May 2015 KSC docket

Here are the criminal cases on the KSC docket for May 2-7, 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.

May 4--Monday--a.m.

State v. Eddie Thomas, No. 110,585 (Johnson)
Direct appeal; Felony murder
Korey A. Kaul
[Affirmed; Johnson; July 24, 2015]

• Improper instruction on combined theory murder
• Failure to suppress evidence
• Prosecutorial misconduct

State v. Tiffany Jones, No. 104,516 (Sedgwick)
Sentencing appeal (petition for review)
Theresa L. Barr (brief); Peter Maharry (argue)
[Rvd/rmd; Biles; June 12, 2015]

• Violation of plea agreement

Raymond Fuller v. State, No. 108,714 (Sedgwick)
Habeas appeal (petition for review)
Michael P. Whalen
[Affd/Rvd; Beier; December 23, 2015]

• Unsupported findings of fact
• Conflict of interest at post-trial motions and sentencing

May 5--Tuesday--a.m.

State v. David Ryce, No. 111,698 (Sedgwick)
State appeal (petition for review)
Patrick H. Dunn

[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]

• Constitutionality of criminal refusal statute

State v. Gregory Nece, No. 111,401 (Saline)
State appeal (petition for review)
Michael S. Holland, II

[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]

• Fourth Amendment violation

State v. Darwin Wycoff, No. 110,393 (Saline)
State appeal
Roger D. Struble

[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]

• Constitutionality of criminal refusal statute

State v. Derick Wilson, No. 112,009 (Shawnee)
State appeal
Kevin P. Shepherd

[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]

• Constitutionality of criminal refusal statute

May 6--Wednesday--a.m.

State v. Daniel Tims, No. 109,472 (Jackson)
State appeal (petition for review)
Kevin P. Shepherd
[Sustained; Rosen; August 14, 2015]

• Uncounseled prior diversion as prior conviction

State v. Jerome Cheeks, No. 111,279 (Wyandotte)
K.S.A. 21-2512 appeal
Paul M. Dent
[Rvd/rmd; Beier; June 19, 2015]

• Whether "custody" required for DNA testing

State v. David Kershaw, No. 109,548 (Shawnee)
Direct appeal (petition for review); Agg assault on a LEO
Sarah Ellen Johnson
[Affirmed; Johnson; September 25, 2015]

• Failure to give voluntary intoxication instruction
• Exclusion evidence supporting theory of defense
• Improper instruction that voluntary intoxication was not a defense

May 7--Thursday--a.m.

State v. Raymond Swint, No. 107,516 (Ford)
Direct appeal (petition for review); Agg Indecent Liberties
Heather R. Cessna
[Affirmed; Biles; July 2, 2015]

• Improper exclusion of defense evidence
• Insufficient evidence
• Prosecutorial misconduct
• Disproportionate sentencing

State v. Mical Barlow, No. 108,830 (Seward)
State appeal (petition for review)
Patrick H. Dunn
[Affirmed; Beier; February 19, 2016]

• Stand Your Ground immunity

State v. Brent Bollinger, No. 110,945 (Bourbon)
Direct appeal; Felony murder
Kurt P. Kerns
[Affirmed; Rosen; June 26, 2015]

• Insufficient evidence of element of arson
• Arson statute is unconstitutionally vague
• Prosecutorial misconduct
• Improper admission of hearsay