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Petitions for Review granted January 2010

On January 7, 2010, the KSC granted defendants' petitions for review in the following criminal cases:

Albright v. State, No. 102,454 (Kan. App. June 25, 2009)(unpublished)

Issue presented:

1. Improper dismissal of appeal

State v. Huerta, No. 101,438 (Kan. App. May 21, 2009)(unpublished)

Issue presented:

1. Improper dismissal of appeal

State v. Freeman, No. 100,792 (Kan. App. April 24, 2009)(unpublished)

Issue presented:

1. Improper denial of motion to withdraw plea

Holmes v. State, No. 100,666 (Kan. App. Aug. 14, 2009)(unpublished)

Issue presented:

1. Improper summary denial of K.S.A. 60-1507 motion alleging IAC

State v. Roberts, No. 100,233 (Kan. App. March 13, 2009)(unpublished)

Issue presented:

1. Whether pretrial dismissal constitutes acquitttal under statute

State v. Berreth, No. 99,937 (Kan. App. May 15, 2009)(unpublished)

Issue presented:

1. Whether Court of Appeals had jurisdiction in previous appeal resulting in resentencing

State v. Johnson, No. 98,812 (Kan. App. April 3, 2009)(unpublished)

Issue presented:

1. Improper denial of motion to suppress evidence and statements

State v. Simmons, No. 98,770 (Kan. App. April 10, 2009)(unpublished)

Issue presented:

1. Prosecutorial misconduct

State v. Long, No. 98,736 (Kan. App. May 20, 2009)

Remanded for reconsideration in light of State v. Youngblood (prohibitng use of misdemeanor for enhancement if violation of right to counsel)

Full post as published by Kansas Defenders on January 10, 2010 (boomark / email).