Saturday, January 17, 2015

March 2015 KSC docket

Here are the criminal cases on the KSC docket for March 2-6, 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 (here) and archived (here)if you would like to watch any of these arguments.

March 2--Monday--a.m.

State v. Ryan Pfannenstiel, No. 107,987 (Sumner)
Direct appeal (petition for review); Aggravated sexual battery
Randall L. Hodgkinson
[Affirmed; Luckert; September 25, 2015]
  1. Failure to give lesser-included offense
  2. Failure to appoint conflict-free counsel for IAC hearing
State v. Kishen Woods, No. 108,998 (Sedgwick)
Direct appeal; First-degree murder
Rachel L. Pickering (brief); Korey A. Kaul (argue)
[Affirmed; Biles; May 1, 2015]
  1. Failure to hold adequate competency hearing
  2. Erroneous finding of competency
  3. Failure to require second competency hearing
  4. Failure to give lesser-included offense instruction
  5. Failure to allow defense counsel to question jurors regarding mental illness
  6. Failure to suppress statements
  7. Insufficient evidence
State v. Christopher Tahah, No. 109,857 (Ford)
Direct appeal; Felony murder
Lydia Krebs (brief); Peter Maharry (argue)
[Affirmed; Stegall; October 2, 2015]
  1. Failure to instruct on lesser-included offenses
  2. Prosecutorial misconduct
  3. Improper judicial statement about mistrial
State v. Michael Reed, No. 107,957 (Sedgwick)
Direct appeal; Felony murder
Catherine A. Zigtema, Carl F.A. Maughan
[Affirmed; Beier; July 10, 2015]
  1. Improper elements instructions
  2. Insufficient evidence of alternative means
  3. Failure to give lesser included offense instructions
  4. Improper admission of victim statements

March 3--Tuesday--a.m.

State v. Jordan Dunn, No. 106,586 (Labette)
Direct appeal (petition for review); Forgery
Rick Kittel
[Affirmed; Beier; July 15, 2016]
  1. Defective complaint
  2. Insufficient evidence

March 4--Wednesday--a.m.

State v. Timothy Cooper, No. 106,986 (Wyandotte)
Direct appeal (petition for review); Aggravated battery
Rick Kittel
[Affirmed; Stegall; February 12, 2016]
  1. Improper response to jury questions
  2. Failure to give lesser-included offense instructions
State v. Cedric Warren, No. 107,159 (Wyandotte)
Direct appeal; First-degree murder
Patrick H. Dunn
[Affd/Vacd; Johnson; August 28, 2015]
  1. Improperly tainted jury
  2. Failure to grant mistrial after witness misconduct
  3. Failure to sever
  4. Improper burden of proof instruction
State v. Dominic Moore, No. 109,480 (Wyandotte)
Direct appeal; First-degree murder
Michael J. Bartee
[Affd/Vacd; Johnson; August 28, 2015]
  1. Failure to grant mistrial re: jury selection
  2. Failure to suppress eyewitness ID
  3. Failure to grant mistrial re: changed testimony
  4. Improper admission of firearm without chain of custody
  5. Improper instruction on consideration of degree of certainty
State v. Randall Murray, No. 110,214 (Wyandotte)
Motion to correct illegal sentence
Gerald E. Wells
[Affirmed; Luckert; July 31, 2015]
  1. Lack of jurisdiction due to incompetency

March 5--Thursday--a.m.

State v. Kody Godfrey, No. 109,086 (Shawnee)
Sentencing appeal
Randall L. Hodgkinson
[Affirmed; Stegall; May 29, 2015]
  1. Failure to follow plea agreement
State v. Manuel Alcala, No. 111,006 (Shawnee)
Sentencing appeal
Joanna Labastida
[Affd/Vacd; Biles; April 24, 2015]
  1. Improper no-contact order

March 6--Friday--a.m.

State v. Danny Keel, No. 106,096 (McPherson)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
[Affirmed; Rosen; August 28, 2015]
  1. Insufficient evidence
  2. Improper paraphernalia instruction
  3. Improper classification of prior convictions
State v. Cornelius Sisson, No. 106,580 (Saline)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
[Affirmed; Rosen; June 12, 2015]
  1. Improper answer to jury question
  2. Discovery violation
  3. Improper paraphernalia instruction
State v. Jeff Dickey, No. 110,245 (Saline)
Sentencing appeal (petition for review)
Samuel Schirer
[Rvd/rmd; Rosen; May 22, 2015]
  1. Improper classification of prior convictions