January 2018 KSC Docket

Here are the criminal cases on the KSC docket for January 22-26, 2018. 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 22--Monday--a.m.

State v. Shelbert Smith, No. 116,968 (Sedgwick)
Denial of late appeal
Richard Ney
[Reversed and remanded; Nuss; August 17, 2018]

• Improper consideration of factors related to defendant's credibility

State v. Kasey Nesbitt, No. 116,550 (Sedgwick)

Direct appeal; First-degree felony murder

Kimberly Streit Vogelsberg

[Affirmed; Beier; June 1, 2018]

• Death did not occur within res gestae of underlying felony
• Insufficient evidence of causation
• Insufficient evidence of specific intent for aggravated burglary
• Prosecutorial error

State v. Derek Campbell, No. 116,430 (Sedgwick)

Direct appeal; First-degree premeditated murder

Korey A. Kaul

[Affirmed; Stegall; August 17, 2018]

• Improper rehabilitation of prosecution witness
• Improper admission of prior bad act evidence
• Failure to give voluntary manslaughter instruction as lesser-included offense

State v. Jonell Lloyd, No. 115,834 (Sedgwick)

Sentencing appeal (after remand)

Clayton J. Perkins

[Affirmed; Rosen; August 10, 2018]

• Improper admission of testimony from first trial
• Insufficient evidence of prior conviction used for enhancement

January 23--Tuesday--a.m.

State v. Lawrence Hubbard, No. 113,888 (Douglas)

Direct appeal (petition for review); Possession

James Edwin Rumsey

[Affirmed; Biles; December 7, 2018]

• No probable cause to search apartment
• No exigent circumstances to allow warrantless search
• Improper admission of law opinion re: smell of marijuana

State v. Tyler Regelman, No. 116,398 (Geary)

State's appeal (petition for review); Possession of Marijuana

Amber Cabrerra

[Affirmed/reversed; Biles; December 7, 2018]

• Whether questions regarding marijuana odor were custodial
• No probable cause to search home

State v. Pablo Gonzalez, No. 112,841 (Pottawatomie)

Direct appeal (petition for review); Unintentional second-degree murder

Carol Longenecker Schmidt

[Affirmed; Biles; March 9, 2018]

• Unintentional second-degree murder is unconstitutionally vague
• Insufficient evidence of unintentional second-degree murder
• Improper answer to jury question
• Improper limiting instruction re: prior bad act evidence

January 24--Wednesday--a.m.

State v. Thomas Jenkins, No. 106,741 (Saline)

Direct appeal; First-degree murder

Gerald E. Wells

[Affirmed; Rosen; July 27, 2018]

• Insufficient evidence to support convictions
• Juror misconduct
• Improper retrospective competency determination

State v. Dana Chandler, No. 108,625 (Shawnee)

Direct appeal; First-degree premeditated murder

Stacey Schlimmer

[Reversed and remanded; Biles; April 6, 2018]

• Insufficient evidence to support convictions
• Prosecutorial error re: arguing facts not in evidence

January 25--Thursday--a.m

State v. Archie Robinson, No. 115,483 (Douglas)

Direct appeal; First-degree felony murder

Meryl Carver-Allmond

[Affirmed; Luckert; June 29, 2018]

• Insufficient evidence of proof that defendant killed victim
• Improper jury instruction re: shooter in felony murder case

State v. Dustin Walker, No. 116,174 (Douglas)

Direct appeal; First-degree felony murder

Peter Maharry

[Affirmed; June 29, 2018]

• Improper meeting with juror outside defendant's presence
• Judicial misconduct re: shredding juror's notes without notice to parties
• Improper admission of statements in violation of Miranda
• Failure to give aiding and abetting instruction

January 26--Friday--a.m.

Danny Beauclair v. State, No. 112,556 (Shawnee)

K.S.A. 60-1507 appeal (petition for review)

Jonathan B. Phelps

[Remanded; Beier; June 22, 2018]

• Failure to apply "actual innocence" exception to time limit

State v. Awnterio Lowery, No. 115,377 (Shawnee)

Direct appeal; First-degree premeditated murder

Richard Ney

[Affirmed; per curiam; October 5, 2018]

• Prosecutorial error re: closing arguments
• Denial of right to be present during hearings
• Improper aiding and abetting instruction
• Improper admission of involuntary statement
• Failure to redact portions of recorded statement (Elnicki)
• Improper admission of hearsay evidence
• Insufficient evidence

In re Clay Snyder, No. 117,512 (Pawnee)

Civil commitment of person incompetent to stand trial

Mary D. Curtis

[Affirmed; Stegall; July 27, 2018]

• Involuntary commitment of persons incompetent to stand trial violates Equal Protection
• Involuntary commitment of persons incompetent to stand trial violates Due Process
• Insufficient evidence for involuntary commitment

In re Habeas Petition of Clay Snyder, No. 117,167 (Original Action)

Petition for Habeas Corpus

Mark J. Dinkel

[Petition denied; Stegall; July 27, 2018]

• Speedy trial violation due to lengthy incompetency detention
• Due process violation due to lengthy incompetency detention