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Petitions for Review granted February 2010

On February 4, 2010, the KSC granted defendants' petitions for review in the following cases:

State v. Bennington, No. 98,656 (Kan. App. April 10, 2009)(unpublished)

Issues presented:

1. Whether improper admission of deceased victim's testimony was harmless.
2. Whether written statement by victim to bank was testimonial.
3. Prosecutorial misconduct.

State v. O'Rear, No. 99,487 (Kan. App. April 24, 2009)(unpublished)

Issues presented:

1. Insufficient evidence to support agg battery conviction.
2. Prosecutorial misconduct.
3. Juror misconduct.
4. Failure to give lessers.

State v. Neal, No. 100,366 (Kan. App. April 24, 2009)(unpublished)

Issue presented:

1. Improper aggregation of misdemeanors in criminal history.

Full post as published by Kansas Defenders on February 08, 2010 (boomark / email).