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: Kansas Defenders

Petitions for Review granted March, 2010

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On March 8, 2010, the KSC granted petitions for review in the following cases:

State v. Deal, 41 Kan. App. 2d 866; 206 P.3d 529 (May 1, 2009)

Issues presented:

1. Sufficiency of the evidence on reckless second-degree murder conviction

2. Whether the court erroneously instructed the jury that victim had ?no duty to retreat?

3. Cunningham v. California issue (applying Apprendi to aggravating facts used to sentence defendant to top sentence of presumptive grid box)

4. Ivory issue (applying Apprendi to facts of criminal history)




State v. George, No. 97,679 (Kan. App. October 3, 2008) (unpublished)

-Review granted and case summarily remanded to the Court of Appeals in light of
State v. Wright, No. 97,013 (Kan. Feb. 26, 2010) (discussing alternative means)



State v. Gore, No. 97,380 (Kan. App. June 12, 2008)

-State?s petition granted and Gore?s cross-petition granted
-Case summarily remanded/transferred to the district court for new findings of fact relating to a speedy trial issue

Full post as published by Kansas Defenders on March 15, 2010 (boomark / email).

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