Here are the criminal cases on the KSC docket for September 14-18, 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.
September 14--Monday--a.m.
State v. Charles Shelly, No. 109,292 (Brown)
Direct appeal (petition for review); distribution of precursor
Nancy Ogle
[Sentence vacated and remanded per Snellings]
- Improper dismissal of appeal due to late notice of appeal
State v. Cara Perry, No. 109,506 (Brown)
Sentencing appeal (petition for review)
Carol Longenecker Schmidt
[Reversed; Beier; March 25, 2016]
- Improper classification of precursor severity level
State v. Richard Williams, No. 106,645 (Sedgwick)
Direct appeal (petition for review); criminal threat
Rachel Pickering (brief); Heather R. Cessna (argue)
[Affirmed; Luckert; February 12, 2016]
- Insufficient evidence of criminal threat
- Insufficient evidence of alternative means
State v. Gregory Rosa, No. 108,807 (Leavenworth)
Direct appeal (petition for review); possession
Korey A. Kaul
[Affirmed; Stegall; May 27, 2016]
- Insufficient evidence of possession
- Improper admission of prior bad acts
- Improper prosecutorial argument
September 15--Tuesday--a.m.
State v. Brock Collins, No. 108,660 (Sedgwick)
Sentencing appeal (petition for review)
Samuel Schirer
[Affirmed; Biles; December 23, 2015]
- Failure to make BIDS fee findings
- Improper term of probation for misdemeanor
State v. Reginald Dupree, No. 110,311 (Sedgwick)
Direct appeal; felony murder
Michael P. Whalen
[Affirmed; Luckert; April 29, 2016]
- Improper limitation of aiding and abetting instruction
- Improper amendment of complaint
- Insufficient evidence of felony murder
- Failure to charge aiding and abetting
- Failure to give compulsion defense instruction
State v. Nicholas Dupree, No. 111,518 (Sedgwick)
Direct appeal; felony murder
Kristen Patty
[Affirmed; Luckert; April 8, 2016]
- Speedy trial violation
- Batson violations
- Failure to exclude statements
- Gruesome photographs
State v. Michael Jordan, No. 106,409 (Sedgwick)
Direct appeal (petition for review); theft
Randall L. Hodgkinson
[Affirmed; Beier; March 25, 2016]
- Compulsory joinder violation
State v. Tyrone Walker, No. 110,712 (Sedgwick)
Direct appeal; first-degree murder
Carol Longenecker Schmidt
[Affirmed; Stegall; May 27, 2016]
- Failure to give lesser-included offense instruction
- Improper prosecutorial argument
- Failure to grant motion to suppress
September 16--Wednesday--a.m.
State v. Anthony Hankins, No. 109,123 (Johnson)
Motion to correct illegal sentence (petition for review)
Sarah Morrison Rapelye (brief); Catherine A. Zigtema (argue)
[
Rvd/rmd; Johnson; April 22, 2016]
- Improper classification of prior conviction
State v. Michael Daws, No. 108,716 (Wyandotte)
Direct appeal (petition for review); aggravated burglary
Lydia Krebs (brief); Peter Maharry (argue)
[
Reversed; Biles; February 19, 2016]
- Insufficient evidence of aggravated burglary
- Failure to instruct on lesser-included offense
- Failure to grant mistrial
State v. Henry Petersen-Beard, No. 108,061 (Saline)
Sentencing appeal (petition for review)
Michelle A. Davis
[Affirmed; Stegall; April 22, 2016]
- Lifetime postrelease and registration are unconstitutional
September 17--Thursday--a.m.
State v. Brett Seacat, No. 110,360 (Kingman)
Direct appeal; first-degree murder
Reid T. Nelson
[Affirmed; Rosen; January 15, 2016]
- Improper admission of hearsay statements
- Improper exclusion of evidence of suicidal tendencies of victim
- Improper exclusion of defense expert testimony
- Improper exclusion of victim's prior drug use
- Failure to strike witness' answer
September 18--Friday--a.m.
State v. Marquis Marshall, No. 110,976 (Sedgwick)
Direct appeal; capital murder
Sarah Ellen Johnson
[Affirmed; Rosen; December 18, 2015]
- Improper denial of psychiatric evaluation
- Improper denial of request for new counsel
- Improper judicial comment on guilt