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Petitions for Review granted

On November 5, 2009, the KSC granted petitions for review in the following criminal cases:

State v. Walker, No. 99,457 (Kan. App. Feb. 27, 2009)

Issues presented:

1. Whether there was reasonable suspicion for police to detain Walker

2. Whether the extension of the investigatory stop was an illegal detention.

3. Whether the discovery of the warrant cured the extension of the detention.

State v. Stieben, No. 99,446 (Kan. App. Feb. 13, 2009) (unpublished)

Issues presented

(1) Illegal stop ? fog line, driving too slow

(2) Illegal arrest because PC was based primarily on results of HGN test ? which is too unreliable to form basis for PC

(3) Right to fair trial violated when judge answered a jury question incorrectly (told the jury the wrong facts and refused to look at record prior to answering question as requested by defense counsel)

(4) Judge erred in failing to recuse self.

State v. Ward, No. 99,549 (Kan. App. Feb. 20, 2009) (unpublished)

Issues presented:

1. Whether there was sufficient evidence to convict Ward of 14 felonies based largely on the testimony of a confidential informant

2. Whether the district court erred in denying Ward's motion for mistrial after two State witnesses identified two individuals who were sitting in the courtroom wearing orange jail jumpsuits as associates of Ward's.

State v. Gatlin, No. 99,091 (Kan. App. March 6, 2009) (unpublished)

Issue presented:

Whether the district court committed reversible error in failing to instruct the jury on the lesser included offenses of reckless aggravated battery under K.S.A. 21-3414(a)(2)(A) and (B).

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