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May KSC docket

By Randall Hodgkinson

Here are the criminal cases on the KSC docket for May 12-15. 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 (here) if you would like to listen in to any of these arguments.

May 12-Monday-a.m.

State v. Ruben Warledo, No. 97,759 (Sedgwick)
Direct appeal; First-degree murder
Randall L. Hodgkinson (argue), Jennifer E. Conkling (brief)

1. Improper admission of confession
2. Improper admission of videotape including invocation of right to counsel
3. Improper admission of prior bad acts
4. Gruesome photographs
5. Prosecutorial misconduct in re comment on premeditation
6. Hard 50 sentencing issues

Gary McCracken v. Frank Kohl, No. 98,607 (Leavenworth)
Habeas appeal (transfer)
Rhonda K. Levinson

1. Immunity under self-defense statute

State v. John Layton, No. 98,275 (McPherson)
Habeas appeal (transfer)
Michael P. Whalen

1. Ineffective assistance of appellate counsel in re McAdam issue

May 12-Monday-p.m.

State v. Hector Gallegos, No. 98,949 (Rice)
Direct appeal; First-degree murder
Randall L. Hodgkinson (argue); Jennifer E. Conkling (brief)

1. Failure to instruct on lesser
2. Improper burden of proof instruction

State v. Eugene Hall, No. 95,896 (McPherson)
Probation revocation appeal (petition for review)
Rachel L. Pickering (argue); Jay Witt (brief)

1. State's waiver of revocation by delay

May 13-Tuesday-a.m.

State v. Patrick Angelo, No. 96,175 (Wyandotte)
Direct appeal; First-degree murder
Michael J. Bartee

1. Statutory speedy trial violation
2. Batson violation
3. Failure to instruct on lesser of second-degree
4. Improper finding that defendant introduced character evidence
5. Failure to grant mistrial
6. Improper admission of tape after witness excused

State v. Marcus Tyler, No. 96,299 (Wyandotte)
Direct appeal; First-degree murder
Korey A. Kaul

1. Judicial misconduct in re consulting lay persons on instruction
2. Insufficient evidence
3. Apprendi error for judge to certify for adult prosecution
4. Presumption of prosecution as adult violates Due Process

State v. Larhon Cook, No. 98,671 (Wyandotte)
State appeal from finding statute unconstitutional
Janine Cox

1. Offender registration statute is Ex Post Facto

May 14-Wednesday-a.m.

State v. Brenton Cook, No. 97,440 (Saline)
Direct appeal; First-degree murder
Christina M. Waugh

1. Insufficient evidence
2. Failure to give self-defense instruction
3. Failure to give manslaughter instruction
4. Failure to give unanimity instruction
5. Improper admission of bad acts evidence

State v. Gregory Moore, No. 97,683 (Sedgwick)
Direct appeal; Capital murder
Reid T. Nelson

1. Failure to give manslaugther instruction
2. Failure to give voluntary intoxication instruction
3. Improper exclusion of defense expert in re intoxication

Full post as published by Kansas Defenders on April 01, 2008 (boomark / email).