October 2016 KSC docket

Here are the criminal cases on the KSC docket for October 24-27, 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.

October 24--Monday--a.m.

State v. Kristofer Wright, No. 112,635 (Sedgwick)
Direct appeal; premeditated first-degree murder
Michael P. Whalen

[Affirmed; Beier; February 16, 2018]

• Denial of right to be present
• Ineffective assistance of counsel on motion to dismiss
• Denial of statutory speedy trial
• Improper instruction on inference of premeditation
• Prosecutorial misconduct
• Improper instructions on "intentional"

State v. Zachary Eisenhour, Sr., No. 111,478 (Stafford)
Probation revocation appeal (petition for review)
Patrick H. Dunn

[Dismissed as improvidently granted; October 28, 2016]

• Lack of jurisdiction to revoke expired probation
• Illegal sentence under double rule

October 25--Tuesday--a.m.

State v. Dominic Parry, No. 113,130 (Clay)
State appeal (petition for review)
Phylemon C. Yau

[Affirmed; Biles; March 24, 2017]

• District court properly granted motion to suppress evidence (Fourth Amendment)

State v. Robert Sasser, No. 108,149 (Johnson)

Direct appeal (petition for review); burglary/criminal threat
Korey A. Kaul

[Affirmed; per curiam; March 21, 2017]

• Insufficient evidence
• Improper testimony from victim regarding damage to property

State v. Cameron Howard, No. 110,439 (Johnson)

Direct appeal (petition for review); criminal possession of firearm
Craig M. Divine

[Affirmed; per curiam; March 20, 2017]

• Completed Missouri SIS probation is not a prior conviction
• Failure to grant motion to suppress evidence (Fourth Amendment)
• Improper exclusion of defense evidence

October 26--Wednesday--a.m.

State v. Jason Robinson, No. 110,040 (Wyandotte)
Direct appeal (petition for review); aggravated burglary/aggravated battery
Randall L. Hodgkinson

[Affirmed; Stegall; August 11, 2017]

• Violation of statutory speedy trial
• Insufficient evidence of burglary
• Aggravated battery statute is unconstitutionally vague
• Improper instruction on bodily harm
• Improper admission of prior bad act evidence
• Failure to give limiting instruction
• Denial of right to be present

October 27--Thursday--a.m.

Terry McIntyre v. State, No. 111,580 (Douglas)
K.S.A. 60-1507 appeal (petition for review)
Janine Cox (brief), Randall L. Hodgkinson (argue)

[Reversed/Remanded; Buser; September 1, 2017]

• Whether retained counsel must be effective in K.S.A. 60-1507 hearing

State v. Phillip Cheatham, No. 113,799 (Shawnee)

Motion to withdraw plea
Meryl Carver-Allmond

[Affirmed; May 26, 2017; Luckert]

• Failure to allow withdrawal of no contest plea