comment
  5. Insufficient evidence of intent to distribute
State v. Larry Overman, No. 105,504 (Cherokee)
Direct appeal (petition for review); Manufacture
Matthew J. Edge (brief); Joanna Labastida (argue)
[Affirmed; Johnson; April 17, 2015]
  1. Failure to suppress evidence
State v. Cody Funk, No. 107,422 (Cloud)
Sentencing appeal (petition for review)
Gerald E. Wells
[Affirmed; Biles; May 15, 2015]
  1. Lifetime post-release is Cruel and Unusual

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