Here are the criminal cases on the KSC docket for December 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.
December 11--Monday--a.m.State v. Phillip Clapp, No. 112,842 (Reno)
Probation revocation appeal (petition for review)
Caroline M. Zuschek
[Reversed and remanded; Johnson; September 7, 2018]
- Improper revocation re: bypass of intermediate sanction
State v. Archie Dooley, No. 111,554 (McPherson)
Probation revocation appeal (petition for review)
Jennifer C. Roth
- Improper absconder finding in probation revocation
State v. Ernest Sandoval, No. 113,299 (Sedgwick)
Sentencing appeal (petition for review)
Samuel D. Schirer
[Affirmed; per curiam; August 31, 2018]
- Improper correction of postrelease supervision period after probation revocation
State v. Andrew Roth, No. 113,753 (Finney)
Sentencing appeal (petition for review)
Samuel D. Schirer
- Improper correction of postrelease supervision period after probation revocation
State v. Johnathan Riffe, No. 113,746 (Reno)
Sentencing appeal (petition for review)
Patrick H. Dunn
[Reversed and remanded; Rosen; June 8, 2018]
- Lifetime postrelease unconstitutional
December 13--Wednesday--a.m.
State v. Dyron King, No. 116,146 (Wyandotte)
Direct appeal; Attempted capital murder/conspiracy to commit agg robbery
Michael G. Highland
[Affirmed; Stegall; June 1, 2018]
- Insufficient evidence re: identity
- Insufficient evidence re: agreement
- Prosecutorial error by commenting "we know"
Stephen White v. State, No. 114,284 (Wyandotte)
K.S.A. 60-1507 appeal (petition for review)
Joshua S. Andrews
- One-year statute of limitations does not apply retroactively
State v. Matthew Wilson, No. 115,435 (Riley)
Motion to withdraw appeal
Carl Maughan
[Affirmed; Stegall; July 6, 2018]
- No factual basis for plea
- District court did not explicitly find factual basis
December 14--Thursday--a.m.
State v. Jerome Brown, No. 111,690 (Sedgwick)
Direct appeal; First-degree murder
Kristen Patty
[Affirmed; Nuss; March 23, 2018]
- Improper publication of autopsy photographs
State v. Josiah Bunyard, No. 112,645 (Sedgwick)
Direct appeal (petition for review); Aggravated battery/Intimidation of a witness
Richard Ney
- Denial of right to self-representation
