September 2020 KSC docket

Here are the criminal cases on the KSC oral argument docket for September 14-18, 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. Due to ongoing pandemic issues, these arguments are being conducted and broadcast by Zoom videoconference on the Court's YouTube channel. The scheduling order also includes several cases that will be heard without argument that are not summarized here.

September 14--Monday

State v. Gianni Daino, No. 120,824 (Johnson)

State appeal (petition for review)

Senanem D. Gizaw

[Rev/Rmd; Wall; November 13, 2020]

• Improper entry into apartment in violation of Kansas Constitution

September 15--Tuesday

State v. Victor Valdiviezo-Martinez, No. 111,447 (Johnson)

Direct appeal (petition for review); Identity theft

Randall L. Hodgkinson

[Affirmed; Luckert; May 21, 2021]

• Insufficient evidence of intent to defraud
• Insufficient evidence of offense occurring within statute of limitations
• Identity theft statute is unconstitutionally vague 

State v. Corbin Breitenbach, No. 120,503 (Sedgwick)

Direct appeal; Attempted capital murder, aggravated criminal sodomy

Clayton P. Perkins

[Affirmed; Wilson; March 26, 2021]

• Improper denial of independent DNA testing
• Failure to appoint new counsel
• Failure to appoint standby counsel
• Failure to disclose exculpatory evidence of fingerprint testing

September 16--Wednesday

State v. Luis Aguirre, No. 119,529 (Riley)

Direct appeal; First-degree premeditated murder

Clayton P. Perkins

[Affirmed; Wilson; April 23, 2021]

• Improper admission of involuntary statements
• Improper admission of expert testimony
• Insufficient evidence of premeditation
• Improper use of stipulated evidence at second trial
• Denial of instruction on evidence stacking
• Prosecutorial error
• Lack of jurisdiction to convict of lesser offenses of capital murder