April-May 2019 KSC Docket

Here are the criminal cases on the KSC docket for April 29-May 1, 2019. 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.

April 29--Monday--a.m.

Joseph Wright v. Kansas Department of Revenue, No. 116,777 (Ellsworth)

License suspension appeal (petition for review)

Michael S. Holland, II

[Petition dismissed as improvidently granted; October 19. 2019]

• Due Process violation based on incorrect and misleading consent advisories

State v. Dustin Perkins, No. 112,449 (Ellis)

Direct appeal (petition for review); DUI

Michael S. Holland, II

[Affirmed; per curiam; October 4, 2019]

• Whether good-faith exception applied to illegal warrantless breath test

State v. Christian Sinzogan, No. 113,901 (Reno)

Direct appeal (petition for review); Stalking

Meryl Carver-Allmond

[Petition dismissed as improvidently granted; May 3, 2019]

• Whether violation of a protective order is a lesser included offense of stalking
• Prosecutorial error in closing argument

April 30--Tuesday--a.m.

State v. Giosbel Perez-Medina, No. 114,589 (Ford)

Direct appeal (petition for review); Aggravated battery

Heather Cessna

[Affirmed; per curiam; September 6, 2019]

• Failure to give lesser-included offense instruction
• Improper imposition of KORA requirement upon judicial fact-finding

State v. Michael Ross, No. 117,850 (Sedgwick)

Direct appeal; First-degree felony murder

Peter Maharry

[Affirmed; Rosen; July 19, 2019]

• Prosecutorial error in closing argument
• Failure to give lesser included offense instruction
• Improper admission of prejudicial evidence

State v. Charles Williams, No. 115,119 (Sedgwick)

Direct appeal (petition for review); Second-degree unintentional murder

Korey A. Kaul

[Affirmed/vacated; Stegall; January 24, 2020]

• Speedy trial in first trial before reversal on appeal
• Improper classification of prior Mississippi conviction

State v. Timothy Boettger, No. 115,287 (Douglas)

Direct appeal (petition for review); Criminal threat

Clayton J. Perkins

[Reversed; Luckert; October 25, 2019]

• Constitutionality of reckless criminal threat statute

May 1--Wednesday--a.m.

State v. Christopher Obregon, No. 117,422 (Geary)

Sentencing appeal (petition for review)

Jennifer C. Roth

[Affirmed/reversed; Biles; June 28, 2019]

• Improper classification of prior conviction
• Failure to waive jury trial re: firearm enhancement