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]
- Failure to give lesser-included offense
- Failure to appoint conflict-free counsel for IAC hearing
Direct appeal; First-degree murder
Rachel L. Pickering (brief); Korey A. Kaul (argue)
[Affirmed; Biles; May 1, 2015]
- Failure to hold adequate competency hearing
- Erroneous finding of competency
- Failure to require second competency hearing
- Failure to give lesser-included offense instruction
- Failure to allow defense counsel to question jurors regarding mental illness
- Failure to suppress statements
- Insufficient evidence
Direct appeal; Felony murder
Lydia Krebs (brief); Peter Maharry (argue)
[Affirmed; Stegall; October 2, 2015]
- Failure to instruct on lesser-included offenses
- Prosecutorial misconduct
- Improper judicial statement about mistrial
Direct appeal; Felony murder
Catherine A. Zigtema, Carl F.A. Maughan
[Affirmed; Beier; July 10, 2015]
- Improper elements instructions
- Insufficient evidence of alternative means
- Failure to give lesser included offense instructions
- 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]
- Defective complaint
- 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]
- Improper response to jury questions
- Failure to give lesser-included offense instructions
Direct appeal; First-degree murder
Patrick H. Dunn
[Affd/Vacd; Johnson; August 28, 2015]
- Improperly tainted jury
- Failure to grant mistrial after witness misconduct
- Failure to sever
- Improper burden of proof instruction
Direct appeal; First-degree murder
Michael J. Bartee
[Affd/Vacd; Johnson; August 28, 2015]
- Failure to grant mistrial re: jury selection
- Failure to suppress eyewitness ID
- Failure to grant mistrial re: changed testimony
- Improper admission of firearm without chain of custody
- Improper instruction on consideration of degree of certainty
Motion to correct illegal sentence
Gerald E. Wells
[Affirmed; Luckert; July 31, 2015]
- 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]
- Failure to follow plea agreement
Sentencing appeal
Joanna Labastida
[Affd/Vacd; Biles; April 24, 2015]
- 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]
- Insufficient evidence
- Improper paraphernalia instruction
- Improper classification of prior convictions
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
[Affirmed; Rosen; June 12, 2015]
- Improper answer to jury question
- Discovery violation
- Improper paraphernalia instruction
Sentencing appeal (petition for review)
Samuel Schirer
[Rvd/rmd; Rosen; May 22, 2015]
- Improper classification of prior convictions