October 2015 KSC docket

Here are the criminal cases on the KSC docket for October 26-29, 2015.  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 at the appellate court website and archived (here) if you would like to watch any of these arguments.

October 26--Monday--a.m.

State v. Milo Brown, No. 111,345 (Sedgwick)
Direct appeal; felony murder
Lydia Krebs (brief); Peter Maharry (argue)
[Affirmed; Beier; March 11, 2016]

• Insufficient evidence of aggravated robbery
• Insufficient evidence of underlying offense for felony murder
• Life sentence violates "double rule"

State v. Kenneth Tafoya, No. 107,684 (Sedgwick)
Direct appeal (petition for review); DUI
Heather Cessna
[Affirmed; Stegall; June 17, 2016]

• Improper use of prior convictions for enhancement

State v. Steven Louis, No. 110,853 (Sedgwick)
Direct appeal; felony murder
Lydia Krebs (brief); Peter Maharry (argue)

• Failure to give lesser-included offense instructions
• Failure to instruct that felony murder does not apply to co-felon
• Improper prosecutorial argument
• Life sentence violates "double rule"

State v. Felipe Hernandez, No. 108,684 (Sedgwick)
K.S.A. 21-2512 appeal
Janine Cox
[Rvd/rmd; Johnson; January 15, 2016]

• Improper summary denial of DNA test

State v. Kevin Gray, No. 109,912 (Sedgwick)
Motion to correct illegal sentence appeal
Carl F.A. Maughan
[Affirmed; Nuss; March 18, 2016]

• Improper summary denial of motion to correct illegal sentence

October 27--Tuesday--a.m.

State v. Gregory Keenan, No. 108,550 (Johnson)
Direct appeal (petition for review); DUI
Courtney T. Henderson
[Affirmed; Beier; August 19, 2016]

• Failure to grant motion to suppress evidence

October 28--Wednesday--a.m.

State v. Christopher Davisson, No. 109,778 (Neosho)
Motion to withdraw plea appeal
Michelle A. Davis
[Affirmed; Nuss; March 25, 2016]

• Whether lack of knowledge constitutes excusable neglect for untimely motion

State v. Alesia Warrior, No. 111,524 (Wyandotte)
Motion to correct illegal sentence appeal
Gerald E. Wells
[Affirmed; Beier; March 11, 2016]

• Retroactive application of Alleyne

State v. Douglas Page, No. 106,368 (Bourbon)
Direct appeal; aggravated indecent liberties with a child
Janine Cox
[Affirmed; Biles; December 31, 2015]

• Improper admission of evidence of prior bad acts
• Insufficient evidence of aggravated indecent liberties with a child
• Improper admission of SANE/SART nurse prelim testimony
• Improper admission of pornographic photographs

State v. Charles Jones, No. 111,540 (Wyandotte)
Motion to correct illegal sentence appeal
Gerald E. Wells
[Affirmed; Rosen; December 18, 2015]

• Failure to conduct competency hearing resulted in illegal conviction and sentence