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October 2010 KSC docket

Here are the criminal cases on the KSC docket for October 25-29, 2010. 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.

October 25--Monday--a.m.

State v. Phouthavy Chanthaseng, No. 101,346 (Sedgwick)
Direct appeal; Agg Indecent Liberties (Jessica's Law)
Lydia Krebs

1. Insufficient evidence of age of defendant
2. Improper exclusion of defense testimony
3. Prosecutorial misconduct

State v. Andre Bailey, No. 101,785 (Sedgwick)
Direct appeal; Felony murder
Michael P. Whalen

1. Improper adult certification
2. Improper instructions re felony murder and underlying felonies
3. District court improperly forced witnesses to testify

State v. David Holman, No. 101,204 (Sedgwick)
Direct appeal; Agg indecent liberties (Jessica's Law)
Randall L. Hodgkinson

1. Improper bad acts evidence
2. Improper exclusion of impeachment evidence
3. Improper prevention of cross-examination of complaining witness
4. Improper amendment of complaint
5. Insufficient evidence of age of defendant

October 26--Tuesday--a.m.

State v. Taurus Adams, No. 101,432 (Wyandotte)
Direct appeal; First degree murder
Meryl Carver-Allmond

1. Prosecutorial misconduct
2. Improper order of lesser-included offense instructions
3. Improper instructions on intent and premeditation

State v. Charles Denmark-Wagner, No. 102,234 (Pratt)
Sentencing appeal
Heather Cessna

1. Improper failure to allow withdrawal of plea

October 27--Wednesday--a.m.

State v. Calvin Brown, No. 100,881 (Wyandotte)
Direct appeal; Agg indecent liberties (Jessica's Law)
Matthew J. Edge

1. Improper admission of prior consistent statements
2. Failure to instruct on voluntary intoxication
3. Improper deadlocked jury instruction before deliberations
4. Failure to instruct jury on age of defendant

State v. John Meili, No. 101,810 (Saline)
Sentencing appeal
Carl Folsom, III

1. Disproportionality of life sentence
2. Failure to grant downward departure

State v. Terrance Kelly, No. 100,006 (Johnson)
Plea withdrawal appeal
Meryl Carver-Allmond

1. Failure to allow withdrawal of plea

October 28--Thursday--a.m.

State v. Rolland Berreth, No. 99,937 (Butler)
Sentencing appeal (petition for review)
Michael P. Whalen

1. Jurisdiction to resentence after Court of Appeals mandate

October 29--Friday--a.m.

State v. James Malstrom, No. 101,604 (Reno)
Sentencing appeal
Carl Folsom, III (brief); Merly Carver-Allmond (argue)

1. Improper calculation of severity level in Jessica's Law departure

State v. Anthony Divine, No. 102,907 (Montgomery)
Appeal from registration order
Sara S. Beezley

1. Registriation requirement after expungement

State v. Phillip Cheatham, No. 95,800 (Shawnee)
Direct appeal; Captial murder
John Val Wachtel, Paul Oller

1. Ineffective assistance of counsel at guilt phase

Full post as published by Kansas Defenders on September 16, 2010 (boomark / email).