January 2017 KSC Docket

Here are the criminal cases on the KSC docket for January 23- 26, 2017. 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.

January 23--Monday--a.m.

State v. Troy Robinson, No. 113,684 (Shawnee)

Direct appeal; Premeditated first-degree murder

Samuel D. Schirer

[Affirmed; Rosen; May 26, 2017]

• Improper exclusion of victim dating contacts
• Prosecutorial error
• Limitation of voir dire
• Inadequate sentencing notice

January 24--Tuesday--a.m.

State v. Ramiro Garcia, No. 112,502 (Johnson)

Direct appeal (petition for review); Identity theft 

Randall L. Hodgkinson

[Affirmed (after remand from SCOTUS); Beier; June 12, 2020]

• Insufficient evidence of intent to defraud
• Federal preemption
• Failure to give unanimity instruction

State v. VanRoyen, No. 116,773 (Elk)

Direct appeal (petition for review); Aggravated indecent liberties

Michael P. Whalen

[Dismissed as improvidently granted January 25, 2017]

• Preliminary hearing errors
• Insufficient evidence

January 26--Thursday--a.m.

State v. Jeramy Zwickl, No. 113,362 (Reno)

State appeal (petition for review)

Charles A. O'Hara

[Reversed; Biles; May 5, 2017]

• Application of good-faith exception to deficient search warrant affidavit

State v. Jose Delacruz, No. 116,640 (Reno)

Direct appeal (petition for review); direct contempt

Sam S. Kepfield

[Reversed; per curiam; March 2, 2018]

• Violation of Fifth Amendment right against self-incrimination