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]
State v. Zachary Eisenhour, Sr., No. 111,478 (Stafford)
Probation revocation appeal (petition for review)
Patrick H. Dunn
- 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"
Probation revocation appeal (petition for review)
Patrick H. Dunn
[Dismissed as improvidently granted; October 28, 2016]
October 25--Tuesday--a.m.
State v. Dominic Parry, No. 113,130 (Clay)
State appeal (petition for review)
Phylemon C. Yau
- 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]
Korey A. Kaul
- 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 threatKorey A. Kaul
[Affirmed; per curiam; March 21, 2017]
Craig M. Divine
- 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 firearmCraig M. Divine
[Affirmed; per curiam; March 20, 2017]
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
- 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]
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)
- 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]
Meryl Carver-Allmond
- Whether retained counsel must be effective in K.S.A. 60-1507 hearing
State v. Phillip Cheatham, No. 113,799 (Shawnee)
Motion to withdraw pleaMeryl Carver-Allmond
[Affirmed; May 26, 2017; Luckert]
- Failure to allow withdrawal of no contest plea
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