December 2015 KSC docket

Here are the criminal cases on the KSC docket for December 14-17, 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.

 

December 14--Monday--a.m.

State v. Gary Kleypas, No. 101,724 (Crawford)
Direct appeal; capital murder and death sentence
Sarah Ellen Johnson, Meryl B. Carver-Allmond

[Affd/Rvd/Vac; Luckert; October 21, 2016]

December 15--Tuesday--a.m.

State v. Jeffrey Pribble, No. 108,915 (Sedgwick)
Direct appeal (petition for review); possession with intent
Lydia Krebs (brief); Peter Maharry (argue)
[Affd/Rvd; Johnson; July 15, 2016]

• Two counts of no tax stamp are multiplicitous
• Improper prosecutorial argument

State v. Anson Bernhardt, No. 111,639 (Sedgwick)
Direct appeal; first-degree murder
Michelle A. Davis
[Affirmed; Beier; May 27, 2016]

• Improper instruction on premeditation
• Improper ordering of lesser-included offense instructions
• Failure to give voluntary manslaughter instruction
• Retroactive application of new hard-50 law violates Ex Post Facto Clause

State v. Zachary Smith, No. 112,250 (Sumner)
Motion to withdraw plea appeal
Charles O'Hara
[Affirmed; Biles; January 29, 2016]

• Failure to allow withdrawal of plea
• Late notice of appeal (Ortiz)

December 16--Wednesday--a.m.

State v. George Lamae, No. 110,940 (Wyandotte)
Motion to correct illegal sentence appeal
Gerald E. Wells
[Affirmed; Rosen; March 11, 2016]

• Failure to grant motion to correct illegal sentence where lack of subject-matter jurisdiction

December 17--Thursday--a.m.

City of Dodge City v. Orie Webb, No. 109,634 (Ford)
Direct appeal (petition for review); DUI
Michael S. Holland, II

[Affirmed; Stegall; October 21, 2016]

• Improper search

State v. Matthew Fisher, No. 109,706 (Lyon)
Direct appeal (petition for review); attempted second-degree murder
Samuel Schirer
[Affirmed; Beier; April 22, 2016]

• Doyle violation
• Improper prosecutorial argument
• Failure to give lesser-included offense instruction
• Insufficient evidence of criminal damage to property