January 2014 KSC Docket

Here are the criminal cases on the KSC docket for January 27-31, 2014. 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 if you would like to listen in on any of these arguments.

 

January 27--Monday--a.m.

 

State v. Alehandro Betancourt, No. 106,318 (Sedgwick)

Direct appeal; First-degree murder

Michelle A. Davis

[Affirmed; Rosen; April 11, 2014]

• Improper aiding and abetting instruction
• Improper alternative means instruction
• Failure to give lesser included offense for voluntary intoxication
• Failure to grant mistrial after prejudicial information at voir dire

State v. Shawn Alderson, No. 106,471 (Sedgwick)

Re-sentencing appeal

Sean M.A. Hatfield, Carl F.A. Maughan

[Affirmed; Rosen; April 11, 2014]

• Denial of release of restitution order

State v. James Williams, No. 106,865 (Sedgwick)

Sentencing appeal

Ryan Eddinger (brief); Adam D. Stolte (argue)

[Affirmed; Nuss; June 13, 2014]

• Improper classification of prior conviction

January 28--Tuesday--a.m.

 

State v. Willie Reed, No. 105,307 (Wyandotte)

Direct appeal; Agg indecent liberties

Ronald L. Jurgenson

[Affirmed; Luckert; August 8, 2014]

• Insufficient evidence
• Whether Jessica's Law is Cruel and Unusual Punishment
• Improper admission of hearsay
• Improper admission of evidence that contains comment on credibility
• Prosecutorial misconduct (comment of right to remain silent)

State v. Loviss Todd, No. 106,021 (Wyandotte)

Direct appeal; Felony murder

Michelle A. Davis

[Affd/Vacd; Beier; April 25, 2014]

• Failure to give accomplice instruction
• Improper reasonable doubt instruction
• Failure to give lesser-included offense instruction for second degree murder
• Failure to give proper eyewitness ID instruction
• Prosecutorial misconduct

State v. Jose Santos-Vega, No. 104,485 (Wyandotte)

Direct appeal; Agg indecent liberties

Michael J. Bartee

[Rvd/rmd; Biles; March 21, 2014]

• Improper alternative means instruction
• Failure to give unanimity instruction
• Improper evidence of invocation of right to silence
• Disproportionate sentencing

State v. Anthony Waller, No. 106,102 (Reno)

Direct appeal; Felony murder

David E. (Rick) Roberts

[Affirmed; Rosen; June 6, 2014]

• Failure to give lesser-included offense instructions
• Denial of mistrial after courtroom outburst
• Multiplicity

 

January 29--Wednesday--a.m.

 

State v. Scott Roeder, No. 104,520 (Sedgwick)

Direct appeal; First-degree murder

Rachel L. Pickering

[Affd/Vacd; Johnson; Oct. 24, 2014]

• Failure to give lesser-included offense instructions
• Failure to change venue
• Prosecutorial misconduct
• Failure to allow necessity defense
• Failure to give instruction on defense of others
• Improper weighing of aggravating and mitigating factors for hard-50
• Hard-50 is unconstitutional under Alleyne

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

Michael J. Nichols (brief); Jeffrey C. Leiker (argue)

Direct appeal; First-degree murder

[Affirmed; Biles; April 18, 2014]

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

State v. Andrew Morris, No. 107,768 (Crawford)

Motion to withdraw plea

Meryl Carver-Allmond

[Affirmed; Beier; March 7, 2014] 

• Denial of motion to withdraw plea

State v. Andrew Greene, No. 106,640 (Johnson)

Direct appeal; Rape

Rachel L. Pickering

[Affd/Vacd; Moritz; July 11, 2014]

• Improper classification as aggravated habitual sex offender
• Failure to suppress statements

January 30--Thursday--a.m.

 

State v. John Horton, No. 101,054 (Johnson)

Appeal after remand

Lydia Krebs

[Affirmed; Rosen; Aug. 8, 2014]

• Failure to allow re-opening of case to allow defense evidence

State v. Christian Reese, No. 106,703 (Johnson)

Direct appeal (petition for review); DUI

Jay Norton

[Rev/Rmd; Johnson; Aug. 29, 2014]

• Whether amendments to DUI statute apply retroactively

State v. Johnathan McCune, No. 102,883 (Johnson)

Direct appeal; Rape

Michael J. Bartee

[Affd/Vacd; Moritz; July 18, 2014]

• Improper admission of prior bad act evidence
• Denial of right to confront witnesses
• Improper denial of psychological examination of witnesses
• Jessica's Law is vague
• Jessica's Law is Cruel and Unusual Punishment

State v. Chris King, No. 105,995 (Leavenworth)

Direct appeal; Rape

Reid T. Nelson

[Rvd/Rmd; Beier; May 16, 2014]

• Improper admission of prior acquitted conduct
• Failure give unanimity instruction
• Improper exclusion of defense evidence of prior sexual abuse
• Improper denial of challenges for cause of eight potential jurors
• Life sentences disproportionate
• District court improperly believed it could not depart downward

January 31--Friday--a.m.

 

State v. Roger Hollister, No. 106,317 (Atchison)

Direct appeal; Capital murder

Sarah Ellen Johnson

[Affd/Dsmd; per curiam; Aug. 1, 2014]

• Failure to give lesser-included offense instruction for second-degree murder
• Improper capital murder instruction
• Insufficient evidence
• Prosecutorial misconduct

State v. Rasmus Eddy, No. 106,132 (Saline)

Direct appeal; Rape

Meryl Carver-Allmond

[Affirmed; Johnson; March 21, 2014]

• Insufficient evidence of alternative means of rape
• Failure to require psychological exam of witnesses