May 2017 KSC Docket

Here are the criminal cases on the KSC docket for May 1-4, 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.

May 1--Monday--a.m.

Landrum v. Goering and State Board of Indigent Defense Services, No. 116,447 (Sedgwick)
Original action (mandamus)

Sarah Swain

[Petition granted in part; Luckert; July 21, 2017]

• Whether district court had to hold hearing on whether defendant unable to obtain necessary defense services

State v. Tony Toliver, No. 111,897 (Riley)

Direct appeal (petition for review); Possession

Brenda Mari Cameron

[Affirmed; Nuss; May 18, 2018]

• Illegal search of parolee's apartment

State v. Daniel Perez, No. 114,554 (Sedgwick)

Direct appeal; First-degree premeditated murder

Michelle A. Davis

[Affirmed; Rosen; June 23, 2017]

• Improper admission of hearsay evidence
• Improper suicide jury instruction
• Improper admission of prior bad act evidence
• Insufficient limiting instruction re: prior bad act evidence
• Improper limiting instruction

State v. Antwon Banks, No. 114,614 (Sedgwick)

Direct appeal; First-degree premeditated murder

Corrine E. Gunning

[Affirmed; Johnson; July 21, 2017]

• Insufficient evidence of premeditation
• Prosecutorial error
• Improper exclusion of defense evidence (authentication)

May 2--Tuesday--a.m.

State v. Sarah McLinn, No. 114,506 (Douglas)

Direct appeal; First-degree premeditated murder

Samuel Schirer

[Affirmed; Luckert; January 26, 2018]

• Improper instruction on lesser-included offense
• Failure to give Allen instruction prior to opening statement
• Improper finding of aggravating circumstance (heinous, atrocious, cruel)
• Failure to impose downward departure

State v. Bruce Ashley, No. 114.052 (Johnson)

Direct appeal; First-degree felony murder

Sarah Ellen Johnson

[Affirmed; Rosen; June 23, 2017]

• Failure to give accomplice cautionary instruction
• Failure to grant new trial (newly discovered evidence)
• Insufficient limiting instruction re: prior bad acts

State v. Denise Davey, No. 111,774 (Johnson)

Direct appeal (petition for review); Attempted first-degree murder and conpiracy

Ryan J. Eddinger

[Affirmed; Johnson; July 21, 2017]

• Improper application of coconspirator hearsay exception

May 3--Wednesday--a.m.

State v. James Kinder, No. 112,844 (Wyandotte)

Sentencing appeal (petition for review)

Samuel Schirer

[Reversed; Nuss; January 5, 2018]

• Lack of jurisdiction to impose probation on sentence that had been served

May 4--Thursday--a.m.

State v. Reginald Carr, No. 90,044 (Sedgwick)

Direct appeal; Capital murder

Debra J. Wilson

State v. Jonathan Carr, No. 90,198 (Sedgwick)

Direct appeal; Capital Murder

Sarah Ellen Johnson