Public Defense

No true bill

Posted on July 02, 2008
Here is a Wichita Eagle article reporting that the grand jury investigating abortion crimes in Sedgwick County returned no true bill. Remember that a Johnson County grand jury already reached a similar result earlier this year (as blogged about here)...

IAC in murder case

Posted on June 30, 2008
Jean Gilles Phillips and student interns Ashley Epperly and Sarah Pfieffer at the KU Defender Project won in Bledsoe v. Bruce, No. 07-3070-RDR (D. Kan. June 23, 2008), a federal 2254 petition. Mr. Bledsoe's murder conviction was affirmed by the KSC (here) in 2002 and denial of his 1507 motion claiming IAC was affirmed by the KSC (here) in 2007...

New blog about courts in Wichita

Posted on June 29, 2008
At least new to me. Here is a link to What the Judge Ate for Breakfast, a blog by Ron Sylvester, the court beat reporter for the Wichita Eagle. He has several interesting entries on stories happening in Wichita courts. Sylvester has always seemed to be a pretty even-handed reporter, so I will be checking his blog often!

Pilshaw censured

Posted on June 29, 2008
Here is the judicial discipline decision in In re Pilshaw, No. 100,060 (June 27, 2008), climaxing the disciplinary proceedings against her previously blogged about here and here. The KSC publicly censured Judge Pilshaw for yelling at prospective jurors:The aim of judicial discipline is "the maintenance of the honor and dignity of the judiciary and the proper administration of justice rather than the punishment of the individual...

To access this complete feed in the blog feed reader login or register for free.

Short list and another vacancy in Topeka

Posted on June 25, 2008
Here is Topeka Capital-Journal article reporting on the short list to fill the district court vacancy created by Judge Conkin in Shawnee County. The short list is Dave Debenham, Ruth Graham, and Cheryl Rios Kingfisher. If you have comments about these nominees, let the governor know...

Former ADO applies for district judge

Posted on June 25, 2008
Mary Prewitt, who spent a short time in the ADO, is on the list of attorneys applying for the district judge position in the 2d Judicial District. Here is a link to a Lawrence Journal-World article reporting Mary's background and on the other six applicants as well...

Not guilty in double murder case

Posted on June 25, 2008
Steve Rosel won an acquittal in State v. Hopper, a Sedgwick County double first-degree murder prosecution. Here is coverage in the Topeka Capital-Journal.

Juveniles have right to a jury trial

Posted on June 20, 2008
Paul Shipp won in In re L.M., No. 96,197 (Kan. June 20, 2008), reversing a Finney County juvenile prosecution and overruling Findlay v. State, 235 Kan. 462, 681 P.2d 20 (1984), the twenty-four year old precedent holding that juveniles are not entitled to a jury trial...

Adult sentence can't be consecutive to juvenile sanction

Posted on June 19, 2008
Rachel Pickering and Sarah "The Kid" Morrison won in State v. Crawford, No. 98,312 (Kan. App. June 13, 2008), reversing the district court?s denial of a motion to correct illegal sentence. Crawford claimed the sentencing court erred in ruling his adult sentences consecutive to his juvenile adjudications...

Public safety stop comes up short [NOT FINAL]

Posted on June 16, 2008
Carl Folsom won in State v. McCaddon, No. 96,051 (Kan. App. June 13, 2008), reversing a Saline County DUI conviction. The COA held that the basis for concern when investigating an anonomyous tip regarding a domestic dispute was insufficient to justify a public safety stop:Public safety stops fall under the police's community caretaking function, which expands beyond the police's role in investigating crime...

Suspicionless probation search condition unconsitutional [NOT FINAL]

Posted on June 13, 2008
Pat Dunn won in State v. Bennett, No. 98,038 (Kan. App. June 13, 2008) and three other Dickinson County cases vacating a probation condition requiring probationers to submit to suspicionless searches:While no specific standard has been set forth by the United States Supreme Court or Kansas courts, the Tenth Circuit Court of Appeals has analyzed Kansas law with respect to whether suspicionless parolee searches are valid and has thus shed some light on this issue...

IAC win in district court

Posted on June 12, 2008
Kevin Shepherd won at an IAC remand hearing in State v. Justin Elnicki, 01CR 1828 (Kan. Dist. June 5, 2008), obtaining a third trial in a Shawnee County rape prosecution. This is the same case as the 2005 ADO case of the year, where Pat Dunn got a reversal based on inappropriate comments on credibility included in a videotape interrogation being shown to the jury...

Can't use post-probation acts for probation violation

Posted on June 12, 2008
Alice C. White of the Kansas Defender Project won in State v. Skolaut, No. 97,401 (Kan. May 16, 2008), substantially affirming Judge Kaufman's refusal to violate Mr. Skolaut's probation based on acts occuring after the probation period had expired. The KSC held that a district court can take such acts into account when determining disposition after violation, but not for the violation finding itself...

One judge position filled, one to go

Posted on June 10, 2008
Here is the Governor's press release announcing the appointment of David W. Hauber as District Judge for the 10th Judicial District (Johnson County). This fills the position created by Judge Russell's retirement. It doesn't look like Mr. Hauber has a lot of criminal law experience...

How much investigation does it take to give a parking ticket? [NOT FINAL]

Posted on June 10, 2008
Washburn student intern (now Salina PD) Andrew Parmenter and I won in State v. Gross, No. 97,444 (Kan. App. June 6, 2008), reversing a Sedgwick County drug conviction. Officers saw a car stop too close to a drive way and saw the driver start to walk away...

Statutory speedy trial [NOT FINAL]

Posted on June 09, 2008
Sarah Morrison and Korey Kaul won in State v. Gore, No. 97,380 (Kan. App. June 6, 2008), reversing a Sedgwick County aggravated criminal sodomy conviction. On a record the COA found unclear, it held that the record was insufficient to support the district court's allocation of time to the defense:First, the fact that the trial court had known Ladner for a longer period of time than it had known defense counsel is not very helpful...

Character evidence win

Posted on June 06, 2008
Robert R. Nigh, Jr. and Clark O. Brewster won in U.S. v. Yarbrough, No. 06-5229 (10th Cir. June 3, 2008), getting a new trial in a Oklahoma federal prosecution for obstructing an official proceeding and providing unlawful notice of a search or seizure warrant...

Willie Aikens Released

Posted on June 04, 2008
Since I joined this blog roughly a month ago, I have been trying to figure out a way to link my love for baseball, and the Kansas City Royals, to a relevant topic regarding criminal defense. Well, today I found it. Willie Aikens, a key member of the 1980 Kansas City Royals (who beat the Yankees to go to the World Series), is to be released from federal prison today...

Scope limited during investigatory detention

Posted on June 02, 2008
Larry Schwartz won in State v. Lacey Smith, No. 96,189 (Kan. May 30, 2008), upholding Judge St. Peter's suppression order in a Cowley County drug prosecution. The KSC succinctly summarized its opinion in its opening paragraphs:In Muehler v. Mena, 544 U...

Judicial candidates lining up in Sedgwick County

Posted on May 31, 2008
Here is a Wichita Eagle article reporting that State Senator Phil Journey is running for district judge in Sedgwick County along with a lot of other people. Keep me up to date on any judicial election news around the state this election cycle so that I can pass it along!

Life sentence in capital case

Posted on May 31, 2008
Sorry for the belated report. Gary Owens and Mark Manna won a life sentence in State v. Burnett, a Sedgwick County capital case. Here is the Wichita Eagle article reporting on the verdict.

Drug treatment statute does not affect length of probation

Posted on May 30, 2008
On May 28, the COA granted the ADO's motion to publish in State v. Holt, No. 95,278 (Kan. App. July 13, 2007), giving some much needed love to former Apellate Defender Jay Witt.The Holt decision clarifies that the presumptive term of probation for a severity level 4 drug offense is 12 months- regardless of whether the court can impose a longer term for drug treatment...

Persistent Sex Offenders and Due Process

Posted on May 29, 2008
Under K.S.A. 21-4704(j), if a defendant qualifies as a ?persistent sex offender,? their presumptive guidelines sentence is double the maximum duration they would normally receive under the Kansas Sentencing Guidelines. In other words, take the top of the presumptive guidelines box for the defendant?s offense, and double that...

Another Jessica's Law acquittal

Posted on May 28, 2008
I received a report that Angela Stoller of the Junction City PD's office won in State v. Schweitzer getting a complete acquittal in a Geary County Jessica's Law prosecution involving a count of aggravated indecent liberties and aggravated intimidation...

Acquittal in Lyon County

Posted on May 27, 2008
Here is a Hutch News article reporting that Sarah McKinnon and Kelly Driscoll won complete acquittal on ten counts of rape and twenty other charges in State v. Gregory out of Lyon County. Sarah did a good job of giving credit to the small-town jury in this article.

Threat to take away kids is coercive

Posted on May 16, 2008
Jennifer Roth, former ADO and current Shawnee County PD, won in State v. Brown, No. 96,862 (Kan. May 16, 2008) affirming Judge Parrish's suppression of statements in a Shawnee County child abuse prosecution. My previous blogs about this case here and here provide more details...

Have to prove "inevitable" at hearing

Posted on May 16, 2008
Michelle Davis won in State v. Stowell, No. 96,091 (Kan. May 16, 2008), reversing a Reno County drug conviction. In a short decision, the KSC finds that the COA correctly refused to apply the inevitable discovery rule to cure an otherwise clear illegal search and seizure:We need not decide if the majority's conclusion about Stowell's imminent bonding out was speculative...

In "custody" for habeas purposes [NOT FINAL]

Posted on May 16, 2008
A pro se client won in Rawlins v. State, No. 97,260 (Kan. App. May 16, 2008), getting an order allowing her 1507 petition to go forward. Ms. Rawlins had been convicted and put on probation. After the convicton was affirmed on direct appeal, but while still on probation, Ms...

Scott?s Death Sentence Reversed

Posted on May 16, 2008
Rebecca E. Woodman and Steven R. Zinn won today in State v. Gavin Scott, No. 83,801 (May 16, 2008). The court affirmed most of Scott's convictions (including capital murder), but reversed his conviction for premeditated murder, and reversed his death sentence...

Slow down, you move too fast . . .

Posted on May 14, 2008
Lawrence Chacon won in U.S. v. Valadez-Valadez, No. 06-2341 (10th Cir. May 12, 2008), reversing a federal conviction for transporting illegal aliens out of New Mexico. The Tenth Circuit held that driving ten m.p.h. below speed limit does not provide a sufficient basis for a traffic stop for impeding traffic:The obvious candidate for the victim of Mr...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.