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September 2016 KSC docket

Here are the criminal cases on the KSC docket for September 12-16, 2016. 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 at the appellate court website (here) and archived (here) if you would like to watch any of these arguments.

September 12--Monday--a.m.

In re Todd Ellison, No. 112,256 (Sedgwick)
SVPA state appeal
Michael P. Whalen

• District court correctly dismissed SVPA proceeding

Shannon Bogguess v. State, No. 111,299 (Sedgwick)
K.S.A. 60-1507 appeal (petition for review)
Michael P. Whalen

• Failure to hold evidentiary hearing on IAC claim

September 13--Tuesday--a.m.

State v. Jack LaPointe, No. 112,109 (Johnson)
State appeal (petition for review)
Richard Ney

• District court properly allowed DNA testing

State v. Brian Bailey, No. 112,888 (Johnson)
Motion to correct illegal sentence appeal
Catherine A. Zigtema

• Improper restitution award
• Failure to correct illegal sentence

State v. Maurice Stewart, No. 111,995 (Johnson)
Direct appeal; felony murder
Korey A. Kaul

• Improper instruction regarding lesser-included offenses
• Improper instruction excluding self-defense as a matter of law
• Erroneous competency finding
• Improper admission of blood spatter evidence

September 14--Wednesday--a.m.

State v. Nicholas Corbin, No. 113,585 (Saline)
Sentencing appeal
Joanna Labastida

• Failure to find defendant intellectually disabled

State v. Dane Deweese, No. 112,372 (Saline)
Direct appeal; first-degree premeditated murder
Kurt P. Kerns (brief), Melanie S. Morgan (brief and argue)

• Failure to disclose exculpatory evidence

September 15--Thursday--a.m.

State v. William Holt, II, No. 113,990 (Shawnee)
Sentencing appeal
Meryl Carver-Allmond

• Improper restitution finding

State v. Casey Baker, No. 111,915 (Douglas)
Direct appeal; possession
Corrine E. Gunning

• Failure to suppress evidence (Fourth Amendment)

September 16--Friday--a.m.

State v. Douglas Belt, No. 94,435 (Sedgwick)
Direct appeal; capital murder
Rebecca E. Woodman (brief), Sarah Ellen Johnson (brief and argue)

• Multiplicity of capital murder and attempted rape
• Insufficient evidence
• Abatement of appeal on death of defendant

Full post as published by Kansas Defenders on July 09, 2016 (boomark / email).