Public Defense

Accidents happen [NOT FINAL]

Posted on October 10, 2008
Washburn student intern Krystle Dalke and I won in State v. Hernandez, No. 98,968 (Kan. App. Oct. 10, 2008), affirming Judge Young's dismissal of a Saline County aggravated child endangerment prosecution. The case stemmed from an accident where Ms. Hernandez' child wandered from his house and fell into a pond created by the heavy rains in May 2007...

Acquittal in high profile Shawnee County murder case

Posted on October 09, 2008
Here is a Topeka Capital-Journal article reporting that Kathleen Ambrosio won an acquittal in a State v. Netherland, a high profile Shawnee County first-degree murder prosecution. You can read about the eight-day trial here, here, here, and here. I think there was a lot of issues surrounding false confessions in this case.

Jurors seem satisified with appointed judges

Posted on October 09, 2008
Here is an Olathe News article reporting that jurors surveyed indicated a very favorable opinion of the appointed district judges in Johnson County. The article indicates that there is a measure on the ballot in Johnson County regarding a change from appointed to elected judges...

Couple of district court vacancies

Posted on October 09, 2008
Here are the press releases announcing judicial vacancies in the Seventh Judicial District (Douglas County) and the Tenth Judicial District (Johnson County). If you think you would be a good judge, get your application in now!

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Fifteen apply for district court in 1st District

Posted on September 29, 2008
Here is the news release announcing that fifteen lawyers, including several prosecutors, applied for the impending vacancies in the First Judicial District covering Leavenworth and Atchison Counties. If you have any input on these attorneys, be sure to get it to the Nominating Commission as soon as possible.

Suppression order upheld [NOT FINAL]

Posted on September 29, 2008
Richard E. Jones won in State v. Solis-Munoz, No. 99,632 (Kan. App. Sept. 26, 2008), affirming Judge Jeuenberger's supprssion of involuntary statements to police in a Shawnee County second-degree murder prosecution. The COA quickly held that it had jurisdiction over the interlocutory appeal, but went on to find that substantial competent evidence supported the suppression order:Neither the State nor Solis-Munoz dispute the essential facts pertaining to the issue of whether the statement was voluntary...

Reversal based on improper shackling before jury [NOT FINAL]

Posted on September 27, 2008
Washburn student intern Patrick Turner and I won in State v. Anderson, No. 96,602 (Kan. App. Sept. 26, 2008), remanding a Cloud County criminal threat prosecution for a new trial. The only issue addressed in the opinion was the district court's refusal to allow Mr...

That's why you need to confront

Posted on September 27, 2008
I saw a couple of related posts this morning. First was this nice post on the Kansas Federal Defender blog reporting on the closing of a Detroit police lab for, at least, incompetence. Professor Friedman also commented on the closure in this post on the Confrontation Blog, noting that it provides ample evidence of the need for cross-examination of what proseuctors want to call "routine" lab reports.

He looks pretty alive to me [NOT FINAL]

Posted on September 26, 2008
Washburn student intern Laurie Blanton and I won in State v. Shafer, No. 98,016 (Kan. App. Sept. 29, 2008)(unpublished), reversing a Saline County possession conviction. Officers were called to investigate Mr. Shafer who had been reported slumped over in his vehicle in a driveway...

New district judge in Johnson County

Posted on September 25, 2008
Here is the governor's press release announcing the appointment of Thomas Kelly Ryan to the district bench in the Tenth Judicial Circuit. The press release indicates that Ryan practices in the area of criminal defense, so some of you may know him.

Nominating commission gets busy to fill spot on KSC

Posted on September 16, 2008
Here is a news release announcing that the Supreme Court Nominating Commission is accepting nominations to fill the vacancy on the Kansas Supreme Court that will result from Chief Justice McFarland's retirement this upcoming January. Applications are due in the Clerk's office October 17, 2008.

Two vacancies in First

Posted on September 16, 2008
Here is a news release reporting that the First District Judicial Nominating Commission (covering Leavenworth and Atchison Counties) will be busy with the impending retirement of Judge Lacey and Judge Stewart. Nominations are due September 25, 2008, so if you are interested in being a district judge, or know someone that should be a district judge, get busy!

Short list in Johnson County

Posted on September 16, 2008
Here is the news release announcing that the Johnson County Judicial Nominating Commission forwarded three names to the governor to fill the district judge position being vacated by Judge Isenhour. The nominees are Thomas Kelly Ryan, Neil Foth, and magistrate judge James Phelan...

Long road to IAC finding

Posted on September 15, 2008
Alice White at the KU Defender Project won a new trial in Saleem v. State, No. 06-CR-1843 (K. Dist. Ct. Sept. 5, 2008). Mr. Saleem was convicted of murder in 1997 and lost his direct appeal in 1999 (here). Mr. Saleem filed an initial 1507 petition, which was denied in 2000...

Juvenile adjudication doesn't trigger persistent sex offender penalty [NOT FINAL]

Posted on September 13, 2008
Lydia Krebs won in State v. Boyer, No. 98,763 (Kan. App. Sept. 5, 2008), reversing a Sedgwick county enhanced persistent sex offender sentence. The COA reviewed the statutory scheme and concluded that it only applies to convictions, not juvenile adjudications:K...

A little cash in your pocket isn't probable cause

Posted on September 13, 2008
Kristen Patty and Kurt Kerns won in State v. Fitzgerald, No. 95812 (Kan. Sept. 12, 2008), reversing a Sedgwick County possession with intent convicition. The case stemmed from a valid vehicle stop:Fitzgerald was pulled over while traveling by himself in his girlfriend's truck in the late afternoon...

Acquittal in Reno County kidnapping case

Posted on September 12, 2008
Sarah Sweet-McKinnon won an aquittal in State v. Curtis, ending a Reno County kidnapping and aggravated burglary case. Here is the Hutch News article reportingon the case. Nice job Sarah!

Mental Health Courts

Posted on September 11, 2008
Ron Sylveseter, at What the Judge Ate for Breakfast, reports that the City of Wichita has received federal funding for a mental health court. According to Hon. Matthew D?Emic, there were over 150 mental health courts in the U.S. as of last fall...

October 2008 KSC docket

Posted on September 09, 2008
Here are the criminal cases on the KSC docket for October 14-17, 2008. 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...

PD runs for US Senate!

Posted on September 08, 2008
Well, at the risk of being accused of self-promotion, I did want to announce to all blog readers that I will be on the ballot this year as the Libertarian candidate for US Senate in Kansas.For the past seven years, I have been more and more frustrated with the current administration's gutting of the Rule of Law...

Speedy sentencing right

Posted on September 02, 2008
I saw this blog post on Sentencing Law and Policy reporting that the Delaware Supreme Court vacated a conviction based on a constitutional speedy trial violation stemming from a delayed sentencing proceeding. We have previously blogged about such a claim here and I have filed a sentencing issue based on the Speedy Trial Clause in the last year...

Couple of cert petitions filed

Posted on September 02, 2008
We filed a couple of cert petitions last week.The first was Denny v. Kansas, seeking review of (1) the prior conviction exception left intact after Apprendi and (2) whether juvenile adjudications fall into the prior conviction exception. We have filed a couple dozen cert petitions on these issues since Apprendi in 2000, and although the SCOTUS has ordered responses in a couple of them, none have been granted...

Outside the scope [NOT FINAL]

Posted on September 02, 2008
Mark Schoenhofer won in State v. Morlock, No. 97,447 (Kan. App. Aug. 29, 2008), reversing a Sedgwick County possession with intent conviction. The conviction stemmed from evidence obtained during a car stop. The COA majority held that questioning by officers about Mr...

Downward departure affirmed

Posted on August 30, 2008
Janine Cox won in State v. Stanley, No. 98,261 (Kan. App. July 25, 2008), affirming a downward durational depature sentence imposed by Judge Nafziger in a Jackson County aggravated indecent liberties with a child prosecution. The district court imposed a 60-month prison sentence rather than the 102 month presumtive sentence based on two factors: (1) the victim's comments that she encouraged the relationship, and (2) the age difference between Stanley and the victim was ?not significantly different...

And the survey says . . .

Posted on August 29, 2008
Here is a link to the newly reported judicial evaluations issued by the newly created Commission on Judicial Performance. The reports recommend that all of the appellate judges up for retention be retained. There appears to be some glitches to be worked out of this system, particularly with regard to the attorney evaluations...

Acquittal in Hutchinson

Posted on August 28, 2008
Here is a Hutch News article reporting that Lee Timan won an acquittal in State v. Jones, ending a Reno County possession prosecution.

Municipal judge named district judge

Posted on August 28, 2008
Here is the Topeka Capital-Journal article reporting that the governor appointed Cheryl Rios Kingfisher district judge in Shawnee County. The article indicates that she will become the fourth woman on the fifteen member bench and the first Hispanic judge on the Shawnee County bench.

History in the making

Posted on August 27, 2008
Here is What the Judge Ate for Breakfast's coverage of the historic panel held in Wichita this week. As Ron Sylvester notes, this is the first time that three women (who are regular members of the court) have sat on a panel together.Carl was before this panel, but he was not the one who called a judge "Ma'am...

But, he's a crackhead!

Posted on August 25, 2008
Randall Hodgkinson won in State v. Hughes, No. 95,256 (Kan. August 22, 2008), reversing Lyon County convictions for felony murder and aggravated burglary. Julia Spainhour won in the companion case, State v. Carapezza, No. 95,233 (Kan. August 22, 2008), reversing Lyon County convictions for felony murder, aggravated burglary, aggravated robbery, and misdemeanor theft...

Uh guys . . . the report says negative

Posted on August 23, 2008
Here is a Hutch News article reporting that Judge McCarville dismissed a Reno County trafficking prosecution (on the prosecutor's motion) after noticing that the KBI report turned up negative for meth on the substance found in the jail cell. Judge McCarville noticed that fact during the preliminary hearing, even though neither attorney apparently did...

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