Saturday, September 08, 2018

October 2018 KSC Docket

Here are the criminal cases on the KSC docket for October 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.

October 23--Tuesday--a.m.

State v. Yamuna Rizal, No. 115,036 (Johnson)
Direct appeal (petition for review); Possession with intent to distribute
Jonathan L. Laurans
[Reargued after supplemental briefing]
[Affirmed; Stegall; July 19, 2019]
  • Insufficient evidence of knowledge of substance
In re Bowman, No. 119,270 (Original Action)
Writ of Habeas Corpus
Mark J. Dinkel
  • Double jeopardy bar to second trial after mistrial
State v. Wyatt Brown, No. 113,751 (Brown)
Sentencing appeal (petition for review)
Kai Tate Mann
  • Improper increase in sentence after successful appeal

October 24--Wednesday--a.m.

State v. Grant Wilson, No. 114,567 (Reno)
Sentencing appeal (petition for review)
Caroline M. Zuschek
  • Prosecutorial error at motion to correct illegal sentence (misstatements of fact)
State v. Jose Gonzalez-Sandoval, No. 114,894 (Lyon)
Direct appeal (petition for review); Agg indecent liberties with a child
Christopher S. O'Hara
[Affirmed; Luckert; December 21, 2018]
  • Batson violation

October 25--Thursday--a.m.

State v. David Lundberg, No. 114,897 (Sedgwick)
State v. Michael Elzufon, No. 114,898 (Sedgwick)
State appeal (petition for review); 
David L. Miller (Lundberg); Kurt P. Kerns (Elzufon)
  • Lack of territorial jurisdiction over securities fraud offenses
State v. Ivan Alvarez, No. 115,993 (Saline)
Sentencing appeal (petition for review)
Samuel D. Schirer
[Aff'd/Rev'd; Rosen; January 18, 2019]
  • Improper assessment of court costs for preparing exhibits for trial
State v. Daquantrius Johnson, No. 113,228 (Sedgwick)
Direct appeal (petition for review); Criminal possession of firearm/agg assault
Samuel D. Schirer
  • Judge sleeping in trial is structural error
  • Improper limited jury trial waiver
October 26--Friday--a.m.

State v. Marcus Guein, Jr., No. 115,426 (Johnson)
Direct appeal (petition for review); Distribution
Thomas J. Bath
  • Improper admission of statements pre- and post-Miranda

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