Saturday, November 02, 2019

December 2019 KSC Docket

Here are the criminal cases on the KSC docket for December 16-20, 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.

December 16--Monday--a.m.

State v. Michael Keyes, No. 118,894 (Grant)
Direct appeal; First-degree premeditated murder
Randall L. Hodgkinson
  • Failure to give self-defense instruction
  • Failure to give lesser-included offense instruction
State v. Charles Satchell, No. 116,151 (Sedgwick)
Direct appeal (petition for review); Agg criminal sodomy/rape
Caroline M. Zuschek
[Affirmed/vacated; Leben; June 26, 2020]
  • Improper admission of prior bad acts to show propensity
  • Improper imposition of postrelease supervision
State v. Christopher Harris, No. 116,515 (Sedgwick)
Direct appeal (petition for review); Criminal possession of weapon
Kasper C. Shirer
  • Residual clause of criminal possession of weapon statute vague
  • Failure to give mistake of law instruction
State v. Crystal Galloway, No. 117,941 (Cherokee)
Direct appeal (petition for review); First-degree premeditated murder/arson
Carol Longenecker Schmidt
[Affirmed/vacated; Rosen; March 13, 2020]
  • Failure to change venue
  • Improper admission of involuntary statements
  • Failure to consider mitigating circumstance of lack of criminal history

December 17--Tuesday--a.m.

State v. Robbie Thomas, No. 115,990 (Chautauqua)
Direct appeal (petition for review); Aggravated battery/child abuse
Michelle A. Davis
  • Improper instruction re: knowing conduct for aggravated battery
  • Prosecutorial error in closing argument
  • Improper classification of Virginia prior conviction
In re J.P., No. 118,790 (Wyandotte)
Sentencing appeal (petition for review)
Michael Christian Duma
[COA dismissal reversed; Leben; June 26, 2020]
  • Whether COA has jurisdiction over sentence appeal in juvenile case

December 18--Wednesday--a.m.

State v. Morgan Boeschling, No. 116,757 (Reno)
Direct appeal (petition for review); Burglary/Criminal possession of firearm
Randall L. Hodgkinson
[Affirmed; Beier; February 14, 2020]
  • Improper answer to jury question re: nullification
  • Improper culpable mental state instruction for burglary
  • Failure to give accomplice instruction
State v. Charity Downing, No. 116,629 (Reno)
Direct appeal (petition for review); Burglary
Michelle A. Davis
  • Insufficient evidence of "dwelling" to prove residential burglary
State v. Hailey Larkin, 115,985 (Jackson)
Direct appeal (petition for review); DUI
Matthew Ryan Roy Williams
[Petition dismissed as improvidently granted; February 5, 2020]
  • Failure to suppress blood test results
  • Insufficient evidence of BAC at time of driving
  • Judicial misconduct (improper judicial comment)

December 19--Thursday--a.m.

State v. Kevin Coleman, No. 118,673 (Saline)
Probation revocation appeal (petition for review)
Kai Tate Mann
  • Failure to impose intermediate sanctions upon revocation
State v. Jerry Liby, No. 118,834 (Saline)
Probation revocation appeal (petition for review)
James M. Latta
[Dismissed as moot; March 24, 2020]
  • Failure to impose intermediate sanctions upon revocation

December 20--Friday--a.m.

State v. Brooke Dinkel, No. 113,705 (Saline)
Direct appeal; Rape
Richard Ney
[Reset for argument on May 25, 2021]
  • Whether forcible rape requires proof of voluntary act
State v. Anthony Brazzle, No. 116,649 (Riley)
Direct appeal (petition for review); Possession with intent to distribute
Rick Kittel
[Affirmed; Luckert; July 10, 2020]
  • Evidence of prior sales irrelevant to intent to distribute
  • Insufficient evidence of possession of oxycodone without proof of lack of prescription
  • Insufficient evidence that pill was oxycodone

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