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]
- Whether defendant convicted of second-degree murder entitled to DNA test
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Rvd/Rmd; Beier; November 20, 2009]
- Improper summary denial of K.S.A. 60-1507 motion
State appeal (Jessica's Law)
Randall L. Hodgkinson
[Affirmed by summary disposition; March 18, 2009]
- 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]
- Whether district court had jurisdiction to reopen sentencing on murder conviction on remand to vacate rape conviction
- Failure to find crime was sexually motivated beyond a reasonable doubt
Sentencing appeal (Jessica's Law)
Randall L. Hodgkinson
[Affd/Rvd; Nuss; November 6, 2009]
- Whether district court abused discretion by denying probation
- Whether district court erred by denying jail credit
- Whether district court erred by correcting lawfully entered post-release period
State v. Joshua Horn, No. 100,373 (Butler)
Sentencing appeal (Jessica's Law)
E. Jay Greeno
[Sentence vacated; Johnson; May 8, 2009]
- Whether the district court erred by imposing a life sentence for attempt
Direct appeal (petition for review); Rape
Michelle A. Davis
[Affirmed; Beier; Feb. 26, 2010]
- Insufficient evidence of rape of unconscious person
- Improper admission of prior bad acts evidence
State v. Nicole Cott, No. 97,955 (Shawnee)
State appeal (petition for review)
Kevin P. Shepherd
[Reversed and remanded; Rosen; May 1, 2009]
- Whether aggravated child endangerment statute preempted by DUI statute
Direct appeal (transfer); Intentional exposure to HIV
Lydia Krebs
[Reversed; Johnson; June 19, 2009]
- Whether intentional exposure to HIV is specific intent crime
- Insuffuficient evidence
- 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]
- Improper imposition of life without parole sentence
- Insufficient evidence of alternative means for sexual exploitation
- Instruction on sexual explitation broader than charged crime
Direct appeal; Agg Criminal Sodomy/Agg Indecent Liberties
Randall L. Hodgkinson
[Aff/Rvd; Johnson; July 2, 2009]
- Improper exclusion of evidence of previous victim molestation
- Failure to charge or instruct on all elements of aggravated crimes
- 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]
- Disproportionate sentence
- Failure to grant downward departure
Sentencing appeal (Jessica's Law)
Rachel L. Pickering
[Remanded; Beier; Oct. 2, 2009]
- Disporportionate sentence
- Failure to grant downward departure
State appeal on question reserved
[Appeal sustained; Luckert; July 24, 2009]
- Whether failure to register is a specific intent crime
1 comment:
Is there anyway to find out what the results of these appeals were?
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