Saturday, September 14, 2019

October-November 2019 KSC Docket

Here are the criminal cases on the KSC docket for October 29-November 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.

October 29--Tuesday--a.m.

State v. Sherman Jenkins, No. 118,120 (Shawnee)
Direct appeal; First-degree felony murder
Korey A. Kaul
[Affirmed; Beier; January 10, 2020]
  • Improper admission of audio recording without proper identification
  • "Moving violations" as used in fleeing statute is vague
State v. Amber Burden, No. 116,810 (Sumner)
Direct appeal (petition for review); Possession
Randall L. Hodgkinson
[Affirmed; Luckert; July 17, 2020]
  • Incompetence to represent self

October 30--Wednesday--a.m.

State v. Freddie Thomas, No. 116,111 (Barton)
State appeal (petition for review)
Donald E. Anderson, II
[Reversed/remanded; Biles; April 24, 2020]
  • Whether self-defense immunity applied
State v. Seth Collins, No. 117,743 (Sedgwick)
State appeal (petition for review)
Patrick H. Dunn
[Reversed/remanded; Biles; April 24, 2020]
  • Whether self-defense immunity applied
State v. Kent Lindemuth, No. 116,937 (Shawnee)
Direct appeal (petition for review); Criminal threat
Christopher M. Joseph
  • Improper denial of workplace defense instruction
  • Whether criminal threat conviction based in part on reckless conduct unconstitutional

October 31--Thursday--a.m.

State v. Londro Patterson, No. 118,180 (Johnson)
Direct appeal; First-degree felony murder
Peter T. Maharry
[Affirmed; Biles; January 10, 2020]
  • Felony murder statute includes unconstitutional conclusive presumption
  • Improper instruction requiring jurors to follow instructions
  • Prosecutorial error in jury selection
  • Hard-25 sentence is disproportionate applied to young adults
John Balbirnie v. State, No. 115,650 (Franklin)
K.S.A. 60-1507 appeal (petition for review)
Gerald E. Wells
  • IAC for failing to introduce 911 call made by witness
State v. Marvin Gray, 117,747 (Sedgwick)
Direct appeal; First-degree premeditated murder
Michelle A. Davis
[Affirmed; Rosen; February 28, 2020]
  • First-degree premeditated and second-degree murder are identical offenses
  • Improper admission of prior bad act evidence
  • Failure to give lesser-included offense instruction
State v. Dale Willis, No. 117,436 (Johnson)
Direct appeal; First-degree murder
Jennifer C. Roth
[Affirmed; Stegall; September 25, 2020]
  • Failure to allow defense argument
  • Prosecutorial error in closing argument
  • Improper admission of law witness opinion testimony
  • Improper weighing of aggravating and mitigating factors at sentencing

November 1--Friday--a.m.

State v. Brandon Fowler, No. 116,803 (Sedgwick)
Direct appeal (petition for review); Domestic battery
Caroline M. Zuschek
[Affirmed; Beier; February 14, 2020]
  • Improper use of prior misdemeanor for criminal history and to elevate battery to felony
State v. Wesley Smith, No. 115,321 (Sedgwick)
Direct appeal (petition for review); PBT refusal
Patrick H. Dunn
[COA dismissal affirmed; Rosen; January 31, 2020]
  • Conviction to crime found unconstitutional should be vacated

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