March 2017 KSC Docket

Here are the criminal cases on the KSC docket for March 13-16, 2017. 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 at the appellate court website and archived (here) if you would like to watch any of these arguments.

March 13--Monday--a.m.

State v. Ami Simmons, No. 108,885 (Saline)

Sentencing appeal (petition for review)

Rick Kittel

[Affirmed; Stegall; December 1, 2017]

• Retroactive application of KORA unconstitutional for nonsex offenders

State v. Matthew Wood, No. 111,243 (Sedgwick)

Motion to vacate KORA registration (petition for review)

Michael P. Whalen

[Affirmed; Stegall; May 5, 2017]

• Retroactive application of KORA unconstitutional

State v. Steven Meredith, No. 110,520 (Riley)

Motion to clarify KORA registration status (petition for review)

Kai Tate Mann

[Affirmed; Stegall; August 4, 2017]

• Retroactive application of KORA unconstitutional for nonsex offenders

State v. Sheena Thomas, No. 109,951 (Sedgwick)

Direct appeal (petition for review); Aggravated battery

Samuel Schirer

[Affirmed; Stegall; April 13, 2018]

• Improper exclusion of victim's civil lawsuit
• Prosecutorial error
• Failure to make finding to require KORA registration

State v. Jason Reese, No. 110,021 (Sedgwick)

Motion to Correct Illegal Sentence (petition for review)

Michael P. Whalen

[Affirmed; Stegall; May 5, 2017

• Retroactive application of KORA unconstitutional for nonsex offenders

March 14--Tuesday--a.m.

State v. Darnell Huey, No. 109,690 (Shawnee)

Sentencing appeal (petition for review)

Samuel Schirer

[Affirmed; Biles; August 11, 2017]

• Finding requiring KORA registration violates Apprendi

State v. Christopher Marinelli, No. 111,227 (Riley)

Sentencing appeal (petition for review)

Kimberly Streit Vogelsberg

[Affirmed; Biles; April 13, 2018]

• Insufficient finding requiring KORA registration

State v. Jason Hachmeister, No. 112,260 (Shawnee)

Direct appeal (petition for review); Sexual exploitation of a child

Gerald E. Wells

[Affirmed; Biles; June 16, 2017]

• Deficient search warrant
• Finding requiring KORA registration violates Apprendi

State v. Phoebe Shaylor, No. 108,103 (Reno)

Direct appeal (petition for review); Failure to register as drug offender

Christina M. Kerls

[Affirmed; Biles; August 18, 2017]

• Retroactive application of KORA unconstitutional for nonsex offenders

March 15--Wednesday--a.m.

State v. Martin Miller, No. 114,373 (Douglas)

Direct appeal; Premeditated first-degree murder

Richard Ney

[Affirmed; per curiam; October 5, 2018]

• Pretrial publicity denied fair trial
• Failure to excuse juror for cause
• Failure to bifurcate trial
• Failure to disqualify prosecutor's office
• Failure to grant mistrial based on improper judicial comments
• Improper rebuttal evidence
• Improper admission of irrelevant evidence
• Discovery violations re: prior trial testimony

State v. Corey Pollard, No. 114,005 (Sedgwick)

Direct appeal; First-degree felony murder

Michael P. Whalen

[Affirmed; Beier; July 21, 2017]

• Improper admission of gang affiliation evidence
• Prosecutorial error
• Improper transmission of pro se discovery motion to defense counsel