March 2009 KSC docket

Here are the criminal cases on the KSC docket for March 23-26, 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.

March 23-Monday-a.m.

State v. Abel Salas, No. 99,830 (Sedgwick)
Appeal from denial of DNA test (transfer)
Casey J. Cotton
[Affirmed; Luckert; July 10, 2009]

1. Whether defendant convicted of second-degree murder entitled to DNA test

Jerry Rowland v. State, No. 98,351 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Rvd/Rmd; Beier; November 20, 2009]

1. Improper summary denial of K.S.A. 60-1507 motion

State v. Rafael Flores, No. 99,841 (Sedgwick)
State appeal (Jessica's Law)
Randall L. Hodgkinson
[Affirmed by summary disposition; March 18, 2009]

1. Whether district court has jurisdiction to give probation in Jessica's Law case

March 23-Monday-p.m.

State v. Ray Garcia, No. 99,997 (Sedgwick)
Resentencing appeal
Meryl Carver-Allmond
[Affirmed; Nuss; May 22, 2009]

1. Whether district court had jurisdiction to reopen sentencing on murder conviction on remand to vacate rape conviction
2. Failure to find crime was sexually motivated beyond a reasonable doubt

State v. Jason Ballard, No. 100,057 (Sedgwick)
Sentencing appeal (Jessica's Law)
Randall L. Hodgkinson
[Affd/Rvd; Nuss; November 6, 2009]

1. Whether district court abused discretion by denying probation
2. Whether district court erred by denying jail credit
3. Whether district court erred by correcting lawfully entered post-release period

March 24-Tuesday-a.m.

State v. Joshua Horn, No. 100,373 (Butler)
Sentencing appeal (Jessica's Law)
E. Jay Greeno
[Sentence vacated; Johnson; May 8, 2009]

1. Whether the district court erred by imposing a life sentence for attempt

State v. Mary Ann Wright, No. 97,013 (Butler)
Direct appeal (petition for review); Rape
Michelle A. Davis
[Affirmed; Beier; Feb. 26, 2010]

1. Insufficient evidence of rape of unconscious person
2. Improper admission of prior bad acts evidence

March 24-Tuesday-p.m.
State v. Nicole Cott, No. 97,955 (Shawnee)
State appeal (petition for review)
Kevin P. Shepherd
[Reversed and remanded; Rosen; May 1, 2009]

1. Whether aggravated child endangerment statute preempted by DUI statute

State v. Robert Richardson, No. 100,445 (Lyon)
Direct appeal (transfer); Intentional exposure to HIV
Lydia Krebs
[Reversed; Johnson; June 19, 2009]

1. Whether intentional exposure to HIV is specific intent crime
2. Insuffuficient evidence
3. Vagueness

March 25-Wednesday-a.m.

State v. Melvin Trautloff, No. 100,425 (Franklin)
Direct appeal; Rape/Agg Indecent Liberties/Sexual Exploitation
Shawn E. Minihan
[Reversed and remanded; Rosen; Oct. 9, 2009]

1. Improper imposition of life without parole sentence
2. Insufficient evidence of alternative means for sexual exploitation
3. Instruction on sexual explitation broader than charged crime

State v. Juan Bello, No. 99,225 (Finney)
Direct appeal; Agg Criminal Sodomy/Agg Indecent Liberties
Randall L. Hodgkinson
[Aff/Rvd; Johnson; July 2, 2009]

1. Improper exclusion of evidence of previous victim molestation
2. Failure to charge or instruct on all elements of aggravated crimes
3. Disproportionate sentence

March 25-Wednesday-p.m.

State v. Walter Spotts, No. 100,084 (Harvey)
Sentencing appeal (Jessica's Law)
Rachel L. Pickering
[Affirmed; Biles; May 1, 2009]

1. Disproportionate sentence
2. Failure to grant downward departure

State v. Roy Seward, No. 100,263 (Saline)
Sentencing appeal (Jessica's Law)
Rachel L. Pickering
[Remanded; Beier; Oct. 2, 2009]

1. Disporportionate sentence
2. Failure to grant downward departure

In re C.P.W., No. 101,017 (Ellsworth)
State appeal on question reserved
[Appeal sustained; Luckert; July 24, 2009]

1. Whether failure to register is a specific intent crime