Here are the criminal cases on the KSC docket for March 5-9, 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.
March 5--Monday--a.m.State v. Stacy Gensler, No. 112,523 (Sedgwick)
Direct appeal (petition for review); DUI
Christopher Ryan Gering
- Improper use of Wichita municipal DUI conviction to enhance subsequent prosecution
State v. Christopher Schrader, No. 115,196 (Sedgwick)
Sentencing appeal (petition for review)
Christopher Ryan Gering
[Vacated/remanded; Beier; August 10, 2018]
- Improper use of Wichita municipal DUI conviction as person felony
State v. David Mears, No. 115,278 (Sedgwick)
Direct appeal (petition for review); DUI
Christopher Ryan Gering
[Vacated/remanded; Beier; August 10, 2018]
- Improper use of Wichita municipal DUI conviction to enhance subsequent prosecution
March 6--Tuesday--a.m.
State v. Willie Fleming, No. 112,549 (Johnson)
Direct appeal (petition for review); Agg robbery/Agg burglary
Peter Maharry
[Affirmed; Luckert; August 10, 2018]
- Jury instruction broader than charging document
State v. Hai That Ton, No. 113,220 (Johnson)
Direct appeal (petition for review); Possession with intent to distribute
Randall L. Hodgkinson
[Affirmed; Rosen; July 27, 2018]
- Fourth Amendment violation (no reasonable suspicion to seize package)
March 7--Wednesday--a.m.
State v. Jessenia Jimenez, No. 116,250 (Geary)
State appeal (petition for review)
Kasper C. Schirer
- Fourth Amendment violation (improper extension of stop)
State v. Shaun Schooler, No. 116,636 (Geary)
State appeal (petition for review)
Michael P. Whalen
[Reversed; Biles; June 22, 2018]
- Fourth Amendment violation (improper extension of stop)
State v. Derrick Lowery, No. 116,637 (Geary)
State appeal (petition for review)
Dakota T. Loomis
- Fourth Amendment violation (improper extension of stop)
State v. Robin Boggess, No. 111,361 (Butler)
Direct appeal (petition for review); Possession
Carol Longenecker Schmidt
[Affirmed; Stegall; August 24, 2018]
- Fourth Amendment violation (no apparent authority to consent to search of bag)
March 8--Thursday--a.m.
State v. David Hanke, No. 114,143 (Harvey)
Direct appeal (petition for review); Possession
Ryan J. Eddinger
[Affirmed; Nuss; April 20, 2018]
- Fourth Amendment violation (no reasonable suspicion to support detention)
State v. Issac Williams, No. 108,394 (Sedgwick)
Direct appeal (petition for review); Aggravated burglary/aggravated battery
Randall L. Hodgkinson
[Affirmed; Luckert; November 30, 2018]
- Insufficient evidence of entry without authority
- Improper instruction defining bat as deadly weapon
- Failure to instruct on simple assault
- Aggravated battery where great bodily harm "can be inflicted" is unconstitutionally vague
- Failure to instruct on simple battery
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