January 2009 KSC docket

Here are the criminal cases on the KSC docket for January 26-28, 2009. 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.

January 26-Monday-a.m.

State v. Sarah Fischer, No. 100,334 (Sedgwick)
Sentencing appeal (transfer)
Patrick H. Dunn
[Affirmed; Johnson; March 27, 2009]

1. Use of juvenile adjudications in criminal history

State v. Leonard Foster, No. 98,014 (Sedgwick)
Motion to correct illegal sentence
Carl F.A. Maughan
[Affirmed; per curiam; Feb. 13, 2009]

1. Right to be present at hearing
2. Multiplicity

State v. Alfred Jones, No. 99,978 (Sedgwick)
Motion to correct illegal sentence
Carl F.A. Maughan
[Dismissed as interlocutory; Jan. 20, 2009]

1. Improper summary denial of motion

January 26-Monday-p.m.

State v. Albert Richmond, 100,074 (Crawford)
Direct appeal; First degree murder
Christina M. Waugh
[Affirmed; Nuss; July 24, 2009]

1. Improper state of mind evidence
2. Improper admission of prior crimes if defendant took stand
3. Improper prior bad act evidence
4. Prosecutorial misconduct

January 27-Tuesday-a.m.

State v. Gabriel Martinez, No. 99,641 (Wyandotte)
Direct appeal; First degree murder
Reid T. Nelson
[Affirmed; Rosen; March 27, 2009]

1. Jury misconduct/incompetence
2. Ex parte communication between judge and juror
3. Sentencing error

State v. Benjamin Appleby, No. 98,017 (Johnson)
Direct appeal; Capital murder
Debra Wilson
[Aff'd/Rvd; Luckert; November 20, 2009]

1. Multiplicity of capital murder and attempted rape
2. Denial of suppression of statements
3. Improper admission of computer-generated report without confrontation
4. Improper expanded instruction on premeditation
5. Improper use of mitigating evidence as a non-statutory aggravator