Photograph: Washburn Law Clinic.

Criminal Appellate Advocacy Clinic

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

Following are cases that have been worked by students enrolled in Criminal Appellate Advocacy. Cases in bold were handled by students in Criminal Appeal Advocacy: Advanced Topics (LW 903D).

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Kansas Supreme Court

  • State v. Johnson, ___ Kan. ___, ___ P.3d ___ (March 2, 2012) (94 KB PDF)
    Possession conviction reversed due to Fourth Amendment violation.
    Sean G. Whittmore, student intern.
  • State v. Coleman, ___ Kan. ___, ___ P.3d ___ (August 12, 2011) (52 KB PDF)
    Possession conviction reversed due to Fourth Amendment violationl.
    Sean G. Whittmore, student intern.
  • 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. Hunt, No. 104,529 (Kan. App. Oct. 21, 2011) (unpublished) (297 KB PDF)
    Firearm conviction reversed due to failure to prove element of crime (Learn more...).
    Dustin L. Kirk, student intern.
  • State v. List, No. 102,851 (Kan. App. Dec. 23, 2010) (unpublished) (405 KB PDF)
    Drug conviction reversed due to Fourth Amendment violation (Learn more...).
    Joshua S. Mikkelsen, student intern.
  • State v. Liskey, No. 103,145 (Kan. App. Nov. 19, 2010) (unpublished) (536 KB PDF)
    Downward departure sentence upheld on state appeal (Learn more...).
    Jeffrey Dazey, student intern.
  • State v. Rodriguez, No. 102,449 (Kan. App. Aug. 20, 2010) (unpublished) (240 KB PDF)
    Forgery conviction reversed due to failure to prove intent to defraud (Learn more...).
    Joshua S. Mikkelsen, student intern.
  • State v. Shaffer, No. 101,668 (Kan. App. June 11, 2010) (unpublished) (398 KB PDF)
    Possession conviction reversed due to Fourth Amendment violation (Learn more...).
    Katie Whitsitt, student intern.
  • State v. Raiburn, No. 95,908 (Kan. App. April 22, 2010) (unpublished) (226 KB PDF)
    Possession conviction reversed due to improper waiver of 12-person jury (Learn more...).
    Cory Scarpella, student intern
  • State v. Roose, 41 Kan. App. 2d 435, 203 P.3d 18 (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) (586 KB PDF)
    State appeal of dismissal on statutory speedy trial violation rejected.
    Julia Mowers, student intern.
  • State v. Branstetter, 40 Kan. App. 2d 1167, 199 P.3d 1272 (Jan. 23, 2009)
    Possession of controlled substance conviction reversed based on Fourth Amendment violation.
    Star Jones, student intern.
  • State v. Johnson, 40 Kan. App. 2d 1059, 198 P.3d 769 (Dec. 31, 2008)
    DUI conviction reversed for improper verdict procedure.
    David Becker, student intern.
  • State v. Hernandez, 40 Kan. App. 2d 525, 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) (535 KB PDF)
    Possession of controlled substance conviction reversed based on Fourth Amendment violation.
    Laurie Blanton, student intern.
  • State v. Anderson, 40 Kan. App. 2d 403, 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. Gross, 39 Kan. App. 2d 788, 184 P.3d 978 (June 6, 2008)
    Possession of controlled substance conviction reversed based on Fourth Amendment violation.
    Andrew Parmenter, student intern.
  • State v. Fitzpatrick, No. 96,702 (Kan. App. Jan. 25, 2008) (unpublished) (675 KB PDF)
    Possession of marijuana conviction reversed based on Fourth Amendment violation.
    Hansel Cordeiro, 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.
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Faculty Member
Photograph: Randall Hodgkinson.
Visiting Assistant Professor of Law Randall L. Hodgkinson