Home -> Law Blog Directory -> Public Defense Blogs -> Kansas Defenders

Public Defense

: Kansas Defenders

Petitions for Review granted

On October 1, 2009, the KSC granted petitions for review for defendants in the following cases:

State v. Jones, No. 97,696 (Kan. App. Sept. 19, 2008) (unpublished)

Issues presented:

1) whether defendant?s Confrontation rights were violated when alleged victim?s blood and urine test results were admitted into evidence as business records

2) whether endangering a child conviction is valid when two of the three alternative means are multiplicitous with other charges in the case

3) whether conviction for child endangerment is multiplicitous with convictions for aggravated criminal sodomy and furnishing alcohol to a minor for an illicit purpose

4) whether district court erred by failing to instruct the jury on the lesser-included offense of criminal sodomy

5) whether the use of defendant's criminal history violates Apprendi (Ivory issue)

State v. Sitlington, No. 99,266 (Kan. App. Feb. 20, 2009) (unpublished)

Issues presented:

1) whether jury instruction was defective when the time frame for the offense was ?between the 1st of June, 2001, and the 12th day of August, 2004? and the statute of limitations fell within that time frame.

2) whether the district court erred in admitting irrelevant and prejudicial rebuttal testimony

State v. Mitchell, No. 99,163 (Kan. App. Feb. 06, 2009) (unpublished)

Issue presented:

Whether a jury should be instructed to give special consideration to witness certainty in determining whether an eyewitness' testimony is accurate.

Full post as published by Kansas Defenders on October 06, 2009 (boomark / email).