May 2016 KSC docket

Here are the criminal cases on the KSC docket for May 2-5, 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.

May 2--Monday--a.m.

State v. Kyle Carter, No. 112,269 (Sedgwick)
Direct appeal; first-degree premeditated murder
Samuel Schirer
[Affirmed; Beier; September 30, 2016]

• Prosecutorial misconduct
• Preliminary instruction on reasonable doubt
• Failure to give lesser-included offense instruction
• Improper aiding and abetting instruction

State v. Quartez Brown, No. 113,253 (Sedgwick)

Direct appeal; felony murder
Korey A. Kaul

[Affirmed; Luckert; October 28, 2016]

• Failure to substitute counsel

State v. Jimmy Netherland, No. 112,806 (Shawnee)

Direct appeal; felony murder
Gerald E. Wells
[Affirmed; Beier; September 30, 2016]

• Insufficient evidence
• Prosecutorial misconduct

May 3--Tuesday--a.m.

State v. Jose Solis, No. 111,556 (Johnson)
Direct appeal; premeditated first-degree murder
Carol Longenecker Schmidt
[Affirmed; Johnson; September 9, 2016]

• Improper admission of prior bad act evidence
• Failure to give limiting instruction
• Failure to give lesser-included offense instructions
• Improper reasonable doubt instruction

State v. Tony Schaefer, No. 109,915 (Shawnee)

Direct appeal (petition for review); motion to withdraw plea
Johnathan M. Grube (brief); Carol Longenecker Schmidt (argue)

[Affirmed; Johnson; December 23, 2016]

• Failure to allow withdrawal of plea
• Failure to inform defendant of possibility of civil commitment

State v. Joseph Mattox, No. 111,162 (Johnson)

Direct appeal; premeditated first-degree murder
Catherine A. Zigtema

[Affirmed/Vacated; Stegall; March 10, 2017]

• Improper imposition of hard-50 sentence
• Improper instructions on intent, premeditation, aiding and abetting, etc.
• Failure to accept plea to non-homicide charges
• Failure to suppress statements
• Improper admission of statements obtained during psychological exam

May 4--Wednesday--a.m.

State v. Antonio Brown, Sr., No. 111,166
Direct appeal; felony murder
Peter Maharry

[Affirmed; Biles; January 20, 2017]

• Failure to suppress statements
• Improper imposition of upward departure
• Failure to give lesser-included offense instructions
• Insufficient evidence of obstruction

State v. Michael Staten, No. 108,305 (Wyandotte)

Direct appeal (petition for review); aggravated battery
Rebecca L. Kurz (brief); Michael P. Whalen (argue)
[Affirmed; Rosen; August 12, 2016]

• Instruction on burden of proof for self defense
• Prosecutorial misconduct
• Failure to substitute counsel

State v. Troy Love, II, No. 112,611 (Saline)

Direct appeal; felony murder
Peter Maharry

[Affirmed; Biles; January 20, 2017]

• Improper admission of autopsy photos
• Improper exclusion of evidence of civil suit
• Prosecutorial misconduct
• Failure to give lesser-included offense instructions

State v. Deaarion Potts, No. 113,302 (Wyandotte)

Direct appeal; felony murder
Samuel Schirer
[Affirmed; Rosen; June 24, 2016]

• Insufficient evidence
• Failure to suppress statements
• Improper aiding and abetting instruction
• Improper certification for adult prosecution (Apprendi)

May 5--Thursday--a.m.

State v. Bryant Seba, No. 113,149 (Pratt)
Direct appeal; premeditated first-degree murder
Michelle A. Davis
[Affirmed; Luckert; September 30, 2016]

• Insufficient evidence
• Failure to give lesser-included offense instructions
• Improper definition of "intentionally"
• Failure to give instructions for imperfect self-defense
• Improper admission of gruesome photographs

State v. Tiofilio Rodriguez, No. 110,346 (Grant)
Direct appeal (petition for review); aggravated kidnapping
Randall L. Hodgkinson

[Affirmed in part/Vacated; Johnson; March 24, 2017]

• Defective complaint
• Improper classification of prior conviction