Here are the criminal cases on the KSC docket for January 27-31, 2020. 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 27--Monday--a.m.State v. Jacqueline Coleman, No. 115,293 (Sedgwick)
Probation violation appeal (petition for review)
Caroline M. Zuschek
[Affirmed; Biles; April 3, 2020]
- Improper classification of prior involuntary manslaughter conviction
State v. Charles Bowser, No. 120,350 (Wyandotte)
Direct appeal; Attempted capital murder/agg robbery
Debra J. Wilson
[Affirmed; Stegall; October 23, 2020]
- Judicial misconduct (discussing plea negotiations with defendant)
- Prosecutorial error during closing argument
- Improper response to mid-deliberation jury question
State v. Cecil Meggerson, No. 117,131 (Wyandotte)
Direct appeal; Attempted capital murder/agg robbery
Jeffrey C. Leiker
[Affirmed; Stegall; October 23, 2020]
- Insufficient evidence for attempted capital murder
- Improper admission of cell phone contents
- Improper admission of jail phone calls
- Improper admission of uncharged robberies
- Improper admission of cumulative timeline evidence
State v. Tabitha Carter, No. 116,223 (Sedgwick)
Direct appeal (petition for review); Agg robbery
Jennifer C. Roth
[Affirmed; per curiam; March 6, 2020]
- District court improperly found use of deadly weapon for use of stun gun
January 28--Tuesday--a.m.
State v. Yesenia Sesmas, No. 119,862 (Sedgwick)
Direct appeal; First-degree murder/kidnapping
Meryl Carver-Allmond
[Affirmed; Beier; March 13, 2020]
- Improper admission of involuntary statements
- Improper admission that defendant invoked Miranda rights
State v. Efrain Gonzalez, Jr., No. 119,492 (Wyandotte)
Direct appeal; First-degree felony murder/attempted agg robbery
Jonathan L. Laurans
[Affirmed; Biles; March 27, 2020]
- Insufficient evidence to support intent to commit robbery
- Insufficient evidence of agreement for conpiracy
- Improper jury instruction on aiding and abetting
- Convictions for aiding and abetting and conspiracy violate Double Jeopardy Clause
- Improper exclusion of accomplice testimony
- Batson challenge
State v. Christopher Dale, No. 117, 162 (Johnson)
Direct appeal (petition for review); Agg robbery
Peter T. Maharry
[Affirmed; Luckert; October 16, 2020]
- Double Jeopardy violation for prosecution after first conviction affirmed on appeal
- Separate convictions for aggravated robbery are multiplicitous
State v. Reginald Frazier, No. 117,456 (Geary)
Motion to withdraw plea appeal (petition for review)
Clayton J. Perkins
- Uncertain provision in plea agreement constituted good cause to withdraw plea
January 29--Wednesday--a.m.
State v. Thad Green, 118,366 (Montgomery)
Direct appeal; First-degree premeditated murder
Peter T. Maharry
[Affirmed; Beier; August 21, 2020]
- Failure to give voluntary intoxication instruction
- Failure to give lesser-included offense instruction
- Failure to give cautionary informant instruction
- Improper admission of recorded statements
State v. John Harrison, No. 116,670 (Johnson)
Direct appeal (petition for review); Battery on a LEO
Rick A. Kittel
[Affirmed; Biles; July 17, 2020]
- Denial of statutory right to be present when jury question answered in writing
- Denial of constitutional right to be present when jury question answered in writing
January 30--Thursday--a.m.
State v. Ritchie Randle, Jr., No. 119,720 (Sedgwick)
Direct appeal; First-degree premeditated murder/criminal discharge of firearm
Rick A. Kittel
[Affirmed; Biles; May 1, 2020]
- Failure to give lesser-included offense instruction
- Insufficient evidence to support premeditated murder
- Improper admission of hearsay testimony
- Improper admission of photographs
- Improper admission of crime scene video
- Improper admission of photo of defendant in custody
- Improper denial of departure at sentencing
State v. De'Angelo Martinez, No. 119,739 (Shawnee)
Direct appeal; First-degree premeditated murder
Kristen B. Patty
[Affirmed; Luckert; July 24, 2020]
- Prosecutorial error in closing argument (burden shifting)
State v. Christopher Pattillo, No. 118,941 (Shawnee)
Direct appeal; First-degree felony murder/agg assault/discharge of a firearm
Michelle A. Davis
[Affirmed; Luckert; August 21, 2020]
- Aggravated assault conviction merged with felony murder
- Insufficient evidence of risk to support child endangerment conviction
- Insufficient evidence of criminal discharge of firearm
- Insufficient evidence of felony murder
- Improper jury instruction on felony murder
- Failure to give lesser included offense of child endangerment
State v. Bryan Harris, No. 117,362 (Atchison)
Direct appeal (petition for review); Possession
Rick A. Kittel
[Reversed/remanded; Wilson; April 17, 2020]
- Failure to obtain proper jury trial waiver
January 31--Friday--a.m.
State v. Sony Uk, No. 119,712 (Lyon)
Direct appeal; First-degree premeditated murder
Korey A. Kaul
[Affirmed; Wilson; April 17, 2020]
- Failure to give voluntary manslaughter instruction
- Deficient jury instruction re: premeditation
State v. Willie Parker, No. 118,349 (Wyandotte)
Direct appeal; First-degree premeditated murder
Meryl Carver-Allmond
[Affirmed; Rosen; March 13, 2020]
- Improper admission of involuntary statements
- Improper admission of statements without voluntary Miranda warning
- Failure to give voluntary manslaughter instruction
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