Here are the criminal cases on the KSC docket for September 9-12, 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.
September 9--Monday--a.m.State v. Corey Yazell, No. 116,761 (Johnson)
Probation violation appeal (petition for review)
Randall L. Hodgkinson
- Whether probation violation appeal moot
State v. Robert Ward, No. 116,545 (Franklin)
Probation violation appeal (petition for review)
Kasper C. Shirer
- Whether probation violation appeal moot
State v. Jason Hachmeister, No. 114,796 (Shawnee)
Direct appeal; First-degree premeditated murder
Joseph A. Desch
[Affirmed; Stegall; June 5, 2020]
- Improper admission of bad act evidence
- Prosecutorial error in closing argument
State v. Anthony Becker, No. 118,235 (Ford)
Direct appeal; First-degree premeditated murder
Patrick H. Dunn
[Affirmed; McAnany; February 28, 2020]
- Prosecutorial error
- Failure to give lesser-included offense instructions
September 10--Tuesday--a.m.
State v. Christopher Lyman, No. 114,312 (Geary)
Direct appeal; First-degree felony murder/ child abuse
Richard Ney
[Affirmed; Nuss; January 10, 2020]
- Newly discovered evidence requires new trial
- Brady violation
- Improper admission of medical expert testimony
- Improper admission of prejudicial photographs
- Change of judge improperly denied
- Improper exclusion of medical records review
State v. Samuel Harris, No. 112,883 (Lyon)
Direct appeal (petition for review); Robbery/kidnapping
Reid T. Nelson
[Affirmed; Biles; December 13, 2019]
- Insufficient evidence of kidnapping
- Failure to instruct on criminal restraint as lesser included offense
- Failure to give unanimity instruction
- Failure of trial counsel to file a motion for arrest of judgment
Ziad Khalil-Alsalaami, No. 115,184 (Riley)
K.S.A. 60-1507 appeal (petition for review)
Richard Ney
[Motion for rehearing granted and re-argued on December 18, 2020]
- Failure to object to admission of incriminating statements was IAC
September 11--Wednesday-a.m.
State v. Jeremy Claerhout, No. 115,227 (Johnson)
Direct appeal (petition for review); Second-degree unintentional murder
Meryl Carver-Allmond
[Affirmed; Rosen; December 6, 2019]
- Improper admission of prior diversion agreement
- Improper admission of police officer as crash data retrieval expert
- Failure to instruct on voluntary intoxication
State v. Kyle Chavez-Majors, No. 115,286 (Butler)
Direct appeal (petition for review); Agg battery (DUI)
Rick Kittel
[Affirmed/remanded; Rosen; December 20, 2019]
- Park ranger did not have probable cause to justify warrantless blood draw
- Park ranger did not have exigent circumstances to justify warrantless blood draw
State v. Darrell Broxton, No. 114,675 (Wyandotte)
Direct appeal (petition for review); Second-degree murder
Korey A. Kaul
[Affirmed/vacated; Stegall; April 17, 2020]
- Improper exclusion of document prepared by Florida prosecutor
- Improper classification of prior Florida burglary conviction
September 12--Thursday--a.m.
State v. Jalen Jones, No. 113,044 (Sedgwick)
Direct appeal (petition for review); Attempted first-degree murder
Patrick H. Dunn
[Petition dismissed as improvidently granted; September 17, 2019]
- Failure to instruct on defense of person
- Failure to instruct on lesser-included offense
State v. Ken 'Dum Owens, No. 115,441 (Sedgwick)
Direct appeal (petition for review); Agg robhery/criminal use of weapon
Clayton J. Perkins
[Affimed; Luckert; November 1, 2019]
- Constitutional speedy trial violation
No comments:
Post a Comment