TOPEKA—A three-judge panel of the state Court of Appeals will convene in Kingman Tuesday, October 18, to hear arguments in eight appeals.
The hearing panel includes Judges Michael B. Buser, Christel E. Marquardt, and Steve Leben. In addition to the cases argued in Kingman, the panel also will decide the outcome of 17 other appeals that have been submitted for decision without oral argument.
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 Kingman:
9:00 A.M. Tuesday, October 18, 2011:
State of Kansas v. Douglas A. Martin—Douglas A. Martin was convicted of perjury. Martin contends his testimony in court was not material to the issue at hand, a requirement for perjury, and that even if it was material, he did not intentionally and knowingly misstate the facts. Martin also contends the trial court violated his constitutional rights by announcing the verdict of guilt for perjury through the mail instead of in open court.
State of Kansas v. Anthony R. Robles—Anthony Robles was convicted of an aggravated weapons violation and assault of a law enforcement officer. Robles claims the district court erred by refusing to allow him to withdraw his waiver of jury trial. In addition, Robles claims the district court should have suppressed certain statements he made to police.
State of Kansas v. Marques Davis—Marques Davis contends the district court committed several trial errors which resulted in his conviction for burglary and possession of cocaine with intent to sell within 1,000 feet of school property.
State of Kansas v. Robert Abner—Robert Abner argues that the district court committed numerous trial errors which resulted in his conviction for aggravated kidnapping, aggravated robbery, two counts of aggravated criminal sodomy, and six counts of rape.
1:30 P.M. Tuesday, October 18, 2011:
State of Kansas v. Paul Stotts—Paul Stotts claims the district court committed numerous trial errors which resulted in his conviction for attempted second-degree murder, intentional aggravated battery, reckless aggravated battery, five counts of fleeing and eluding a police officer, and several drug-related crimes. Stotts also claims sentencing errors.
Emilio Carrasco v. Allstate Insurance Company—Emilio Carrasco was shot in a parking lot as he stood on the running board of a friend's pickup truck. Allstate Insurance Co., Carrasco's insurer, paid personal injury protection benefits for Carrasco's injuries. Carrasco also claimed uninsured motorist benefits under the theory that the shooter, who was on foot, was an uninsured motorist. The district court granted summary judgment to Allstate, and Carrasco appeals.
State of Kansas v. Brian E. Springer—Brian E. Springer pled guilty to vehicular homicide and driving on a suspended license. Springer contends the district court illegally increased his underlying sentence when it clarified and restated his sentence at a later hearing.
Walter David Camp v. Bourbon County and Kansas Workers Risk Coop for Counties—Walter David Camp sustained an on the job injury. He received worker's compensation and continued working in an accommodated position. After Bourbon County terminated his employment, Camp sought and received an increase in his original award. Camp also sought and received worker's compensation for repetitive injuries he sustained after his original injury. Bourbon County appeals the Worker's Compensation Appeals Board's determination that Camp suffered additional compensable injuries. Camp cross-appeals alleging that the Board erred by limiting compensation for his original injury.