January 2015 KSC docket

Here are the criminal cases on the KSC docket for January 26-30, 2015.  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 and archived (here)if you would like to watch any of these arguments.

 

January 26--Monday--a.m.

 

Robert Dumler v. Kansas Dep't of Revenue, No. 106,748 (Russell)

Direct appeal (petition for review); DUI administrative

Michael S. Holland, II

[Rvd/rmd; Johnson; July 24, 2015]

• Denial of statutory right to consult counsel after breath test

State v. Samuel Reed, No. 106,807 (Sedgwick)
Direct appeal (petition for review); Attempted first-degree murder
Richard Ney
[Affd/Vacd; Beier; June 19, 2015]

• Public trial violation
• Improper vouching
• Improper admission of gang evidence
• Prosecutorial misconduct

State v. Michael Williams, No. 109,353 (Sedgwick)
Direct appeal; First-degree murder
Deborah Hughes (brief); Michelle A. Davis (argue)
[Affirmed; Stegall; January 8, 2016]

• Improper exclusion of victim's prior act of violence
• Failure to disclose exculpatory evidence
• Failure to give lesser-included offense instruction
• Prosecutorial misconduct

State v. David Moncla, No. 110,549 (Sedgwick)
Motion to correct illegal sentence
Carl Maughan
[Affirmed; Beier; March 6, 2015]

• Unconstitutional hard-40 sentence was illegal

January 27--Tuesday--a.m.

State v. Kaston Hudgins, No. 108,599 (Cherokee)
Direct appeal; Felony murder
Randall L. Hodgkinson
[Affirmed; Biles; April 3, 2015]

• Failure to change venue
• Improper judicial criticism of counsel
• Prosecutorial misconduct
• Improper exclusion of defense evidence of police pursuit policy
• DUI manslaughter more specific than felony murder

State v. Harold Ford, No. 109,806 (Johnson)
Motion to correct illegal sentence
Krystal L. Vokins (brief); Richard Ney (argue)
[Revd/Rmd; Luckert; July 31, 2015]

• Lack of jurisdiction due to incompetency to stand trial

January 28--Wednesday--a.m.

State v. Francisco Estrada-Vital, No. 107,324 (Finney)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
[Affirmed; Johnson; August 21, 2015]

• Fourth Amendment violation (exceeded scope of stop)
• Improper burden of proof instruction

January 29--Thursday--a.m.

State v. Kyree McClelland, No. 109,044 (Shawnee)
Direct appeal; Felony murder
Rachel L. Pickering (brief); Peter Maharrry (argue)\
[Affd/Vacd; Rosen; April 24, 2015]

• Insufficient evidence of alternative means
• Overbroad jury instruction
• Sentence violates "double-double" rule

State v. Gustin Brownlee, No. 110,262 (Wyandotte)
Direct appeal; First-degree murder
Michelle A. Davis
[Affirmed; Beier; August 7, 2015]

• Statutory speedy trial violation
• Failure to give lesser included offense instruction
• Prosecutorial misconduct
• Improper statements from state witnesses

January 30--Friday--a.m.

State v. Jodi Laborde, No. 107,872 (Clay)
Direct appeal (petition for review); Theft
Randall L. Hodgkinson
[Reversed; per curiam; November 6, 2015]

• Insufficient evidence of theft by deception

State v. David Sprauge, No. 108,062 (Saline)
Direct appeal; First-degree murder
Heather R. Cessna
[Affd/Vacd; Stegall; December 4, 2015]

• Failure to give unanimity instruction
• Failure to investigate pro se motion claiming IAC
• Prosecutorial misconduct
• Insufficient evidence of aggravating factors for hard-50