Criminal Appellate Advocacy Clinic
Faculty Member
Prerequisites
Students must have successfully completed Criminal Law, Criminal Procedure, Evidence, and Professional Responsibility before taking this class.
Rule 719 admission is not a prerequisite. However, if a student is admitted to practice under the student intern rule (Rule 719), he or she can also sign the briefs.
Enrollment in the class is limited to five students and is by instructor consent.
Students in the Criminal Appellate Advocacy Clinic work on actual felony criminal appeals assigned to the Kansas Appellate Defender Office.
The Clinic is a cooperative agreement between Washburn University School of Law and the Kansas Appellate Defender Office (the appellate public defender office for Kansas).
Each student works, under the supervision of the ADO attorney, on two actual felony criminal appeals assigned to that office. Students focus primarily on going through the records on appeal and preparing their clients' briefs that will, under supervision, be filed in the Kansas Court of Appeals. There is also a lecture component to this class.
In the past students have worked on various types of cases:
- drug offenses
- aggravated battery
- aggravated burglary
- forgery
- robbery
- most types of felony cases that are assigned to the ADO
In several Criminal Appellate Advocacy cases, students have obtained relief for their clients ranging from reduced sentences to new trials to outright reversal of convictions.
This class is ideal for law students who are interested in criminal law (either prosecution or defense) and/or litigation and advocacy in general (trial or appellate). Because this course deals with real clients and real cases, it is very deadline intensive.
Case Highlights
Kansas Supreme Court
- State v. McKissack, 283 Kan. 721, 156 P.3d 1249 (April 27, 2007)
Burglary and criminal deprivation of property convictions reversed and remanded for new trial based on improper lesser-included offense instructions.
Sarah Shipman, student intern.
Kansas Court of Appeals
- State v. Roose, ___ Kan. App. 2d ___, ___ P.3d ___ (March 13, 2009)
Criminal possession of firearm conviction reversed due to failure to prove nature of predicate offense.
Stacey Schlimmer, student intern - State v. Douglas, No. 99,651 (Kan. App. March 6, 2009) (unpublished)
State appeal of dismissal on statutory speedy trial violation rejected.
Julia Mowers, student intern - State v. Johnson, ___ Kan. App. 2d ___, ___ P.3d ___ (Dec. 31, 2008)
DUI conviction reversed for improper verdict procedure.
David Becker, student intern. - State v. Kirk, ___ Kan. App. 2d ___, 196 P.3d 407 (Nov. 21, 2008)
Enhanced sentence for sale of controlled substance reversed.
David Becker, student intern - State v. Hernandez, ___ Kan. App. 2d ___, 193 P.3d 915 (Oct. 10, 2008)
State appeal from dismissal of aggravated child endangerment charge rejected; no evidence of recklessness.
Krystle Dalke, student intern. - State v. Shafer, No. 98,016 (Kan. App. Sept. 26, 2008) (unpublished)
Possession of controlled substance conviction reversed based on Fourth Amendment violation.
Laurie Blanton, student intern. - State v. Anderson, ___ Kan. App. 2d ___, 192 P.3d 673 (Sept. 26, 2008)
Criminal threat and possession of controlled substance conviction reveresed and remanded for new trial due to improper shackling before the jury.
Patrick Turner, student intern. - State v. Wilson, No. 98,154 (Kan. App. Aug. 1, 2008) (unpublished)
Felony theft conviction reversed due to failure to give lesser included offense instruction.
Julia Mowers, student intern. - State v. Gross, ___ Kan. App. 2d ___, 184 P.3d 978 (June 6, 2008)
Possession of controlled substance conviction reversed based on Fourth Amendment violation.
Andrew Parmenter, student intern. - State v. Neria, No. 97,050 (Kan. App. March 7, 2008) (unpublished)
Possession of controlled substance conviction reversed and remanded due to improper jury trial waiver.
Staci Lane, student intern. - State v. West, No. 97,544 (Kan. App. Feb. 20, 2008) (unpublished)
Possession of controlled substance conviction reversed due to insufficient evidence.
Christopher Ault-Duell, student intern. - State v. Spangler, 38 Kan. App. 2d 817, 173 P.3d 656 (December 21, 2007)
Manufacture sentence reversed under identical offense doctrine.
Melissa Schoen, student intern. - State v. Limon, No. 96,013 (Kan. App. April 6, 2007) (unpublished)
Enhanced postrelease period reversed due to failure to prove aggravating fact to jury beyond a reasonable doubt.
Jessica Bryson, student intern. - State v. Ross, 37 Kan. App. 2d 126, 149 P.3d 876 (January 19, 2007)
Possession of controlled substance conviction reversed based on Fourth Amendment violation.
William Drexler, student intern. - State v. Bennett, 36 Kan. App. 2d 381, 138 P.3d 1284 (August 4, 2006)
Probation violation reversed because of state's failure to conduct reasonable investigation to locate probationer.
Brandi L. Struder, student intern. - State v. Babcock, No. 94,429 (Kan. App. August 12, 2005) (unpublished)
Restitution for medical expenses reversed.
Eric Lau, student intern.
