Here are the criminal cases on the KSC docket for January 28-February 1, 2019. 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 28--Monday--a.m.State v. Stephen Gentry, No. 116,371 (Saline)
Direct appeal; First-degree murder
Peter Maharry
[Affirmed/Vacated; Rosen; September 20, 2019]
- Failure to give voluntary manslaughter instruction
- Failure to give lesser-included offense instructions
- Denial of motion to continue
- Improper assessment of restitution
State v. Macio Palacio, Jr., No. 116,899 (Saline)
Direct appeal; First-degree murder
Gerald E. Wells
[Affirmed; Rosen; June 7, 2019]
- Failure to change venue
- Improper admission of confession
State v. Steven Edwards, No. 117,305 (Sedgwick)
Sentencing appeal and motion to withdraw plea
Jennifer C. Roth
[Affirmed/vacated; Stegall; May 10, 2019]
- Improper imposition of lifetime postrelease supervision
- Dissatisfaction with counsel required withdrawal of plea
State v. Marquel Dean, No. 116,568 (Sedgwick)
Direct appeal; First-degree premeditated murder
Carl Maughan
[Affirmed; Stegall; October 25, 2019]
- Juror misconduct
- Failure to give informant cautionary instruction
- Failure to grant new trial re: evidence of witness' plea deal
- Insufficient evidence of premeditation
- Improper admission of gang affiliation evidence
January 29--Tuesday--a.m.
State v. Erica Tatro, No. 118,237 (Saline)
State appeal (petition for review)
Joel Ensley
[Reversed/remanded; Luckert; July 26, 2019]
- Whether attenuation doctrine applied to excuse Fourth Amendment violation
State v. Daniel Christian, No. 116,133 (Reno)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
- Whether attenuation doctrine applied to excuse Fourth Amendment violation
State v. Lee Sanders, No. 118,640 (Shawnee)
State appeal (petition for review)
Reid T. Nelson
- No reasonable suspicion to detain
- Whether attenuation doctrine applied to excuse Fourth Amendment violation
- Whether alternative bases for search (inevitable discovery/inventory) justified warrantless search
January 30--Wednesday--a.m.
State v. Grover James, 117,945 (Sedgwick)
Direct appeal; First-degree premeditated murder
Kai Tate Mann
[Affirmed; Beier; June 28, 2019]
- Failure to give lesser-included offense instructions
- Improper admission of autopsy photos
- Prosecutorial error in closing argument
- Denial of right to be present when granting continuances
State v. Rogelio Soto, Jr., No. 117,059 (Sedgwick)
Direct appeal (after remand); First-degree premeditated murder
Kevin J. Zolotor
- Whether trial court could consider Brady challenge on appellate remand
January 31--Thursday--a.m.
State v. Alejandro Garcia-Garcia, No. 116,648 (Montgomery)
Direct appeal; Attempted capital murder
Clayton J. Perkins
[Affirmed/vacated; Biles; May 10, 2019]
- Improper admission of other crimes evidence
- Prosecutorial error in closing argument
- Failure to give attempted kidnapping instruction as lesser
- Improper assessment of BIDS fees
State v. Stephen Macomber, No. 113,869 (Shawnee)
Direct appeal (petition for review); Involuntary manslaughter
Jonathan B. Phelps
[Affirmed; Biles; May 17, 2019]
- Self-defense immunity
- Failure to instruct on self-defense presumption
February 1--Friday--a.m.
Reginald Stewart v. State, No. 115,149 (Sedgwick)
K.S.A. 60-1507 appeal
Michael P. Whalen
[Affirmed; Johnson; July 12, 2019]
- Failure to appoint counsel for consideration of state's response to motion
- Failure to call eyewitness ID expert was ineffective assistance of counsel
State v. Jeffery Redding, No. 115,037 (Rice)
Sentencing appeal
Michael P. Whalen
[Affirmed; July 12, 2019]
- Failure to appoint counsel for motion to correct illegal sentence
- Failure to consider departure motion from hard-25 sentence
Kedrin Littlejohn v. State, No. 115,904 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Remanded to COA; Johnson; August 23, 2019]
- Whether exceptional circumstances justified second or successive petition
Austin N. Jones, No. 114,601 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Kristen B. Patty
[Dismissed as improvidently granted July 12, 2019]
- Failure to appoint counsel for hearing
- Ineffective assistance of trial counsel
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