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December 2009 KSC Docket

Here are the criminal cases on the KSC docket for December 7-11,2009. 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 over the internet at the appellate court website (here) if you would like to listen in to any of these arguments.

December 7--Monday--a.m.

State v. Michael Hughes, No. 98,716 (Sedgwick)
Sentencing appeal (petition for review)
Matthew J. Edge

1. Insufficient showing of waiver of counsel for priors
2. Improper enhancement of sentence based on priors not in complaint

State v. Gregory Berry, No. 100,512 (Sedgwick)
Direct appeal; First-degree murder
Heather Cessna

1. Defense counsel abandoned client
2. Failure to give lesser included offense instruction
3. Failure to show causation
4. Ineffective assistance of counsel
5. Failure to give a requested causation instruction on felony murder
6. Prosecutorial misconduct

State v. Sean Ernesti, No. 101,925 (Douglass)
State appeal
J. Ryan Hare, Jay Norton

1. Certification of intoxilyzer

December 8--Tuesday--a.m.

State v. Candy Daniel, No. 101,622 (Butler)
Direct appeal (transfer); Possession
Randall L. Hodgkinson

1. Whether Gant error requires suppression

Stanton Holt v. State, No. 101,563 (Geary)
K.S.A. 60-1507 appeal
Gerald E. Wells

1. Failure to conduct evidentiary hearing on IAC claim
2. Improper ban on future or prospective causes of action

State v. Randy Marler, No. 100,820 (Sumner)
Direct appeal; Jessica's Law
Rachel L. Pickering

1. Improper prior bad act evidence limiting instruction
2. Improper denial of downward departure

December 9--Wednesday--a.m.

State v. Tyrone Leaper, No. 98,403 (Wyandotte)
Direct appeal (petition for review); Second degree murder
Sarah Morrison (brief); Heather Cessna (argue)

1. Failure to declare mistrial after juror reported that a witness stole evidence during trial
2. Improper admission of transcripts

State v. Marcy Carapezza, No. 101, 958 (Lyon)
State v. Jason Hughes, No. 101,959 (Lyon)(consolidated)
State appeal
Julia S. Spainhour, Stephen J. Atherton

1. Suppression of evidence after Kastigar hearing

State v. Robert Robison, No. 101,515 (Lyon)
Sentencing appeal (Jessica's Law)
Matthew J. Edge

1. Mandatory minimum sentences violate Eighth Amendment
2. Improper denial of downward departure

December 10--Thursday--a.m.

State v. Nathaniel Hill, No. 94,589 (Montgomery)
Direct appeal; Capital murder (life sentence)
Reid T. Nelson

1. Failure to give lesser of voluntary manslaughter
2. Batson error
3. Gruesome photographs
4. Improper admission of note without proper foundation
5. Improper finding of competency to stand trial

State v. Andrew Sale, No. 102,578 (Seward)
State appeal
Razmi Tahirkheli

1. Is expert testimony regarding delayed disclosure of child sex victims subject to Frye test

State v. Christopher Taha, No. 100,768 (Ford)
Direct appeal; First-degree murder
Ryan Eddigner

1. Improper exclusion of third-party evidence
2. Failure to give lesser included offense instructions
3. Improper admission of prior bad act evidence
4. Prosecutiorial misconduct

State v. Mary Jean Copes, No. 99,403 (Montgomery)
Sentencing appeal (petition for review); DUI
Patrick H. Dunn

1. BIDS fees
2. Mandatory $2500 fine imposed without findings

December 11--Friday--a.m.

State v. Harold Spencer, No. 101,077 (Shawnee)
State appeal
Carl Folsom, III

1. What findings are required for downward dispositional departure in Jessica's Law case
2. Downward durational departure
3. Downward dispositional departure
4. Legality of underlying sentence

Full post as published by Kansas Defenders on October 20, 2009 (boomark / email).