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Public Defense

: Kansas Defenders

Lots of great appellate work by defenders

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We try to track and publish good cases as they come out. Not surprisingly, we are somewhat focused on ADO cases (because we are from the ADO). We try to post on other cases when we know about them, so we pretty regularly post on other defenders' published and unpublished reversals, which we can track. But it is often difficult to know when defenders have won in unpublished state appeals (because they show up as affirmed on the court web site and it doesn't show who is appellant/appellee on the case list). Because the ADO does not generally do interlocutory appeals, they can sort of fly under the radar.

I recently did a westlaw search and it turned up a lot of great trial/appellate work by defenders in these types of cases in the last few months. We posted on them (retroactively dated to around when the decision came out), but we thought we would also just list and link them here:

State v. Ramos, No. 99,544 (Jan. 16, 2009); Shawna Miller (now Jackson County CA); affirming Judge Ireland's suppression order based on improper car stop.

State v. Hilson, No. 99,421 (Feb. 6, 2009); Michael Whalen; affirming Judge Powell's grant of a new trial in a K.S.A. 60-1507 proceeding.

State v. Frischenmeyer, No. 99,975 (Feb. 13, 2009); Sam Kepfield; and State v. Swansen, No. 100,331 (Feb. 13, 2009); John Sullivan; companion cases affirming Judge Chambers' suppression order rejecting application of emergency doctrine.

State v. McFadden, No. 99,832 (Feb. 13, 2009); Shawn Lautz; affirming Judge Chambers' suppression order based on improper seizure of car.

State v. Miller, No. 99,998 (Feb. 13, 2009); Steven Jensen; affirming Judge Harth's dismissal based on statutory speedy trial.

State v. Renteria, No. 99,309 (Feb. 27, 2009); Michael Holland II; affirming Judge Rome's dismissal based on statutory speedy trial.

State v. Rodriguez, No. 100,626 (March 13, 2009); Alex McCauley; affirming Judge Bornholdt's suppression based on an improper search of a vehicle.

State v. McPherson, No. 100,072 (March 13, 2009); affirming Judge Larson's suppression order based on improper community caretaking stop.

State v. Pickerill, No. 100,189 (April 3, 2009); Charles O'Hara; affirming Judge Chambers' denial of a motion to continue.

Good job. Be sure to let us know about good decisions like this. And let us know about good orders you get in district court that aren't appealed. If you send us a .pdf, we will post it on the blog (and other defenders can cite it as persuasive authority)!

Full post as published by Kansas Defenders on June 02, 2009 (boomark / email).

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