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Public Defense

: Kansas Defenders

Petitions for Review granted September, 2010

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On September 14, 2010, the KSC granted several defendants' petitions for review:

State v. Tully, No. 92,764 (April 13, 2007) (unpublished)

Issues presented:

1. Prosecutorial misconduct - prosecutor's improper comment on defendant's post-arrest silence

2. Whether jury instruction on force necessary to prove rape count invaded the province of the jury

3. Whether ER doctor should have been allowed to give expert testimony that the lack of physical injury did not mean thata rape did not occur.

4. Cumulative error

State v. Rashawn Anderson, No. 99,123 (March 20, 2009) (unpublished)

Issues presented:

Prosecutorial misconduct in closing argument
Whether the eyewitness identification instruction (PIK Crim. 3d 52.20) should include the factor of the witness? degree of certainty
Whether a defendant must waive his constitutional right to testify on the record
Cumulative error

State v. Longstaff, No. 100,112 (March 26, 2010) (unpublished)

Issues presented:

Improper admission of prior bad acts evidence under K.S.A. 60-455
Failure to redact references to defendant?s credibility
Whether defendant?s criminal history must be proved to a jury (Ivory issue)

State v. Knight, No. 100,167 (November 6, 2009)

Issues presented:

Suppression of car stop based on State?s failure to prove an improper lane change
Whether defendant?s conviction for carrying a concealed weapon violated his constitutional rights to bear arms

This case was remanded back to the Court of Appeals for consideration of the U.S. Supreme Court?s recent decision in McDonald v. Chicago, 561 U.S. __, 130 S.Ct. 3020 (2010) (Second Amendment right to keep and bear arms is fully applicable to the states by virtue of the Fourteenth Amendment to the U.S. Constitution).

State v. Angela Anderson, No. 100,173 (October 2, 2009) (unpublished)

Issues presented:

Motion to suppress based on unreliability of confidential information in search warrant affidavit
Improper admission of prior drug convictions under K.S.A. 60-455

State v. Murphy, No. 100,178 (November 13, 2009)

Issue presented:

Motion to suppress should have been granted because the consent to search was extracted during an unlawful detention,not a voluntary encounter.

State v. Nambo, No. 100,464 (September 25, 2009)

Issue presented:

Whether an unarmed accomplice is required to register as a violent offender under K.S.A. 22-4902(a)(7) based on thedistrict court?s finding that ?a deadly weapon was used in the commission of such person felony.?

State v. Coman, No. 100,494 (August 28, 2009)

Issues presented:

1. Whether defendant is required to register as a sex offender under K.S.A. 22-4902(c)(14) based on his conviction of criminal sodomy under K.S.A. 21-3505(a)(1).

2. Whether K.S.A. 21-3505(a)(1) is unconstitutional for criminalizing sex between a human and an animal.

State v. Waddell, No. 100,517 (November 13, 2009) (unpublished)

Issue presented:

Whether the district court erred in admitting the video of a complaining witness? statement into evidence under K.S.A. 22-3433 when the prosecution failed to provide a transcript of the video to the defense.

State v. Tapia, No. 100,596 (August 28, 2009)

Issues presented:

Defective Complaint - failure to alleged specific overt act for conspiracy charge
Failure to give the cautionary accomplice instruction from PIK Crim. 3d 52.18

State v. Hamilton, No. 100,730 (October 16, 2009) (unpublished)

-Review was granted, and the case was remanded to the Court of Appeals for reconsideration in light of State v. Copes, 290 Kan. 209, 224 P.3d 571 (2010).

State v. Hopkins, No. 100,851 (September 4, 2009) (unpublished)

Issue presented:

Whether K.S.A. 21-4614a requires jail credit to be awarded for time spent in an inpatient drug treatment facility while on probation when the defendant is also in the drug treatment facility for a ?mandatory drug treatment? case.

State v. Brittingham, No. 100,888 (October 30, 2009)

Issue presented:

Whether employees of the public housing authority illegally searched defendant?s apartment.

State v. Snellings, No. 101,378 (May 21, 2010) (unpublished)

Issue presented:

Whether possession of ephedrine or pseudoephedrine with the intent to manufacture a controlled substance (K.S.A. 65-7006) is an identical offense to possession of drug paraphernalia with the intent to manufacture a controlled substance in K.S.A. 65-4152(a)(3).

State v. Adams, No. 101,392 (June 4, 2010)

Issues presented:

1. Motion to suppress search of defendant?s home based on alleged misrepresentations in the search warrant affidavit.

2. Whether it was clear error to instruct the jury, using PIK Crim. 3d 67.13-D, that evidence of a defendant's crime of use of drugs could be used to prove the contemporaneous crime of the manufacture of drugs.

3. Whether possession of lithium metal with the intent to manufacture a controlled substance (K.S.A. 65-7006[a]) is an identical offense to possession of drug paraphernalia with the intent to manufacture a controlled substance in K.S.A. 65-4152(a)(3).

4. Whether defendant?s criminal history must be proved to a jury (Ivory issue).

State v. Coleman, No. 101,621 (May 14, 2010) (unpublished)

Issue presented:

Whether police officer illegally extended the duration of a traffic stop without reasonable suspicion of criminal activity.

State v. Sanchez-Loredo, No. 101,912 (November 25, 2009)

(State?s appeal)

Issue presented:

Whether exigent circumstances existed in traffic stop, so as to alleviate the warrant requirement for the search of defendant?s vehicle.