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: Kansas Defenders

Petitions for Review granted May, 2010

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On May, 18, 2010, the KSC granted several defendants' petitions for review:


State v. Benson, No. 97905 (Sept. 26, 2008) (unpublished)

Issues presented:

1. Whether right to confront witnesses was violated when the certification of the calibration of the Intoxilyzer 5000 was admitted into evidence

2. Whether felony DUI conviction violated Apprendi


State v. Miller, No. 99,232 (June 5, 2009)

Issues presented:

1. Double Jeopardy - mistrial based on prosecutorial misconduct

2. Prosecutorial misconduct - closing argument

3. Disqualification of Child Witness (Complaining Witness) for admissibility of hearsay

4. Confrontation - whether complaining witness' statement to SANE/SART nurse was testimonial

5. Cunninham Issue (whether aggravated sentence violated Cunningham v. California)

6. Ivory issue (whether use of criminal history to increase sentence violated Apprendi)


State v. Green, No. 99,944 (June 26, 2009) (unpublished)
Case summarily remanded to COA for consideration under State v. Copes.


Aldrich v. State, No. 100,013 (June 26, 2009) (unpublished)
Case summarily reversed and remanded to COA with directions to remand to the district court.


Thompson v. State, No. 100,058 (June 12, 2009) (unpublished)

Issues presented:

1. Ineffective assistance of trial counsel
a. failure to get evaluation of child complaining witness
b. stipulating to admission of child witness interview
c. failure to call child complaining witness as defense witness
d. failure to object to prior bad acts evidence
e. cumulative error

2. Whether 1507 movant can amend 1507 petition (relate back) after the 1-year deadline (Ludlow was wrongly decided)



Wells v. State, No. 101,129 (Dec. 24, 2009) (unpublished)
Case summarily reversed and remanded to COA with directions to remand to the district court.


State v. Eisenhart, No. 101,509 (Jan. 29, 2010) (unpublished)
State's appeal

Issues presented:

1. Jurisdiction for district court to reconsider departure motion



Full post as published by Kansas Defenders on June 07, 2010 (boomark / email).

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