TOPEKA—A hearing panel of the Kansas Court of Appeals will meet in special sessions September 20th-21st on the Washburn University campus in observance of Constitution Day, a federally proclaimed day commemorating the adoption of the U.S. Constitution, September 17, 1787.
Christel Marquardt, Judge of the Court of Appeals and liaison with Washburn for the Constitution Day activities, said a hearing panel will hear appeals at both the law school and in the university's student union. Constitution Day commemoration activities at Washburn will begin at 9 a.m. Tuesday, September 20th, when Court of Appeals Judges Marquardt, Thomas Malone, and Stephen Hill, hear four appeals in the Robinson Courtroom at the law school. On Wednesday, September 21st, the hearing panel will listen to arguments in three additional appeals in the Kansas Room of Washburn's Memorial Union. Both of these days, the arguments are open to the public as well.
She said the appeals involve issues about rights guaranteed by the U.S. Constitution, making the cases especially appropriate to hear around Constitution Day. "These cases were chosen because we thought they would present interesting constitutional issues for the students," Judge Marquardt said. "The constitutional rights we all share are tested daily in cases like these."
Attorneys for each side will have an opportunity to present argument to the judges, and the judges will have a chance to ask questions. After the hearings, the court will take each of the cases under consideration and will issue a written decision at a later date, usually within 60 days.
In addition, several presentations by Robin Wright, an internationally acclaimed journalist, author, and foreign policy analyst, will be offered to students and the public. The afternoon of the 21st, Wright will make presentations to student groups at the International House on issues related to two books she has written dealing with turmoil in the Middle East. The books are entitled "The Iran Primer: Power, Politics, and U.S. Policy," published in 2010, and "Rock the Casbah: Rage and Rebellion Across the Islamic World," which was published just last month. The books are the result of her experience and news reporting from more than 140 countries on six continents for the Washington Post, the Los Angeles Times, the Sunday Times of London, CBS News, and the Christian Science Monitor, among others.
Wright will speak in the Washburn Room of the student union at 7 p.m. Wednesday, September 21st, on the subject of "The Democracy Movement in the Middle East." The presentation is open to the public and will be followed by a book signing.
Constitution Day activities will conclude Thursday, September 22nd, when Wright speaks to law students at a noon forum.
Following are digests of the appeals to be argued at Washburn:
TUESDAY, SEPTEMBER 20, 2011 – 9:00 a.m.
Robinson Courtroom, Washburn University School of Law
John R. Johnson v. Kansas Department of Revenue
John R. Johnson appeals the district court's decision affirming the suspension of his driving privileges by the Kansas Department of Revenue following his refusal to submit to alcohol tests. Johnson argues the district court erred in affirming the suspension because the arresting officer failed to satisfy the conditions of K.S.A. 2008 Supp. 8-1001(b) before requesting an alcohol test.
In the Interest of C.B.
Father appeals the district court's denial of his motion to withdraw the no contest plea he entered in a Child in Need of Care (CINC) proceeding. He argues that the district court, in summarily dismissing his motion, failed to adequately consider his contentions that (1) he was coerced by counsel into entering a no contest plea and (2) there was additional evidence discovered after the CINC adjudication was entered which would necessitate setting aside the adjudication.
Ben Frick, Lavelle Frick, et al. v. City of Salina, Kansas
In an eminent domain proceeding, the City of Salina purchased real property owned by Ben and Lavelle Frick. In two separate administrative appeals, the Fricks challenged the City's refusal to pay certain moving expenses, professional service expenses, storage expenses, and reestablishment expenses, and refusal to reimburse them for missing and destroyed items. The Fricks appealed the decisions of the administrative hearing officer to the district court, which affirmed the administrative agency. In this appeal, the Fricks challenge the district court's findings of fact and conclusions of law regarding numerous issues.
State v. Robert L. Smith
The Geary County District Court convicted Robert L. Smith of possession of cocaine with intent to sell under K.S.A. 65-4161(a) and possession of contraband without a drug tax stamp under K.S.A. 79-5204(a) and 79-5208. Smith appealed the district court's denial of his motion to suppress cocaine that was found after officers searched his shoes without consent or a warrant.
WEDNESDAY, SEPTEMBER 21, 2011 – 9:00 a.m.
Kansas Room, Washburn University Student Union
State v. Jacob Waldrup
A jury convicted Jacob Waldrup of two counts of sale of cocaine in violation of K.S.A. 65-4161(a). Waldrup now challenges the sufficiency of the evidence, the jury instructions, and the district court's limiting the scope of his cross-examination of a State's witness. Waldrup further contends that the State violated his constitutional and statutory rights to a speedy trial and that cumulative error denied him of a fair trial.
Kristin L. Wagner v. State of Kansas and Joan Wagnon, in her official capacity as Secretary of the Kansas Department of Revenue
Kristin L. Wagner filed a declaratory judgment action against the State and the Secretary of the Kansas Department of Revenue (Defendants) regarding the Director of Property Valuation's appraisal directive No. 98-033, which determined that county appraisers may consider a listing price of a property that is for sale as one factor in determining the property's value for Kansas property tax purposes. Wagner argued (1) that appraisal directive No. 98-033 incorrectly determined that listing price could be considered when determining fair market value and (2) that appraisal directive No. 98-033 infringed on her First Amendment right to freedom of speech by creating a chilling effect on her right to list her property for sale at a price of her choosing. Both parties filed motions for judgment on the pleadings. The district court granted the Defendants' motion, finding the appraisal directive properly interpreted the Kansas statutes on determining fair market value and did not infringe on Wagner's right to freedom of speech. Wagner appeals.
State v. Justin W. Neighbors
The State of Kansas appeals the district court's decision to grant Justin Neighbors' motion to suppress evidence obtained during the warrantless entry and search of an apartment where Neighbors was staying. At the property owner's request, responding officers entered the apartment to check on the wellbeing of the tenant. Narcotics officers, who arrived minutes later, obtained Neighbors' consent to search his clothing and discovered a bag of methamphetamines. Consequently, the State charged Neighbors with possession of methamphetamine with intent to distribute within 1,000 feet of a school, failure to affix a drug tax stamp, and possession of drug paraphernalia. Before trial, the district court granted Neighbors' motion to suppress all physical evidence obtained from the search or found at the apartment, determining that responding officers legally entered the apartment based on the emergency exception but the narcotics officers unreasonably extended the length and scope of the search by asking to search his clothing after they determined Neighbors had permission to stay in the apartment.