Saturday, October 27, 2018

December 2018 KSC Docket

Here are the criminal cases on the KSC docket for December 10-14, 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.

December 10--Monday--a.m.

State v. Scot Bacon, No. 114,951 (Sedgwick)
Direct appeal (petition for review); Commercial sexual exploitation
Cooper G. Overstreet
[Affirmed; Stegall; June 28, 2019]
  • Conflict of interest with appointed attorney
State v. Anthony Smith, No. 113,828 (Sedgwick)
Sentencing appeal (petition for review)
Angela Michelle Davidson
[Affirmed; per curiam; May 31, 2019]
  • Failure to award jail-time credit
Terral Breedlove v. State, No. 115,401 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Kristen B. Patty
[Affirmed/Reversed; Johnson; July 12, 2019]
  • Improper adoption of state's response as finding of fact and conclusions of law
  • Denial of appointment of counsel for hearing
  • Ineffective assistance of counsel
  • Improper imposition of filing fee

December 11--Tuesday--a.m.

State v. Dewayne Hambright, No. 115,259 (Sedgwick)
Sentencing appeal (petition for review)
Clayton J. Perkins
  • Improper extension of probation period
State v. Roy Samuel, No. 116,423 (Wyandotte)
Sentencing appeal
Peter Maharry
[Affirmed; Biles; January 11, 2019]
  • Life sentence for juvenile is Cruel and Unusual Punishment
State v. Elgin Robinson, No. 116,650 (Sedgwick)
Post-conviction motion appeal
Kristen B. Patty
[Affirmed; Rosen; January 11, 2019]
  • Improper denial of pro se motion to compel discovery

December 12--Wednesday--a.m.

State v. Jack Lapointe, No. 113,580 (Johnson)
DNA testing appeal
Richard Ney
[Affirmed/Sustained; Biles; February 15, 2019]
  • Improper denial new trial upon DNA testing
  • Whether movant was entitled to DNA testing
State v. Fran Andrade-Reyes, No. 115,044 (Johnson)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
  • Fourth Amendment violation (not a voluntary encounter and no reasonable suspicion)

December 13--Thursday--a.m.

State v. Howard Barrett, No. 113,767 (Riley)
Direct appeal (petition for review); Second-degree murder
Michelle A. Davis
  • Failure to give lesser-included offense instruction
State v. James Qualls, No. 115,648 (Shawnee)
Direct appeal; First-degree premeditated murder
Kasper C. Schirer
  • Failure to give self-defense instruction

December 14--Friday--a.m.

State v. Curtis Ayers, No. 117,654
Sentencing appeal 
Meryl Carver-Allmond
[Affirmed/Vacated; Beier; January 11, 2019]
  • BIDS fee
  • Improper imposition of consecutive grid sentences to off-grid sentence
State v. Terrance Sims, No. 114,959 (Wyandotte)
Direct appeal (petition for review); Failure to register
Ryan Eddinger
[Remanded; Luckert; March 8, 2019]
  • KORA's fee requirement is unconstitutional

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