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February-March 2016 KSC docket

Here are the criminal cases on the KSC docket for February 29-March 3, 2016. 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 (here) and archived (here) if you would like to watch any of these arguments.

February 29--Monday--a.m.

State v. Keith Ritz, No. 112,069 (Sedgwick)
Direct appeal; felony murder
Heather R. Cessna

• Failure to sever charges
• Failure to give lesser-included offense instructions

State v. Javier Rizo, No. 112,824 (Sedgwick)
Direct appeal; felony murder
Sarah Ellen Johnson
[Affd/Dsmd; Johnson; August 12, 2016]

• Improper jury trial waiver
• Failure to grant downward durational departure

State v. Amoneo Lee, No. 113,562 (Sedgwick)
State appeal
Richard Ney
[Reversed; Rosen; April 29, 2016]

• Whether district court properly granted motion to correct illegal sentence under Alleyne

State v. Jerry Thach, No. 112,231 (Sedgwick)
Direct appeal; felony murder
Michael P. Whalen
[Affirmed; Luckert; September 9, 2016]

• Insufficient evidence of underlying felony

March 1--Tuesday--a.m.

State v. Jordan Mullen, No. 110,468 (Johnson)
Direct appeal (petition for review); possession with intent
Joanna Labastida
[Affirmed; Rosen; April 22, 2016]

• Failure to grant motion to suppress
• Deficient search warrant affidavit
• Failure to properly advise of right to jury trial

State v. Ralph Corey, No. 110,149 (Franklin)
Direct appeal (petition for review); aggravated kidnapping
Lydia Krebs (brief); Peter Maharry (petition for review & argue)
[Affirmed; Biles; July 1, 2016]

• Jury misconduct (juror comment during deliberations)
• Denial of right to be present during readback
• Improper jury instruction
• Improper prosecutorial argument

March 3--Thursday--a.m.

State v. William Shank, No. 112,982 (Thomas)
Sentencing appeal
Peter Maharry
[Affirmed; Nuss; April 15, 2016]

• Improper consecutive sentences
• Unworkable restitution order

State v. Christian McCormick, No. 109,985 (Sumner)
Direct appeal (petition for review); rape
Christina M. Kerls
[Affd/Rvd; Beier; September 9, 2016]

• Improper admission of evidence of another bad act
• Improper sentence to more than minimum
• Failure to grant downward departure

State v. Elton Sherman, No. 113,105 (Crawford)
Direct appeal; felony murder
Meryl B. Carver-Allmond
[Affirmed; Stegall; September 9, 2016]

• Improper prosecutorial argument (defining reasonable doubt)
• Failure to grant mistrial
• Speedy trial (due process) violation

Full post as published by Kansas Defenders on January 17, 2016 (boomark / email).