October 26--Monday--a.m.
State v. Milo Brown, No. 111,345 (Sedgwick)
Direct appeal; felony murder
Lydia Krebs (brief); Peter Maharry (argue)
[Affirmed; Beier; March 11, 2016]
- Insufficient evidence of aggravated robbery
- Insufficient evidence of underlying offense for felony murder
- Life sentence violates "double rule"
Direct appeal (petition for review); DUI
Heather Cessna
[Affirmed; Stegall; June 17, 2016]
- Improper use of prior convictions for enhancement
Direct appeal; felony murder
Lydia Krebs (brief); Peter Maharry (argue)
- Failure to give lesser-included offense instructions
- Failure to instruct that felony murder does not apply to co-felon
- Improper prosecutorial argument
- Life sentence violates "double rule"
K.S.A. 21-2512 appeal
Janine Cox
[Rvd/rmd; Johnson; January 15, 2016]
- Improper summary denial of DNA test
Motion to correct illegal sentence appeal
Carl F.A. Maughan
[Affirmed; Nuss; March 18, 2016]
- Improper summary denial of motion to correct illegal sentence
October 27--Tuesday--a.m.
State v. Gregory Keenan, No. 108,550 (Johnson)
Direct appeal (petition for review); DUI
Courtney T. Henderson
[Affirmed; Beier; August 19, 2016]
- Failure to grant motion to suppress evidence
October 28--Wednesday--a.m.
State v. Christopher Davisson, No. 109,778 (Neosho)
Motion to withdraw plea appeal
Michelle A. Davis
[Affirmed; Nuss; March 25, 2016]
- Whether lack of knowledge constitutes excusable neglect for untimely motion
Motion to correct illegal sentence appeal
Gerald E. Wells
[Affirmed; Beier; March 11, 2016]
- Retroactive application of Alleyne
Direct appeal; aggravated indecent liberties with a child
Janine Cox
[Affirmed; Biles; December 31, 2015]
- Improper admission of evidence of prior bad acts
- Insufficient evidence of aggravated indecent liberties with a child
- Improper admission of SANE/SART nurse prelim testimony
- Improper admission of pornographic photographs
Motion to correct illegal sentence appeal
Gerald E. Wells
[Affirmed; Rosen; December 18, 2015]
- Failure to conduct competency hearing resulted in illegal conviction and sentence
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