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October 2009 KSC docket

Here are the criminal cases on the KSC docket for October 26-30, 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.

October 26--Monday--a.m.

State v. Jose Huerta-Alvarez, No. 100,402 (Sedgwick)
Direct appeal; Agg indecent liberties
Heather Cessna

1. Failure to charge and instruct on age of defendant
2. Sufficiency of evidence
3. Prosecutorial misconduct

State v. Joe Moondragon, No. 100,510 (Sedgwick)
Sentencing appeal
Roger L. Falk

1. Jessica's Law is cruel and/or unusual punishment
2. Failure to grant downward departure

State v. Merado Garza, Jr., No. 100,359 (Sedgwick)
Direct appeal; Rape (Jessica's Law)
Michelle Davis

1. Failure to appoint substitute counsel
2. Refusal to admit evidence relevant to defense
3. Failure to charge and instruct on age of defendant

October 27--Tuesday--a.m.

State v. William Sheldon, No. 98,160 (Cowley)
Direct appeal (petition for review); Making False Information/Obstruction
Jennifer Passiglia

1. General/specific charge (regulation of pawnbrokers)
2. Sufficiency of evidence
3. Failure to give unanimity instruction
4. Prosecutorial misconduct

State v. Stephen McGinnis, No. 99,217 (Atchison)
Direct appeal (petition for review); DUI
Ryan Eddinger

1. Improper seizure without reasonable suspicion

October 28--Wednesday--a.m.

State v. Charles Hollingsworth, III, No. 99,961 (Shawnee)
Direct appeal; First degree murder
Nancy Ogle

1. Denial of suppression of statements
2. Improper admission of prior bad act evidence

State v. Paul Finch, No. 101,136 (Douglas)
State appeal (question reserved)
Janine A. Cox

1. Whether intoxilyzer reading is sufficient to sustain DUI conviction

October 29--Thursday--a.m.

State v. David Pressley, No. 98,823 (Sedgwick)
Direct appeal (petition for review); Aggravated robbery
Randall L. Hodgkinson

1. Speedy Trial violation for delay in sentencing

State v. Carlos Jackson, No. 100,807 (Douglas)
Sentencing appeal (transfer)
Christina M. Waugh

1. Improper classification of juvenile adjudication as conviction for lifetime registration
2. Improper modification of sentence after pronounced in court

State v. Chad McMullen, No. 100,313 (Shawnee)
Direct appeal; Agg indecent liberties
Michael E. Francis

1. Denial of suppression of statements
2. Improper admission of safe talk tape
3. Improper imposition of consecutive life sentences

October 30--Friday--a.m.

State v. Deanna Gilley, No. 99,156 (Reno)
State v. Mary Arnett, No. 99,508 (Reno)
State appeals (criminal history)
Janine A. Cox

1. Whether prior forgery convictions should be included in criminal history for aggravated forgery conviction

Full post as published by Kansas Defenders on September 10, 2009 (boomark / email).