Here are the criminal cases on the KSC docket for September 10-13, 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.
September 10--Monday--a.m.State v. Brian Murrin, No. 115,110 (Clay)
Direct appeal (petition for review); Possession/Interference
Rick Kittel
[Affirmed; Beier; March 8, 2019]
- Failure to instruct on voluntary intoxication
State v. Robert Doelz, No. 113,165 (Leavenworth)
Direct appeal (petition for review); Possession with intent to distribute
Peter Maharry
- Officer exceeded scope of traffic stop
- Officer violated Fourth Amendment by searching object seized from vehicle
State v. Jesus Munoz, No. 114,219 (Shawnee)
Direct appeal (petition for review); Agg indecent liberties with a child/Electronic solicitation
Kimberly Streit Vogelsberg
[Petition for review voluntarily dismissed August 30, 2018]
- Improper instruction on electronic solicitation
- Insufficient evidence of electronic solicitation
- Prosecutorial error (closing argument)
State v. Lindsey Blansett, No. 115,634 (Sumner)
Direct appeal; First-degree premeditated murder
Michelle A. Davis
[Affirmed; Stegall; March 8, 2019]
- Improper instruction on premeditation
- Improper prosecutorial comment (burden shifting/misstating evidence)
September 12--Wednesday--a.m.
State v. James Jamerson, No. 115,629 (Shawnee)
Sentencing appeal
Joseph A. Desch
[Reversed/remanded; Nuss; January 25, 2019]
- Improper increase in sentences not found illegal
September 13--Thursday--a.m.
State v. Kenneth Boysaw, No. 112,834 (Sedgwick)
Direct appeal (petition for review); Agg indecent liberties with a child
Corrine E. Gunning
[Affirmed; Rosen; April 19, 2019]
- Insufficient evidence of intent
- Improper admission of prior convictions to show propensity
- Aggravated habitual sex offender statute unconstitutional
State v. Murad Razzaq, No. 114,325 (Sedgwick)
Direct appeal (petition fo review); Agg indecent liberties with a child
Corrine E. Gunning
[Affirmed; Rosen; April 19, 2019]
- Improper admission of other bad acts evidence
- Statutory speedy trial violation
State v. David Parker, Jr., No. 112,959 (Sedgwick)
Direct appeal (petition for review); Possession/Fleeing and Eluding
Christina M. Kerls
[Affirmed; Biles; December 7, 2018]
- Fourth Amendment violation (search exceeded scope of stop)
- Insufficient evidence of fleeing and eluding
- Improper sentence increased based on prior convictions
No comments:
Post a Comment