December 2013 KSC Docket

Here are the criminal cases on the KSC docket for December 9-12, 2013. 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 on any of these arguments.

 

December 9--Monday--a.m.

 

State v. Matthew Astorga, No. 103,083 (Leavenworth)

Remand from United States Supreme Court

Randall L. Hodgkinson

[Affd/Rvd/Vacd; Mortiz; May 23, 2014]

• Hard-50 sentence violates Alleyne

State v. Robert Stevenson, No. 104,115 (Sedgwick)

Direct appeal (petition for review); Possession

Rick Kittel

[Revd/Rmd; Johnson; March 28, 2014]

• Failure to suppress evidence

State v. Sharon Huddleston, No. 106,273 (Sedgwick)

Direct appeal; First-degree murder

Meryl Carver-Allmond

[Affirmed; Luckert; Feburary 14, 2014]

• Prosecutorial misconduct
• Improper admission of jailhouse letters

State v. Jimmy Murdock, No. 104,533 (Shawnee)

Sentencing appeal (petition for review)

Ryan Eddinger (brief); Patrick H. Dunn (argue)

[Rvd/Rmd; Biles; May 2, 2014]

• Improper scoring of priors as person felonies

December 10--Tuesday--a.m.

State v. Kelvin Gibson, No. 106,646 (Wyandotte)

Direct appeal; First-degree murder

Michael J. Nichols

[Affirmed; Biles; April 18, 2014]

• Denial of motion to suppress statements
• Failure to allow defendant to testify at suppression hearing

State v. Juan Lopez, No. 105,601 (Wyandotte)

Direct appeal; First-degree murder

Michael G. Highland

[Affirmed; Johnson; May 9, 2014]

• Insufficient evidence
• Improper use of prior acquittal for sentencing
• Improper weighing of aggravating and mitigating factors for hard-50

State v. Delbert McBroom, No. 106,689 (Osborne)

Direct appeal; First-degree murder

Gerald E. Wells

[Affirmed; Rosen; June 6, 2014]

• Failure to change venue
• Insufficient evidence

State v. Robert Clark, No. 105,613 (Shawnee)

Direct appeal; Agg indecent liberties

Rachel L. Pickering

[Affd/Vacd/Rmd; Luckert; Feburary 7, 2014]

• Insufficient evidence of intent

State v. Eldier Molina, No. 105,228 (Wyandotte)

Direct appeal; First-degree murder

Michelle A. Davis

[Affd/Vacd; Moritz; May 30, 2014]

• Failure to give limiting instruction (bad acts)
• Failure to give lesser-included offense on voluntary manslaughter
• Improper consecutive sentences
• Improper weighing of aggravating and mitigating factors for hard-50

December 11--Wednesday--a.m.

 

State v. Michael Hensley, No. 102,421 (Seward)

Direct appeal (petition for review); Criminal restraint

Randall L. Hodgkinson

[Affirmed; Johnson; April 25, 2014]

• Whether criminal restraint is a lesser of kidnapping

State v. Gary Morningstar, No. 103,433 (Sumner)

Resentencing appeal (petition for review)

Elaine M. Esparza

[Affimed; Biles; July 18, 2014]

• Improper resentence to consecutive sentences on remand
• Whether agg battery is a lesser included offense of child abuse