Wednesday, January 16, 2008

March 2008 KSC docket

Here are the criminal cases on the KSC docket for March 24-27, 2008. 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 over the internet at the appellate court website (here) if you would like to listen in to any of these arguments.

March 24-Monday-a.m.

State v. Shaun Fitzgerald, No. 95,812 (Sedgwick)
Direct appeal (petition for review); Possession with intent to sell
Kurt P. Kerns
[Reversed; Beier; Sept. 12, 2008]

  1. Improper stop and search
State v. Kenneth Skolaut, No. 97,401 (Sedgwick)
State appeal (question reserved) (petition for review)
Jean K. Gilles Phillips
[Sustained in part, rev'd in part; Nuss; May 16, 2008]

  1. Probation revocation--whether court can consider acts occurring after natural expiration date of probation.
March 24, 2008-Monday-p.m.

State. v. Matthew Murdock, No. 95,365 (Cloud)
Direct appeal (petition for review); Aggravated battery
Rick A. Kittel
[Affirmed; Davis; July 18, 2008]

  1. Failure to grant motion for acquittal
  2. Ineffective assistance of counsel
  3. Improper response to jury question
State v. Robert Ehrlich, No. 96,797 (Russell)
Direct appeal (petition for review)
Patrick H. Dunn
[Affirmed; Rosen; Aug. 8, 2008]

  1. BIDS fee
March 25, 2008-Tuesday-a.m.

State v. Kelly Stowell, No. 96,091 (Reno)
Direct appeal (petition for review); Possession with intent to sell
Michelle A. Davis
[Reversed and remanded; Nuss; May 16, 2008]

  1. Failure to suppress evidence
  2. Sufficiency of evidence for no tax stamp
  3. Failure to suppress statements
State v. Clifton Schow, No. 96,820 (Johnson)
Motion to withdraw plea (petiton for review); Criminal threat
Reid T. Nelson
[Reversed and remanded; Johnson; Dec. 12, 2008]

  1. Failure to allow plea withdrawal where defendant mistaken about presumptive disposition
State v. Shawn Johnson, No. 96,526 (Reno)
State appeal (petition for review)
Lane E. Williams
[Affirmed; Johnson; Oct. 30, 2009]

1. Failure to hold new competency hearing

March 25, 2008-Tuesday-p.m.

State v. Gregory Walls, 98,260 (Shawnee)
Motion to correct illegal sentence; First degree murder
B. Joyce Yeager
[Affirmed; per curiam; Dec. 5, 2008]
  1. Failure to appoint counsel for motion hearing
State v. Anthony Jefferson, No. 95,049 (Reno)
Direct appeal (petition for review); Aggravated battery
Shawn E. Minihan
[Affirmed; Beier; Oct. 18, 2008]

  1. Improper finding that witness was unavailable
March 26, 2008-Wednesday-a.m.

State v. Michael Laturner, No. 96,086 (Cherokee)
Direct appeal (petition for review); Possession
Rachel L. Pickering
[Rvd/Rmd; Luckert; Oct. 9, 2009]

  1. Confrontation Clause violation--admission of lab results
State v. Karin Morton, No. 97,848 (Franklin)
State appeal (petition for review); Making false information
Pantaleon Florez, Jr.
[Affirmed; Rosen; July 3, 2008]
[Cert petition denied Jan. 12, 2009]

  1. Suppression of statements
State v. William King, No. 95,088 (Crawford)
Direct appeal (petition for review); Rape
Korey A. Kaul
[Affirmed; Davis; March 27, 2009]

  1. Prosecutorial misconduct (improper questions and comments)
  2. Improper restitution award without considering ability to pay
March 26, 2008-Wednesday-p.m.

State v. Anotone Scoville, No. 96,405 (Dickinson)
Direct appeal (petition for review); Manufacture
Michelle A. Davis
[Reversed; Luckert; Aug. 1, 2008]

  1. Whether defendant entitled to out-of-time direct appeal
  2. Whether defendant entitled to resentencing

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