TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear four cases September 20 at the Kansas State University Student Union as part of the court's observance of Constitution Day.
The court will hear cases at 9:30 a.m., 10:15 a.m., 11 a.m. and 2 p.m. in Forum Hall.
Judges Henry W. Green Jr., Patrick D. McAnany and Melissa Taylor Standridge, will hear the cases. Green has been designated the presiding judge for the hearings.
"We chose these cases for this docket at K-State because they present everyday constitutional questions our courts must decide," Green said. "The constitutional rights we all share are tested daily in America's courts in cases just like these."
Attorneys for each side will have an opportunity to present arguments to the judges, and the judges will have a chance to ask questions. After the hearings, the court will take each case under consideration and will issue a written decision at a later date, usually within 60 days.
When the oral arguments are complete, the judges will be available to talk with students.
These hearings are part of Constitution Day observance activities at Kansas State University. Congress directed federally funded educational institutions to host educational events about the United States Constitution on or about September 17 each year. The Constitution was signed September 17, 1787, by a majority of delegates to the Constitutional Convention.
Following are summaries of the cases to be heard by the Court of Appeals panel:
9:30 a.m.
Appeal No. 115,110: State of Kansas v. Brian A. Murrin
Clay County: Murrin was convicted of possession of marijuana, possession of drug paraphernalia, criminal trespass, and interference with law enforcement. The Clay County District Court sentenced Murrin to a controlling 12-month term of probation with an underlying prison sentence of 30 months. Issues on appeal are whether the district court erred by: 1) not instructing the jury on voluntary intoxication as a defense to the crimes of criminal trespass and interference with law enforcement; and 2) failing to give a unanimity instruction on the interference with law enforcement charge. Also, whether there was sufficient evidence to support Murrin's convictions.
10:15 a.m.
Appeal No. 115,413: Mark S. Sellens v. Farmers Insurance Co., Inc.
Shawnee County: Sellens was severely injured in a car accident. The driver of the other vehicle was covered under two insurance policies. Both insurers tendered policy limits to Sellens. Because Sellens' damages exceeded the amount to be paid, Sellens made a claim on his policy with Farmers Insurance for underinsured motorist benefits. Farmers denied the claim. Sellens filed suit against the other driver and his employer. Farmers was notified of the suit but failed to intervene. After a bench trial, the district court entered a judicial determination of damages, including several findings of fact and conclusions of law. After Farmers still refused to pay, Sellens sued Farmers. Both parties filed motions for summary judgment and the district court ruled in favor of the insurance company. Issues on appeal include whether: 1) the district court correctly determined the identity of the driver of the car that hit Sellens; 2) Farmers' policy complied with K.S.A. 40-284(b)'s minimum coverage requirements; and 3) the payment to Sellens by another insurance company precluded Sellens' from collecting under his Farmers Insurance underinsured motorist coverage. Also, whether Sellens is entitled to underinsured motorist benefits of $150,000 under K.S.A. 40-284(b) and attorney fees under K.S.A. 40-908.
11 a.m.
Appeal No. 114,012: The Estate of Lillian L. Leppke v. Marilyn K. Heier
Marion County: Lillian L. Leppke and Elmer H. Leppke, jointly owned 240 acres of land. Lillian and Elmer's daughter, Marilyn K. Heier, took them to a land title business where Lillian and Elmer signed a deed that made Lillian, Elmer, their two sons, and Marilyn co-owners of the land as joint tenants with rights of survivorship. Lillian and Elmer never physically entered the building that housed the land title business and signed the deed in their car after looking at it for no more than two minutes. Elmer died. Lillian decided to sell the land but learned she could not since it was in joint tenancy. Lillian decided to sue Marilyn, alleging that she and Elmer signed the deed because of Marilyn's undue influence. Marilyn denied that accusation. A bench trial was held in Marion County District Court and the court voided the deed, ruling that Marilyn obtained her parent's signatures on the deed through undue influence. Issues on appeal are whether the: 1) trial court denied Marilyn the opportunity to present evidence rebutting Lillian's allegation of undue influence; and 2) trial court's ruling is supported by sufficient evidence.
2 p.m.
Appeal No. 114,787: State of Kansas v. Debra Lea Davenport
Shawnee County: Emergency personnel, including firefighters and a sheriff's deputy, responded to a 911 call. Davenport needed medical help but she was unable to give the emergency responders essential information. One of the firefighters searched her purse for identification and medications, and discovered another bag in which he found a crack pipe, a syringe, and a baggie of crystal-like substance later identified as methamphetamine. The deputy was standing behind the firefighter as he performed the search. Davenport was charged with one count of possession of methamphetamine and one count of unlawful use of drug paraphernalia. Davenport filed a motion to suppress the evidence found in her purse because she argued that the warrantless search violated her constitutional rights. The Shawnee County District Court granted Davenport's motion to suppress, holding that the firefighters were engaged in investigatory-type activities and were therefore constitutionally constrained government actors. The state appealed. The issue on appeal is whether the district court erred in suppressing the evidence obtained from Davenport's purse.