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
Sentencing appeal (petition for review)
Theresa L. Barr (brief); Peter Maharry (argue)
[Rvd/rmd; Biles; June 12, 2015]
- Violation of plea agreement
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]
State appeal (petition for review)
Michael S. Holland, II
- Constitutionality of criminal refusal statute
State appeal (petition for review)
Michael S. Holland, II
[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]
State appeal
Roger D. Struble
- Fourth Amendment violation
State appeal
Roger D. Struble
[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]
State appeal
Kevin P. Shepherd
- Constitutionality of criminal refusal statute
State appeal
Kevin P. Shepherd
[Affirmed; Luckert; February 26, 2016; on rehearing June 30, 2017]
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]
K.S.A. 21-2512 appeal
Paul M. Dent
[Rvd/rmd; Beier; June 19, 2015]
Direct appeal (petition for review); Agg assault on a LEO
Sarah Ellen Johnson
[Affirmed; Johnson; September 25, 2015]
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]
State appeal (petition for review)
Patrick H. Dunn
[Affirmed; Beier; February 19, 2016]
Direct appeal; Felony murder
Kurt P. Kerns
[Affirmed; Rosen; June 26, 2015]
- 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
K.S.A. 21-2512 appeal
Paul M. Dent
[Rvd/rmd; Beier; June 19, 2015]
- Whether "custody" required for DNA testing
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 appeal (petition for review)
Patrick H. Dunn
[Affirmed; Beier; February 19, 2016]
- Stand Your Ground immunity
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