TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, July 14, and Wednesday, July 15, at the Mitchell County Courthouse, 115 S. Hersey, Beloit.
The hearings will take place at 9:30 a.m. and 1:30 p.m. Tuesday, July 14, and at 9:30 a.m. Wednesday, July 15.
Judges G. Gordon Atcheson, Michael B. Buser, and Kathryn A. Gardner will hear oral argument in 11 criminal and civil cases over the two days hearings are scheduled. The panel will also decide 10 cases without argument based on the parties' written submissions.
Atcheson, the presiding judge for the panel, said that the Court of Appeals regularly hears cases throughout the state.
"Almost every month, panels of Court of Appeals judges hear cases in Wichita, Topeka, and Kansas City," he said. "We appreciate the opportunity to visit other places, like Beloit, where we can make our court and this part of the judicial process accessible to the more Kansans."
Atcheson said that hearing cases around the state also saves money for the parties.
"It's typically more cost-efficient having a three-judge panel visit a location where many regional cases can be heard than having all the attorneys travel to Topeka for court arguments, " Atcheson said.
Oral Arguments
Attorneys for each side will have an opportunity to present argument to the judges, and the judges will have a chance to ask questions. The court will then take each case under consideration and will issue a written decision at a later date, usually within about 60 days.
The appeals to be heard in Beloit arose in Cloud, Dickinson, Geary, Osborne, Ottawa, and Riley counties. In addition to the Court of Appeals panel hearing cases this week in Beloit, other three-judge panels of the Court of Appeals will be hearing cases in Wichita, Topeka, and Kansas City. All hearings are open to the public.
There are 14 judges on the Court of Appeals, and the judges sit in three-judge panels to decide cases. In 2014, the Court of Appeals resolved appeals in 1,861 cases, including 1,295 in which the court issued a formal written opinion.
The 11 cases to be heard in Beloit are summarized as follows:
9:30 a.m. Tuesday July 14, 2015
No. 111,962: Kenneth E. Wilson v. State of Kansas, appeal from Osborne County
Kenneth E. Wilson challenges his 2009 conviction for first-degree murder and other crimes in a habeas corpus action on the grounds his trial lawyer provided constitutionally inadequate representation for failing to seek the pretrial exclusion of some evidence against him.
No. 111,440: State of Kansas v. Lee Roy Cada, appeal from Cloud County
Lee Roy Cada is appealing his conviction for aggravated criminal sodomy, claiming multiple trial errors including improper limits on his lawyer's questioning of a witness, improper closing argument by the prosecutor, and defective jury instructions.
No. 111,899: Robert Feight v. Moly Manufacturing, Inc., appeal from Cloud County
Robert Feight is appealing a jury verdict in a personal injury action in which he alleged Moly Manufacturing sold a defective hydraulic cattle chute. Feight suffered facial injuries while using the chute. He contends the jury instructions were improper and the jury verdict for Moly Manufacturing was contrary to the evidence.
No. 111,913: State of Kansas v. James H. Young Sr., appeal from Cloud County
James H. Young, Sr., appeals jury verdicts finding him guilty of several drug offenses. He contends the district court's instructions to the jury were defective and the court improperly permitted a Mitchell County resident to serve as a juror in a Cloud County case, among other errors.
1:30 p.m. Tuesday July 14, 2015
No. 112,805: State of Kansas v. Frank Crudo, appeal from Geary County
The state appeals a ruling of the district court suppressing evidence against Frank Crudo in a prosecution for possession of marijuana with the intent to distribute and related drug offenses. The district court found law enforcement officers unconstitutionally stopped Crudo's truck and camper because the license tag was not sufficiently lighted and then impermissibly searched the vehicles. The state contends the stop and the search were proper.
No. 112,184: State of Kansas v. Aliyah Stephens, appeal from Riley County
Aliyah Stephens waived her right to a jury trial and was tried by the district court on agreed facts for possession of marijuana and convicted. On appeal, Stephens argues her conviction should be set aside because the district court did not sufficiently advise her about her jury trial right and because making a second offense for possession of marijuana a felony amounts to cruel and unusual punishment violating the Kansas Constitution and the United States Constitution.
No. 112,897: State of Kansas v. Tony Toliver, appeal from Riley County
Tony Toliver appeals his conviction for possession of marijuana on the grounds that law enforcement officers and his parole officer entered and searched his home without a warrant or reasonable suspicion. The state contends Toliver consented to such searches in his parole agreement. The district court ruled in favor of the state.
No. 112,520: David and Annjaneen Jones v. Corey Jones and Casey Jones, appeal from Dickinson County
Brothers Corey Jones and Casey Jones appeal from the district court's ruling granting their cousin David Jones and his wife ownership of about 43 acres of pasture land by adverse possession. An uncle of the Joneses left the land to Corey and Casey on his death. But David and his wife had used the land to graze their cattle for more than 15 years and then asserted their claim for adverse possession.
9:30 a.m. Wednesday July 15, 2015
No. 113,130: State of Kansas v. Dominic Parry, appeal from Clay County
The state appeals the ruling of the district court suppressing marijuana seized from Dominic Parry's apartment. The district court found the search to be unconstitutional because the police entered the apartment without a search warrant or valid consent. The state contends the doctrines of inevitable discovery and exigent circumstances permitted the search and, in turn, the use of the evidence in Parry's prosecution for possession of marijuana.
No. 113,192: Marriage of Carlson, appeal from Ottawa County
In this divorce action, Michael S. Carlson appeals the district court's rulings on child custody arrangements and child support payments.
No. 112,071: State of Kansas v. Barnes, appeal from Clay County
The state appeals the order of the district court finding insufficient evidence to bind Jeffrey Barnes over on a felony charge of aggravated intimidation of a witness. The State contends it established probable cause to try Barnes. Barnes allegedly made a threatening gesture to an informant for the Alcohol Beverage Control Division who had purchased cigarettes at a club despite being underage.