September 2008 KSC docket

Here are the criminal cases on the KSC docket for September 2-5, 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.

September 2, 2008-Tuesday-a.m.

State v. Mark Riojas, No. 98,196 (Sedgwick)
Direct appeal; First degree murder
Shawn E. Minihan
[Affirmed; Rosen; March 27, 2009]

1. Improper admission of prior bad acts evidence
2. Improper admission of cumulative exhibits

State v. Steven McCarley, No. 95,818 (Sedgwick)
Direct appeal/state cross-appeal (petition for review); Aggravated battery
Patrick H. Dunn
[Aff'd in part, rev'd in part; Nuss; Nov. 7, 2008]

1. Improper resentencing for legal sentence
2. Waiver of sentencing error by failure to appeal
3. Whether lower level aggravated battery is included in higher level

September 2, 2008-Tuesday-p.m.

State v. Wallace Dixon, No. 97,020 (Lyon)
Direct appeal; First-degree murder
Sarah E. Johnson
[Affirmed; Beier; June 19, 2009]

1. Failure to grant mistrial when witness altered opinion
2. Failure to cure error after juror saw defendant in shackles
3. Failure to give lesser-included offense instruction
4. Failure to givve unanimity instruction
5. Improper burglary instruction
6. Improper admission of mother's obstruction

State v. Angelo Ortega-Cadelan, No. 98,713 (Sedgwick)
Direct appeal; Rape
Carl Folsom, III
[Affirmed; Luckert; Oct. 31, 2008]

1. Jessica's Law sentence disproportionate
2. Failure to give downward departure

State v. Anthony Conley, No. 99,279 (Sedgwick)
Motion to correct illegal sentence; First degree murder
Carl Maughan
[Affirmed; McFarland; Dec. 19, 2008]

1. Apprendi violation

September 3, 2008-Wednesday-a.m.

State v. Peter Marx, et al., Nos. 98,059 & 98,060 (Lyon)
State appeal (petition for review)
Don Krueger, Stephen Atherton
[Affirmed; Johnson; Sept. 18, 2009]

1. Fourth Amendment (community caretaking)

State v. Brad Jones, No. 97,065 (Johnson)
Direct appeal; First degree murder
Carl E. Cornwell
[Affirmed; Beier; Dec. 12, 2008]

1. Failure to admit evidence of malpractice leading to death
2. Newly discovered evidence in re malpractice
3. Failure to give lesser on aggravated battery charge

September 3, 2008-Wednesday-p.m.

State v. Dennis Thompson, No. 94,254 (McPherson)
Direct appeal (petition for review); Manufacture
Randall L.Hodgkinson
[Aff'd in part, rev'd in part; Luckert; Dec. 5, 2008]

1. Multiplicity
2. Identical-offense doctrine

State v. Randy Henning, et al., Nos. 98,118 & 98,119
State appeal (petition for review)
Don W. Lill, Monte L. Miller
[Reversed and remanded; Beier; June 26, 2009]

1. Fourth Amendment (search incident to arrest)

State v. Charles Boggs, No. 96,921 (McPherson)
Direct appeal (petition for review); Possession
Shawn Minihan
[Reversed and remanded; Davis; Dec. 5, 2008]

1. Prior bad acts evidence (K.S.A. 60-455)

September 4, 2008-Thursday-a.m.

State v. Carl Baker, No. 98,498 (Shawnee)
Direct appeal; First degree murder
Lydia Krebs
[Affirmed; Nuss; Dec. 5, 2008]

1. Failure to instruct on compulsion
2. Gruesome photographs
3. Prosecutorial misconduct

State v. Kimberly Sharp, No. 98,389 (Shawnee)
Direct appeal; First degree murder
Debra Wilson
[Affirmed; Nuss; June 19, 2009]

1. Fifth Amendment violation
2. Improper limitation of cross-examination of accomplice
3. Improper admission of co-defendant's confessions

State v. Brandon McReynolds, No. 97,936 (Wyandotte)
Direct appeal; First degree murder
Janine Cox
[Affirmed; Rosen; March 13, 2009]

1. Prosecutorial misconduct
2. Fifth Amendment violation
3. Failure to grant mistrial after detective's non-responsive answer
4. Sentencing error (Cunningham)

September 4, 2008-Thursday-p.m.

State v. Steven Raiburn, No. 95,908 (Elk)
Direct appeal; Possession
Randall L. Hodgkinson
[Dismissal affd/rvd in part/remanded to COA; Rosen; July 24, 2009]

1. Fugitive disentitlement rule

State v. Toriana Henson, No. 98,573 (Wyandotte)
Direct appeal; First degree murder
Michelle Davis
[Affirmed; Luckert; Dec. 12, 2008]

1. Improper exclusion of victim's violent acts
2. Failure to instruct on voluntary manslaughter
3. Failure to instruct on lesser-included offenses

State v. Marsha Preston, No. 98,948 (Shawnee)
Direct appeal (transfer); Possession
Jennifer Roth
[Affirmed; Johnson; Nov. 7, 2008]

1. Jail credit/SB 123