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March 2010 KSC docket

Here are the criminal cases on the KSC docket for March 8-12, 2010. 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.

March 8--Monday--a.m.

State v. Scott Dukes, No. 96,563 (Sedgwick)
Direct appeal (petition for review); DUI
Rick Kittel

1. Improper admission of Intoxilyzer certification records and driving records
2. Improper imposition of fine

State v. Asa Adams, No. 101,236 (Sedgwick)
Direct appeal; First-degree murder
Janine Cox

1. Improper response to jury questions
2. Improper instruction on expert testimony
3. Ineffective assistance of counsel

State v. Edrick Edwards, No. 100,457 (Sedgwick)
Direct appeal; First-degree murder
Rachel L. Pickering

1. Statutory speedy trial violation
2. Improper denial of suppression of statements
3. Failure to supplement aiding and abetting instruction
4. Gruesome photographs
5. Failure to modify prior bad acts limiting instruction

State v. John Hoisington, No. 100,818 (Sedgwick)
Sentencing appeal; Jessica's Law
Randall L. Hodgkinson

1. Jurisdiction to grant downward departure
2. Is lifetime postrelease is cruel and unusual punishment

March 9--Tuesday--a.m.

State v. Alfonzal Jones, No. 98,571 (Wyandotte)
Direct appeal (petition for review); Agg kidnapping/rape
Lydia Krebs

1. Improper denial of motion to proceed pro se
2. Coercive response to jury question
3. Failure to give prior bad act limiting instruction
4. Overbroad instruction on kidnapping
5. Improper instruction in re "favoritism or sympathy"

March 10--Wednesday--a.m.

State v. Richard Shadden, No. 97,457 (Johnson)
Direct appeal (petition for review); DUI
Shawn E. Minihan

1. Improper expert testimony on level of intoxication

State v. Tina Williams, No. 98,667 (Johnson)
Sentencing appeal
Carl Folsom, III

1. Improper severity level on journal entry

March 11--Thursday--a.m.

State v. Rory Foster, No. 101,029 (Allen)
Direct appeal; First-degree murder
Heather Cessna

1. Failure to revisit competency to stand trial
2. Failure to address concerns with counsel
3. Failure to give lesser of voluntary manslaughter
4. Failure to ensure unanimous verdict
5. Failure to declare mistrial after disruption in courtroom
6. Gruesome photographs
7. Prosecutorial misconduct

State v. Damon Allen, No. 99,014 (Seward)
Direct appeal (petition for review); Possession with intent
Michelle A. Davis

1. Failure to give unanimity instruction
2. Failure to give accomplice instruction

State v. Timothy Spidel, No. 101,659 (Shawnee)
Direct appeal; Failure to register
Michael E. Francis

1. Registration requirement is unconstitutionally vague

Full post as published by Kansas Defenders on February 01, 2010 (boomark / email).