March 3--Monday--a.m.
State v. Rogelio Soto, No. 106,306 (Sedgwick)
Direct appeal; First-degree murder
Charles A. O'Hara (brief), Kevin J. Zolotor (argue)
[Affd/Rvd/Rmd; Moritz; April 11, 2014]
- Insufficient alternative means of aiding and abetting
- Failure to give unanimity instruction
- Improper instructions
- Improper imposition of hard-50 sentence
- Gruesome photographs
Direct appeal; Felony murder
Ryan Eddinger (brief), Joanna Labastida (argue)
[Affirmed; Johnson; Sept. 5, 2014]
- Improper admission of prior bad act evidence
- Denial of motion to suppress statements
- Denial of motion to suppress evidence
Direct appeal; First-degree murder
Mark T. Schoenhofer
[Affd/Vacd; Beier; May 30, 2014]
- Improper denial of new trial upon newly discovered evidence of perjured testimony
- Improper sentencing to hard-25 without unanimous finding
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen
[Rvd/Rmd; Nuss; Oct. 24, 2014]
- Improper ineffective assistance of counsel finding
City of Wichita v. William Molitor, No. 104,940 (Sedgwick)
Direct appeal (petition for review); DUI
E. Jay Greeno
[Rvd/Rmd; Johnson; Jan. 30, 2015]
- Testimony regarding the HGN test is inadmissible, absent compliance with Frye
Direct appeal (petition for review); Agg assault
Meryl Carver-Allmond
[Affirmed; Luckert; Aug. 29, 2014]
- Improper self-defense instruction
- Failure to instruct on voluntary intoxication
Sentencing appeal
Shawn E. Minihan (brief); Korey A. Kaul (argue)
[Vacd/Rmd; Moritz; May 23, 2014]
- Improper imposition of hard-50 sentence
- Hard-50 sentence violates Alleyne
- Improper admission of autopsy report without confrontation
Direct appeal; First-degree murder
Lydia Krebs
[Affd/Vac; Rosen; June 13, 2014]
- Failure to give lesser-included offense for voluntary manslaughter
- Improper imposition of hard-50 sentence
State v. Aaron Clay, No. 107,038 (Wyandotte)
Direct appeal; Felony murder
Carol Longenecker-Schmidt
[Affd/Vacd/Rmd; Mortiz; July 25, 2014]
- Failure to give lesser-included offense instructions
- Improper eyewitness ID instruction
Direct appeal; Rape
Joanna Labastida
[Affd/Vacd; Biles; May 9, 2014]
- Improper admission of prior bad act evidence
- Insufficient evidence of alternative means of rape
- Improper response to jury question violating right to be present and public trial
- Failure to provide conflict-free counsel for preliminary hearing
Direct appeal; First-degree murder
Rick Kittel
[Affirmed; Beier; June 6, 2014]
- Failure to grant mistrial after witness misconduct
- Improper admission of prior bad act evidence
- Failure to give limiting instruction re: bad act evidence
- Improper reasonable doubt instruction
- Improper response to jury question violating right to be present and public trial
Direct appeal; First-degree murder
Matthew J. Edge (brief); Michelle A. Davis (argue)
[Affirmed; Nuss; June 13, 2014]
- Improper eyewitness ID instruction
- Failure to give limiting instruction re: gang evidence
State v. Justin Neighbors, No. 105,588 (Lyon)
State appeal (petition for review)
Stephen J. Atherton
[Affirmed; Biles; April 25, 2014]
- Validity of consent obtained during emergency aid check
Direct appeal; Felony murder
Michelle A. Davis
[Affirmed; Rosen; July 25, 2014]
- Improper exclusion of defense evidence
- Improper denial of motion to continuance
- Insufficient evidence of alternative means
- Improper admission of jailhouse letters
- Failure to give limiting instruction re: bad act evidence
- Failure to investigate request for substitute counsel
- Ineffective assistance of counsel
Direct appeal; First-degree murder
Michelle A. Davis
[Affd/rvd/rmd; Luckert; May 23, 2014]
- Improper first-degree murder instruction
- Failure to give accomplice instruction
- Failure to give voluntary intoxication instruction
- Hard-50 sentence violates Alleyne
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