September 2017 KSC Docket

Here are the criminal cases on the KSC docket for September 11-14, 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.

September 11--Monday--a.m.

State v. Roy Wetrich, No. 112,361 (Johnson)
Direct appeal (petition for review); Kidnapping
Korey A. Kaul
[Sentence vacated; Johnson; March 9, 2018]

• Improper classification of prior conviction

State v. Randy Sturgis, No. 112,544 (Sedgwick)
Direct appeal (petition for review); Criminal possession of firearm
Samuel D. Schirer
[Affirmed/Vacated; Johnson; March 9, 2018]

• Prosecutorial error (closing argument)
• Improper classification of prior conviction

State v. Charles Moore, No. 113,545 (Sedgwick)
Sentencing appeal (petition for review)
Corrine E. Gunning
[Vacated; Johnson; March 9, 2018]

• Improper classification of prior conviction

State v. Derrick Buell, No. 113,881 (Shawnee)
Sentencing appeal (petition for review)
Patrick H. Dunn
[Vacated; Johnson; March 9, 2018]

• Improper classification of prior conviction

September 12--Tuesday--a.m.

State v. Osi McBride, No. 112,277 (Shawnee)
Direct appeal (petition for review); Kidnapping
Carol Longenecker Schmidt
[Reversed/remanded; Biles; December 1, 2017]

• Misstatement of law re: victim credibility not harmless

State v. Christopher Ward, No. 111,640 (Johnson)
Direct appeal (petition for review); Theft/Making false writing
Randall L. Hodgkinson
[Reversed; Beier; January 12, 2018]

• Insufficient evidence of theft by deception
• Insufficient evidence of making a false writing

State v. Aaron Sayler, No. 110,048 (Kingman)
Direct appeal (petition for review); Failure to register
Rick Kittel
[Affirmed; Biles; October 27, 2017]

• Insufficient charging document
• Improper jury instruction re element of failure to register

September 13--Wednesday--a.m.

Vivian Mundy v. State, No. 112,131 (Lyon)
K.S.A. 60-1507 appeal (petition for review)
Kristin Patty

[Affirmed; Luckert; January 19, 2018]

• Whether defendant "in custody" when released from probation
• Ineffective assistance of postconviction counsel

State v. Marcus Butler, No. 115,604 (Wyandotte)
Direct appeal; First-degree felony murder/'conspiracy to commit aggravated robbrery
Kai Tate Mann
[Affirmed; Stegall; April 27, 2018]

• Improper conspiracy instruction
• Insufficient evidence of overt act
• Ineffective assistance of counsel
• Improper admission of prior bad acts evidence
• Failure to give limiting instruction
• Prosecutorial error

State v. Alfred Lehman, No. 112,500 (Sedgwick)
Sentencing appeal (petition for review)
Ryan Eddinger
[Reversed/Vacated; Johnson; September 28, 2018]

• Extension of post-release period violated Double Jeopardy Clause

State v. Ruiz-Ascencio, No. 115,343 (Lyon)
Direct appeal; First-degree premeditated murder
Vincent Rivera
[Affirmed; Rosen; December 15, 2017]

• Failure to give voluntary manslaughter instruction

September 14--Thursday--a.m.

State v. Gregory George, No. 112,224 (Leavenworth)
Motion for DNA testing (petition for review)
Christina M. Kerls
[Reversed/Remanded; Nuss; June 8, 2018]

• Improper denial of DNA testing of hairs found at crime scene

State v. Daron Ingham, No. 111,444 (Reno)
Direct appeal (petition for review); Possession of commercial explosive
Randall L. Hodgkinson
[Affirmed; Rosen; November 30, 2018]

• Improper admission of inflammatory words as evidence
• Improper admission of sheriff as lay witness
• Improper jury instruction defining commercial explosives
• Failure to give definition of "consumer firework"