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Statute of Limitation Law
 
STATE OF KANSAS v. ARLANDO T. LATHAM

Over the course of 1 1/2 years, Latham filed numerous motions to correct an illegal sentence. In his most recent motion, Latham requested an evidentiary hearing for the district court to consider whether a 1991 in-state juvenile adjudication for aggravated arson and a 1996 out-of-state conviction for aggravated robbery were properly scored as person felonies under State v. Dickey, 301 Kan. 1018, 3... More...   $0 (06-13-2017 - KS)

NICHOLAS DEAN SPEER v. STATE OF KANSAS

On September 28, 2009, Speer was voluntarily admitted to Osawatomie State Hospital for inpatient mental health treatment. According to his discharge summary, Speer had a long history of mental illness and entered treatment with depression and suicidal ideation. The treating physician diagnosed Speer with mood disorder and alcohol, cannabinoid, and amphetamine dependence. During his hospitalization... More...   $0 (06-13-2017 - KS)

STATE OF KANSAS v. APRIL LYNN NGUYEN

In February 2015, the State charged Nguyen in case No. 15CR437 with felony theft, possession of marijuana, and possession of drug paraphernalia

In early March 2015, the district court issued a warrant for Nguyen's arrest for violating her probation by committing these new crimes, by failing to pay court costs and fines, and by failing to provide proof that she was employed full-time or... More...
   $0 (06-13-2017 - KS)

STATE OF KANSAS v. WILLIE E. YOUNG

In July 2015, Young pled guilty to one count of robbery. At the plea hearing, Young explained to the district court that he had stolen video games and headphones from an employee at GameStop. Under the plea agreement, Young agreed to pay reasonable restitution.

Young's criminal-history score was A (the most serious of possible criminal history scores). Based on that score and the sever... More...
   $0 (06-13-2017 - KS)

STATE OF KANSAS v. MICHAEL CANDLEY, JR. Aggravated indecent liberties with a child

On November 10, 2014, the State charged Candley with three counts of aggravated indecent liberties with a child, each off-grid person felonies in violation of K.S.A. 2016 Supp. 21-5506(b)(3)(A). The first two counts alleged that Candley had fondled or touched a child under the age of 14 with the "intent to arouse or satisfy the sexual desires" of either himself or the child between January 1, 2013... More...   $0 (06-13-2017 - KS)

Ryan Saunders v. Superior Court, County of Santa Clara, (Limited Jurisdiction), San Jose Mercury News, LLC, Real Party in Interest

Petitioner Ryan Saunders, who worked as a custodial officer in the county jail, was
accused of eight misdemeanor counts of violating Penal Code section 13304, for his alleged
unauthorized access, receipt, or possession of local summary criminal information. The
People alleged by complaint that Saunders had illegally accessed a county criminalinformation
database—CJIC—and passed pro... More...
   $0 (06-13-2017 - CA)

STATE OF KANSAS v. CHARLES EDWARD WILLIAMS

On August 5, 2010, Charles Edward Williams was charged with one count of unintentional second-degree murder and one count of aggravated reckless battery causing great bodily harm. The State later amended the complaint or information and replaced the count of unintentional second-degree murder with one count of intentional second-degree murder. The charges were brought after Williams was involved i... More...   $0 (06-12-2017 - KS)

STATE OF KANSAS v. LARRY LAVERNE TOOTHMAN

On August 7, 2013, Larry L. Toothman was charged in a seven-count complaint or information. On December 12, 2013, the complaint or information was amended to add an additional four counts. Counts 1 and 2 charged aggravated criminal sodomy or in the alternative criminal sodomy; Count 3 charged aggravated criminal sodomy or in the alternative aggravated incest; Counts 4, 5, and 6 charged aggravated ... More...   $0 (06-12-2017 - KS)

CLIFFORD HOOD v. STATE OF KANSAS

In 1998, a jury convicted Hood of raping D.H., his then-14-year-old daughter. The district court sentenced him to 356 months in prison. The following year, Hood was convicted of one count of aggravated indecent liberties and one count of aggravated criminal sodomy committed against H.M., a friend of his daughter who was 12 years old when the crimes took place. The district court sentenced Hood to ... More...   $0 (06-12-2017 - KS)

STATE OF KANSAS v. UNDRA LEE

A jury convicted Lee of four January 1993 crimes: first-degree murder, aggravated kidnapping, kidnapping, and aggravated assault. He was sentenced for these crimes in 1995.

On July 1, 1993, the KSGA became effective. K.S.A. 1993 Supp. 21-4701 et seq. The KSGA's purpose was "'"to standardize sentences so that similarly situated offenders would be treated the same, thus limiting the effe... More...
   $0 (06-12-2017 - KS)

STATE OF KANSAS v. ESSEX SIMS

A jury convicted Sims of felony murder, two counts of aggravated battery, one count of criminal discharge of a firearm at an occupied dwelling, and one count of criminal possession of a firearm. These crimes occurred in March 1995. The presentence investigation revealed two prior offenses: a 1992 juvenile adjudication for theft scored as a nonperson felony and a 1992 juvenile adjudication for agg... More...   $0 (06-12-2017 - KS)

STATE OF KANSAS v. MATTHEW R. MCDANIEL Case Video

Ronald Wilson died from two gunshot wounds to the head. Wichita police investigated the death and questioned McDaniel. After initially denying involvement, McDaniel eventually confessed that he, Kendall Gentry, and Christopher Brown had planned to rob Wilson two days before the crime. He speculated the robbery's purpose was to assist in covering a drug debt Brown owed because one of Wilson's relat... More...   $0 (06-12-2017 - KS)

Casiopea Bovet, LLC. v. John Chaing, as State Contoller, etc.

Casiopea Bovet, LLC (Casiopea) appeals a judgment on the pleadings granted in
favor of the California State Controller (Controller) on the basis Casiopea could not claim
escheated property under the Unclaimed Property Law (Code of Civ. Proc., § 1500 et
seq.)1 as an assignee of Financial Title Company (Financial Title) because Financial Title
was a suspended corporation (Rev. & Tax.... More...
   $0 (06-12-2017 - CA)

STATE OF KANSAS v. MICHAEL LOUIS SOUKUP COURT OF APPEALS OF THE STATE OF KANSAS

The State appeals the district court's decision granting Michael Louis Soukup's motion to suppress the results of a warrantless blood test in the State's prosecution of Soukup for driving under the influence (DUI). The State argues that the good-faith exception to the exclusionary rule applies in this case when the trooper relied upon the DC-70 implied consent advisory in obtaining Soukup's blood... More...   $0 (06-11-2017 - KS)

STATE OF KANSAS v. JAMES ALLEN LEBEUF

While serving time in the Clay County jail on an unrelated misdemeanor charge, Lebeuf was a "trustee," which meant he had special privileges and access to different areas of the sheriff's department. See Black's Law Dictionary 1750 (10th ed. 2014). Lebeuf abused these privileges, stealing old electronics and firearms and trading them for methamphetamine.

While trading stolen guns for d... More...
   $0 (06-11-2017 - KS)

STATE OF KANSAS v. DONNIE RAY VENTRIS

The facts of Ventris' underlying case are well stated in the United States Supreme Court opinion regarding another issue from the case.

"In the early hours of January 7, 2004, after two days of no sleep and some drug use, Rhonda Theel and respondent Donnie Ray Ventris reached an ill-conceived agreement to confront Ernest Hicks in his home. The couple testified that the aim of the visit... More...
   $0 (06-11-2017 - KS)

WESLEY L. ADKINS v. STATE OF KANSAS

This case arose in August 2009 and involved a domestic violence incident between Adkins and Mercedes Bates, his ex-girlfriend and mother of their 1-year-old daughter. After a dispute over other sexual partners, Adkins held Bates captive in her bedroom and, after threats to "burn her face off," he proceeded to burn Bates multiple times with an iron while she held the baby daughter.

The S... More...
   $0 (06-11-2017 - KS)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give
rise to more than just criticism in the public sphere or complaints to elected
officials. Under Code of Civil Procedure section 526a,
1
certain individuals and
corporations also have a right to pursue legal actions enjoining wasteful or illegal
expenditures by government entities. Whether someone can us... More...
   $0 (06-11-2017 - CA)

STATE OF KANSAS v. SCOT E. BACON II Commercial sexual exploitation of a child

The State charged Scot E. Bacon II with two counts of commercial sexual exploitation of a child. Following a jury trial, Bacon was found guilty of one count but acquitted of the other. Bacon raises eight issues in his direct appeal: (1) that his statutory speedy trial rights were violated; (2) that the trial court erred by allowing the State to amend its complaint; (3) that the trial court erred b... More...   $0 (06-10-2017 - KS)

Jassmine D. Adams v. Toyota Motor Corporation

On June 10, 2006, Koua Fong Lee was driving his 1996 Toyota Camry on the
interstate. When Lee exited the interstate, the Camry failed to come to a stop and
rear-ended another car waiting at a stoplight, killing three of the other car’s five
passengers and injuring others, including those in Lee’s vehicle. Lee was convicted
of vehicular homicide, but his conviction was vacated after... More...
   $0 (06-10-2017 - MN)

Theodore Laymon v. J. Rockcliff, Inc. and George Hernandez v. Mason-McDuffie Real Estate, Inc.

The plaintiffs in these consolidated appeals filed suit against the brokers who
represented them in the sale of their homes and a group of companies that provided
services in connection with those sales. Plaintiffs contend defendants violated their
fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to
the brokers in connection with the sales.More...
   $0 (06-10-2017 - CA)

United States of America v. Jason Michael Hayden Federal Courthouse - Gulfport, Mississippi

Gulfport, MS - Felon Pleads Guilty to Possession of Firearm

Jason Michael Hayden, 37, of Picayune, entered a guilty plea before U.S. District Judge Sul Ozerden on June 8, 2017, to possession of a firearm by a convicted felon, announced Acting U. S. Attorney Harold Brittain.

Hayden faces a maximum penalty of 10 years in prison and a $250,000 fine.

The case was investigate... More...
   $0 (06-09-2017 - MS)

STATE OF KANSAS v. BERNIE JUNIOR CANTU

Because this appeal involves Cantu's challenge to revocation of his probation in two different cases, we find it helpful to set forth the intertwined procedural history of both cases in table form instead of the more traditional narrative form. At the August 20, 2015, hearing, the State called Carlos Murillo, Cantu's Intensive Supervision Officer (ISO), and Kathy Frick, Cantu's outpatient treatmen... More...   $0 (06-09-2017 - KS)

BRENT L. ALFORD v. STATE OF KANSAS

On December 29, 1997, Alford filed a pro se K.S.A. 60-1507 motion, along with a brief in support of the motion. He also filed a motion for appointment of legal counsel. Alford's motion alleged a denial of his right to confrontation, multiplicitous convictions, abuse of discretion at sentencing, and ineffective assistance of trial counsel. On March 20, 1998, the district court summarily denied Alfo... More...   $0 (06-09-2017 - KS)

STATE OF KANSAS v. ALAN KINGSLEY

A jury convicted Kingsley of four 1991 crimes: first-degree murder on the alternative theories of both premeditated and felony murder, aggravated robbery, aggravated arson, and forgery. As part of the proceedings, the jury found three aggravating circumstances: (1) Kingsley committed the crime for pecuniary gain; (2) he committed the crime to avoid or prevent arrest or prosecution; and (3) he co... More...   $0 (06-09-2017 - KS)

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