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May 2010 KSC docket

Here are the criminal cases on the KSC docket for May 3-6, 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.

May 3--Monday--a.m.

State v. Isaac Duncan, No. 99,463 (Sedgwick)
Sentencing appeal (petition for review)
Sarah Morrison (brief)

1. Improper upward durational departure after guilty plea

Jack Goldsmith v. State, No. 99,041 (Cowley)
K.S.A. 22-2512 appeal (petition for review)
Janine Cox

1. Improper dismissal of K.S.A. 22-2512 (DNA) petition before complete testing

May 4--Tuesday--a.m.

State v. Luther Kemble, No. 100,824 (Sedgwick)
Direct appeal; Agg Indecent Liberties
Carl Folsom, III

1. Improper judicial comment on credibility of witness
2. Prosecutorial misconduct (Doyle violation)
3. Failure to charge or instruct on age of defendant

State v. Sanford Colston, No. 100,005 (Wyandotte)
Direct appeal; Rape/Agg Indecent Liberties
Rachel L. Pickering

1. Failure to give unanimity instruction
2. Failure to charge or instruct on age of defendant
3. Failure to give agg indecent liberties as lesser
4. Improper Allen instruction

State v. Jesus Berriozabal, No. 100,291 (Saline)
Direct appeal; Rape/Agg Crim Sodomy
Christina M. Waugh

1. Improper admission of prior sexual misconduct
2. Improper denial of request for psychological exam of complaining witness
3. Improper denial of evidence of sexual misconduct by another

May 5--Wednesday--a.m.

Michael Mattox v. State, No. 101,078 (Shawnee)
State appeal (transfer)
Jean K. Gilles Phillips

1. Ineffective assistance of appellate counsel

State v. Thomas Plotner, No. 101,635 (Ford)
Sentencing appeal
Heather Cessna

1. Failure to allow motion to withdraw plea
2. Improper no contact order as part of sentence
3. Failure to grant downward departure

State v. Samuel Becker, No. 100,475 (Cherokee)
Direct appeal; Felony murder/kidnapping
Jessica R. Kunen

1. Improper admission of hearsay statements
2. Prosecutorial misconduct
3. Insufficient evidence of kidnapping
4. Failure to give unanimity instruction
5. Failure to give lesser for unintentional second-degree murder

Full post as published by Kansas Defenders on March 25, 2010 (boomark / email).