TOPEKA—A three-judge panel of the state Court of Appeals will convene in Salina Tuesday and Wednesday, November 15-16, to hear arguments in eight appeals.
The Court of Appeals sessions, which are to be conducted in room 107 of the City-County Building, will be broadcast live by Salina's Access Television and video streamed to the Internet.
The hearing panel includes Judges G. Joseph Pierron, Jr., presiding judge; and Judges Henry W. Green, Jr., and Michael B. Buser. In addition to the cases argued in Salina, the panel will decide the outcome of 13 other appeals that have been submitted for decision without oral argument.
Access Television will cover the proceedings beginning at 10:30 a.m. on Tuesday, November 15, and 9:00 a.m. Wednesday, November 16. The hearings will be presented live on Cox Cable channels 20 & 21. It will also be video streamed to the Internet at www.salinatv.org. The hearings are open to the public, and mark the second time in 2011 that an appellate court has convened in Salina. The Supreme Court presided over oral arguments in Salina last Spring, as well.
The 13-member Court sits throughout the state in panels of three, and last year resolved 1,700 appeals. Following are digests of the appeals to be argued in Salina:
Tuesday, November 15, 2011 10:30 A.M.
Appeal No. 98,870: State of Kansas v. Stuart I. Connell
Connell appeals his Dickinson County convictions of aggravated robbery and kidnapping. He challenges his waiver of jury trial, argues he was denied a fair trial by being handcuffed and shackled, and contends a witness' statements should have been suppressed. He also argues the district court erred in admitting certain evidence and there was insufficient evidence to convict him.
Appeal No. 105,051: State of Kansas v. Jose Sanchez, Jr.
Sanchez appeals his Geary County convictions of possession of cocaine with intent to sell and no drug tax stamp. He argues the State failed to present sufficient evidence to establish his guilt beyond a reasonable doubt of possession of cocaine with intent to sell. Sanchez also argues the district court committed reversible error when it denied his motion to suppress because the traffic stop of his vehicle was not justified by reasonable and articulable suspicion.
Tuesday, November 15, 2011 1:30 P.M.
Appeal No. 105,695: State of Kansas v. Allen R. Julian
This is an interlocutory appeal filed by the State of Kansas from a Rice County decision granting the defendant's motion to suppress any evidence seized by the Rice County Sheriff's Office during a warrantless search of Julian's vehicle subsequent to his arrest. The State argues the district court committed reversible error when it granted Julian's motion to suppress. Specifically, the State contends the search was a lawful search incident to arrest because it was reasonable for law enforcement to believe that evidence might be found inside Julian's vehicle.
Appeal No. 105,253: State of Kansas v. Micha Wayne Seamens
Seamens appeals from his Sherman County conviction of aggravated sexual battery. He appeals the conviction on the sole ground that the prosecution violated his constitutional right of due process by withholding evidence during the trial.
Wednesday, November 16, 2011 9:00 A.M.
Appeal No. 104,295: State of Kansas v. Steven Howard Weis
Weis appeals his Saline County jury trial convictions and sentences for two counts of reckless aggravated battery and one count of criminal use of a weapon. Weis raises five arguments on appeal: (1) the trial court erred in admitting evidence of prior bad acts; (2) the evidence was insufficient to convict him of two counts of aggravated battery and one count of criminal use of a weapon; (3) the trial court erred in instructing the jury on the use of force in defense of a person; (4) the trial court violated his Sixth and Fourteenth Amendment rights by requiring him to register as a violent offender; and (5) there was cumulative error.
Appeal No. 105,125: Kameron L. Spray v. Kansas Department of Revenue
Spray appeals the Barton County District Court's decision affirming the suspension of his driver's license. He argues the trooper lacked reasonable ground to request an evidentiary breath test and, thus, the portion of the Kansas Implied Consent Law applicable to minors is unconstitutional as applied to him.
Appeal No. 102,477: Scott M. Kennedy v. Kansas Department of Revenue
Kennedy appeals from a judgment of the Sheridan County District Court decision affirming the suspension of his driver's license. On appeal, Kennedy contends that the trial court erred by determining that the results of his preliminary breath test were valid even though the arresting officer failed to comply with the manufacturer's machine operating instructions. Moreover, Kennedy asserts that the arresting officer did not have reasonable grounds to believe he operated his vehicle while under the influence of alcohol. Finally, Kennedy maintains that the state statute regarding preliminary breath tests is unconstitutional.
Appeal No. 104,070: State of Kansas v. Cameron Nelson
Nelson appeals his Saline County convictions of second-degree unintentional murder and criminal possession of a firearm. He contends there was insufficient evidence to convict him of unintentional/reckless murder and the district court erred in admitting evidence of a prior shooting and photographs. He also argues there was prosecutorial misconduct and cumulative error.