January 2016 KSC docket

Here are the criminal cases on the KSC docket for January 25-29, 2016.  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.

January 25--Monday--a.m.

State v. Ebony Nguyen, No. 112,316 (Sedgwick)
Sentencing appeal
Joanna Labastida
[Affirmed; Nuss; May 20, 2016]

• Failure to grant downward durational departure

State v. Shelbert Smith, No. 110,061 (Sedgwick)
Sentencing appeal
Michelle A. Davis
[Rvd/Rmd; Johnson; August 5, 2016]

• Out-of-time notice of appeal (Ortiz)

State v. Kyle Beltz, No. 111,785 (Sedgwick)
Direct appeal; felony murder
Ryan J. Eddinger

[Affirmed; Stegall; January 27, 2017]

• Improper admission of prior drug sales and marijuana grow
• Insufficient evidence of proximate cause of death
• Failure to give self-defense instruction
• Failure to give unanimity instruction on distribution

January 26--Tuesday--a.m.

State v. Sarah Sessin, No. 110,054 (Geary)
Direct appeal (petition for review); possession
Randall L. Hodgkinson
[Petitions for review dismissed by agreement; January 26, 2016]

• Fourth Amendment violation
• Improper aiding and abetting instruction
• Insufficient evidence

January 27--Wednesday--a.m.

State v. Mitchell Northern, No. 112,955 (Wyandotte)
Sentencing appeal
Samuel Schirer
[Affirmed; Rosen; July 22, 2016]

• Notice of appeal from sentence was timely because sentence not complete
• If notice of appeal untimely, Ortiz exception applied

State v. Dana Chandler, No. 108,625 (Shawnee)
Direct appeal; first-degree murder
Nancy Ogle

[Reset for argument January 24, 2018]

[Rvd/rmd; Biles; April 6, 2018]

• Improper imposition of hard-50 sentences
• Improper inference stacking
• Improper admission of prior bad act evidence
• Improper prosecutorial argument

State v. Jeff Dickey, No. 110,325 (Saline)
Probation violation appeal (petition for review)
Samuel Schirer
[Vacated; Stegall; October 7, 2016]

• Improper admission of prior sentences after revocation
• Improper scoring of prior burglary conviction in criminal history

January 28--Thursday--a.m.

State v. Breonna Wilkins, No. 109,313 (Shawnee)
Direct appeal (petition for review); aggravated intimidation of a witness
Randall L. Hodgkinson
[Reversed; Malone; September 9, 2016]

• Insufficient evidence
• Statute is unconstitutionally vague

January 29--Friday-a.m.

State v. Michael West, No. 111,124 (Riley)
Sentencing appeal (petition for review)
Christina M. Kerls
[Petition for review dismissed as improvidently granted]

• Improper restitution order when plan was unworkable