TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear two appeals at Kansas City Community College, September 20, as part of its Constitution Day activities. Oral arguments in the cases will be conducted at 9:30 a.m. and 11:00 a.m.
Court of Appeals Judges David Bruns and Michael Buser will be joined by Senior Judge David Knudson to hear the cases. Judge Bruns, a graduate of the community college, is the presiding judge for the hearing.
He said both appeals involve issues about rights guaranteed by U.S. Constitution, making the cases especially appropriate to hear around Constitution Day, September 17. "These cases were chosen because we thought they would present interesting constitutional issues for the students," Judge Bruns said. "The constitutional rights we all share are tested daily in cases 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 of the cases under consideration and will issue a written decision at a later date, usually within 60 days.
After each hearing is completed, the judges will be available to talk with students. The panel also will be available for questions following arguments in the last appeal that morning.
These hearings are part of the Constitution Day observance at the community college. Congress has directed by law that federally funded educational institutions host educational events about the United States Constitution on or about September 17 each year. The Constitution was signed by a majority of the delegates to the Constitutional Convention on September 17, 1787.
Following are digests of the appeals.
No. 104,817: State v. David M. Butts, from Wyandotte County, 9:30 a.m.:
In State of Kansas v. David M. Butts, a traffic stop led to convictions for possession of cocaine and driving under the influence of alcohol. One question on appeal is whether the traffic stop was justified by reasonable suspicion of criminal activity. Butts argues a video recording from the police vehicle's dash camera shows he did not commit a traffic violation. The second question is whether the case should have been dismissed because it violated the speedy trial statute. Butts argues the delay of his trial was caused by the State, not by the motions he had filed with the district court.
No. 103,846: State v. Roselynn Delisa Bethea, from Leavenworth County, 11:00 a.m.:
State of Kansas v. Roselynn D. Bethea, arises out of Bethea's conviction for aggravated battery of a family member. Bethea was accused of severely beating the victim with several objects, including a wooden cane, a fan, and a skillet. The first question on appeal is whether Bethea's constitutional right to confront the State's witnesses was violated when the district court refused to allow Bethea to ask the victim at trial whether the victim had used drugs the day of the incident and whether the victim's neighborhood was known for drug activity. The second question is whether the prosecution committed misconduct by misstating the law on aggravated battery and by telling the jury that it believed Bethea had caused great bodily harm to the victim. The final question is whether the district court violated Bethea's rights when it considered her criminal history in calculating her sentence.