Search for: "Maharry v. Maharry" Results 1 - 20 of 26
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16 Dec 2019, 7:04 pm by Randall Hodgkinson
Maharry[Affirmed; Luckert; October 16, 2020]Double Jeopardy violation for prosecution after first conviction affirmed on appealSeparate convictions for aggravated robbery are multiplicitousState v. [read post]
14 Sep 2019, 11:25 am by Randall Hodgkinson
Maharry[Affirmed; Biles; January 10, 2020]Felony murder statute includes unconstitutional conclusive presumptionImproper instruction requiring jurors to follow instructionsProsecutorial error in jury selectionHard-25 sentence is disproportionate applied to young adultsJohn Balbirnie v. [read post]
26 Jan 2019, 6:51 am by Randall Hodgkinson
Robert Weber, No. 113,472 (Sedgwick)Sentencing appeal (petition for review)Peter Maharry[Affirmed; Biles; June 14, 2019]Improper classification of prior convictionState v. [read post]
15 Dec 2018, 12:34 pm by Randall Hodgkinson
Stephen Gentry, No. 116,371 (Saline)Direct appeal; First-degree murderPeter Maharry[Affirmed/Vacated; Rosen; September 20, 2019]Failure to give voluntary manslaughter instructionFailure to give lesser-included offense instructionsDenial of motion to continueImproper assessment of restitutionState v. [read post]
27 Oct 2018, 11:46 am by Randall Hodgkinson
Roy Samuel, No. 116,423 (Wyandotte)Sentencing appealPeter Maharry[Affirmed; Biles; January 11, 2019]Life sentence for juvenile is Cruel and Unusual PunishmentState v. [read post]
11 Aug 2018, 12:56 pm by Randall Hodgkinson
Lee Williams, No. 116,690 (Wyandotte)Direct appeal; First-degree premeditate murderPeter Maharry[Affirmed; Biles; October 26, 2018]Improper comments in closing argumentImproper striking of juror based on raceImproper admission of autopsy photographsState v. [read post]
27 Jul 2018, 5:10 pm by Randall Hodgkinson
Robert Doelz, No. 113,165 (Leavenworth)Direct appeal (petition for review); Possession with intent to distributePeter Maharry[Reversed/remanded; Johnson; January 11, 2019]Officer exceeded scope of traffic stopOfficer violated Fourth Amendment by searching object seized from vehicleState v. [read post]
20 Jan 2018, 7:41 pm by Randall Hodgkinson
Willie Fleming, No. 112,549 (Johnson)Direct appeal (petition for review); Agg robbery/Agg burglaryPeter Maharry[Affirmed; Luckert; August 10, 2018]Jury instruction broader than charging documentState v. [read post]
8 Dec 2017, 6:40 pm by Randall Hodgkinson
Dustin Walker, No. 116,174 (Douglas)Direct appeal; First-degree felony murderPeter Maharry[Affirmed; June 29, 2018]Improper meeting with juror outside defendant's presenceJudicial misconduct re: shredding juror's notes without notice to partiesImproper admission of statements in violation of MirandaFailure to give aiding and abetting instructionJanuary 26--Friday--a.m.Danny Beauclair v. [read post]
17 Jan 2016, 9:31 am by Randall Hodgkinson
Ralph Corey, No. 110,149 (Franklin)Direct appeal (petition for review); aggravated kidnappingLydia Krebs (brief); Peter Maharry (petition for review & argue)Jury misconduct (juror comment during deliberations)Denial of right to be present during readbackImproper jury instructionImproper prosecutorial argumentMarch 3--Thursday--a.m.State v. [read post]
31 Oct 2015, 8:48 am by Randall Hodgkinson
Jeffrey Pribble, No. 108,915 (Sedgwick)Direct appeal (petition for review); possession with intentLydia Krebs (brief); Peter Maharry (argue)Two counts of no tax stamp are multiplicitousImproper prosecutorial argumentState v. [read post]
12 Sep 2015, 6:43 am by Randall Hodgkinson
Milo Brown, No. 111,345 (Sedgwick)Direct appeal; felony murderLydia Krebs (brief); Peter Maharry (argue)Insufficient evidence of aggravated robberyInsufficient evidence of underlying offense for felony murderLife sentence violates "double rule"State v. [read post]
31 Jul 2015, 12:15 pm by Randall Hodgkinson
Michael Daws, No. 108,716 (Wyandotte)Direct appeal (petition for review); aggravated burglaryLydia Krebs (brief); Peter Maharry (argue)Insufficient evidence of aggravated burglaryFailure to instruct on lesser-included offenseFailure to grant mistrialState v. [read post]