March 2019 KSC Docket

Here are the criminal cases on the KSC docket for March 11-15, 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.

March 11--Monday--a.m.

State v. Christopher Boothby, No. 116,505 (Stevens)

Direct appeal (petition for review); Aggravated assault/criminal threat

Korey A. Kaul

[Affirmed; Stegall; September 6, 2019]

• Judicial misconduct (improper comment)
• Improper instruction regarding jury's duty to follow instructions

State v. Larry Toothman, No. 114,944 (Saline)

Direct appeal (petition for review); Agg criminal sodomy/rape

Korey A. Kaul

[Affirmed; Stegall; September 6, 2019]

• Whether aggravated incest is more specific offense
• Failure to inquire into dissatisfaction with appointed counsel
• Improper instruction regarding jury's duty to follow instructions

State v. Darrin Hirsh, No. 116,356 (Barton)

Direct appeal (petition for review); Aggravated assault/criminal threat

Samuel D. Schirer

[Affirmed; per curiam; August 2, 2019]

• Brady violation
• Separate criminal threats multiplicitous
• Prosecutorial error in closing argument

State v. Samuel Chavez, No. 115,602 (Wyandotte)

Direct appeal (petition for review); Agg burglary/stalking

Randall L. Hodgkinson

[Affirmed; Johnson; August 23, 2019]

• Insufficient evidence of burglary (inconsistent proof)
• Insufficient evidence of reckless stalking
• Failure to instruct on implied waiver
• Failure to provide limiting instruction for bad act evidence

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

March 12--Tuesday--a.m.

State v. Terry Ballou, Sr., No. 116,252 (Miami)

Direct appeal (petition for review); Agg indecent liberties

Peter Maharry

[Affirmed; Juckert; September 6, 2019]

• Prosecutorial error in closing argument
• Improper admission of forensic interview of child victim
• Failure to order psychological exam of child victim 

State v. Dashaun Howling, No. 116,524 (Pratt)

Direct appeal; Aggravated criminal sodomy

Rick Kittel

[Affirmed; Luckert; September 6, 2019]

• Improper admission of forensic interview of child victim
• Insufficient evidence of aggravated criminal sodomy

March 13--Wednesday--a.m.

State v. Tony Roat, 113,531 (Sedgwick)

Sentencing appeal (petition for review)

Jennifer C. Roth

[Dismissal affirmed; Rosen; June 19, 2020]

• Is sentence appeal moot after completion of sentence?

State v. Carlton Mayes, No. 115,006 (Johnson)

Sentencing appeal (petition for review)

Catherine A. Zigtema

[Dismissal affirmed; Rosen; June 19, 2020]

• Is sentenced appeal moot after completion of sentence?

State v. Jacob McAlister, Jr., No. 115,887 (Finney)

Sentencing appeal (petition for review)

Gerald E.Wells

[Reversed/remanded; Johnson; July 12, 2019]

Improper classification of prior convictions

March 14--Thursday--a.m.

State v. Clyde Newton, Jr., No. 116,098 (Saline)

Sentencing appeal (petition for review)

Kai Tate Mann

[Affirmed; Biles; June 7, 2019]

• Improper classification of prior conviction

State v. Richard Tracy, No. 113,763 (Sedgwick)

Probation violation appeal (petition for review)

Heather Cessna

[Appeal dismissed; per curiam; June 19, 2020]

• Improper classification of prior conviction

State v. Robert Weber, No. 113,472 (Sedgwick)

Sentencing appeal (petition for review)

Peter Maharry

[Affirmed; Biles; June 14, 2019]

• Improper classification of prior conviction

State v. Robin Smith, No. 115,586 (Johnson)

Sentencing appeal (petition for review)

Samuel D. Schirer

[Vacated/remanded; Biles; May 17, 2019]

• Improper classification of Missouri municipal ordinance violation

March 14--Thursday--p.m.

State v. Aleena Dawson, 116,530 (Sedgwick)

Sentencing appeal (petition for review)

Roger L. Falk

[Affirmed; Johnson; July 12, 2019]

• Improper classification of prior conviction

March 15--Friday--a.m.

State v. Jimmy Murdock, No. 117,315 (Shawnee)

Sentencing appeal

Samuel D. Schirer

[Vacated/remanded; Stegall; April 19, 2019]

• Improper "correction" of previously corrected sentence

State v. Cameron Johnson, No. 117,788 (Montgomery)

Sentencing appeal

Kai Tate Mann

[Affirmed/vacated; Beier; May 31, 2019]

• Improper imposition of consecutive sentences
• Improper imposition of restitution
• Improper imposition of lifetime postrelease