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January 2011 KSC docket

Here are the criminal cases on the KSC docket for January 24-28, 2011. 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.

January 24--Monday--a.m.

State v. William Bennington, No. 98,656 (Sedgwick)
Direct appeal (petition for review); Rape
Rachel L. Pickering

1. Improper admission of hearsay statements
2. Prosecutorial misconduct

State v. Eric Huerta, No. 101,438 (Sedgwick)
Sentencing appeal (petition for review)
Richard Ney

1. Introduction of false information at sentencing
2. Improper imposition of harsher sentence than more culpable co-defendant
3. Improper comment on right to silence at sentencing

State v. Elgin Robinson, No. 101,657 (Sedgwick)
Direct appeal; Capital murder (life sentence imposed)
Reid T. Nelson

1. Improper search of computer (defective warrant)
2. Failure to suppress coerced statements
3. Improper admission of hearsay statements
4. Gruesome photographs
5. Failure to change judge
6. Improper presumption of intent instruction

State v. Theodore Burnett, No. 100,854 (Sedgwick)
Direct appeal; Capital murder (life sentence imposed)
Sarah Ellen Johnson

1. Improper jury verdict forms
2. Prosecutorial misconduct
3. Gruesome photographs
4. Improper deadlocked jury instruction (Salts)

January 25--Tuesday--a.m.

State v. Randy Chavez, No. 103,168 (Sedgwick)
Sentencing appeal (Jessica's Law)
Rachel L. Pickering

1. Improper imposition of hard-25
2. Improper imposition of lifetime electronic monitoring
3. Failure to grant downward departure

State v. Will Wimbley, No. 101,595 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Will Wimbley, pro se (brief); Roger L. Falk (argue)

1. Ineffective assistance of trial counsel

State v. Rashawn Anderson, No. 99,123 (Douglas)
Direct appeal (petition for review); Second-degree murder
Carl Folsom III (brief), Shawn E. Minihan (argue)

1. Proseutorial misconduct
2. Improper eyewitness identification instruction
3. No waiver of right to testify on record

January 26--Wednesday--a.m.

State v. Derrick Freeman, No. 101,792 (Leavenworth)
Motion to withdraw plea (petition for review)
Michael G. Highland

1. Improper denial of motion to withdraw plea

State v. Thomas Kelley, No. 100,913 (Shawnee)
Motion to withdraw plea
Patrick H. Dunn

1. Conflict of trial counsel on motion to withdraw plea
2. Improper denial of motion to withdraw plea

State v. Clifford O'Rear, No. 99,487 (Wyandotte)
Direct appeal (petition for review); Agg battery
Lydia Krebs

1. Insufficient evidence of recklessness
2. Prosecutorial misconduct
3. Juror misconduct

January 27--Thursday--a.m. (Old Kansas Supreme Courtroom)

State v. Kevin Hernandez, No. 101,837 (Riley)
Direct appeal; First-degree murder
Matthew J. Edge

1. Prosecutorial misconduct
2. Failure to give voluntary intoxication instruction
3. Improper sentencing (identical offense doctrine)

January 28--Friday--a.m.

State v. Jerry Sellers, No. 101,208 (Harvey)
Direct appeal; Agg indecent liberties (Jessica's Law)
Michelle Davis

1. Failure to order evaluation of complaining witness
2. Multiplicity
3. Lifetime postrelease is cruel and unusual punishment

State v. Eric Neal, No. 100,366 (Sedgwick)
Motion to correct illegal sentence (petition for review)
Michael P. Whalen

1. Improper finding that claim re: uncounsel misdemeanors is precluded

Craig Fischer v. State, No. 100,248 (Hamilton)
K.S.A. 60-1507 appeal (petition for review)
Michelle Davis

1. Denial of right to be present at evidentiary hearing

Full post as published by Kansas Defenders on December 09, 2010 (boomark / email).