TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral arguments October 18 and 19 at the Chase County Courthouse, 300 Pearl Street, Cottonwood Falls.
Judges Michael B. Buser, G. Gordon Atcheson, and Anthony J. Powell will hear oral argument in eight criminal cases at dockets that convene at 9 a.m. and 1:30 p.m. Tuesday, October 18. The three-judge panel will also decide 10 cases without argument based on the parties' written submissions on October 19.
After each docket session, the judges will be available to answer questions from the public about the court and court procedures.
Buser, the presiding judge for the panel, said that the Court of Appeals regularly hears cases throughout the state.
"We have hearings nearly every month in Wichita, Topeka and Kansas City," he said. "Occasionally, we visit other parts of the state so that our court is accessible to the people."
Buser added that in addition to making the court accessible to more Kansans, hearing cases around the state saves money for the parties.
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 Cottonwood Falls arose in Clay, Douglas, Geary, Lyon, Saline, and Shawnee counties. In addition to the Court of Appeals panel hearing cases this week in Cottonwood Falls, other three-judge panels of the Court of Appeals will be hearing cases in Wichita 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 fiscal year 2015, the Court of Appeals resolved appeals in 1,978 cases, including 1,340 in which the court issued a formal written opinion.
The eight cases to be heard in Cottonwood Falls are summarized as follows:
9 a.m.
Tuesday, October 18, 2016
Appeal No. 115,003: Martine Stephan v. Kimberly Martin
Following the death of her mother, Martine Stephan filed a petition in the Shawnee County District Court for an order directing her sister, Kimberly Martin, to prepare an accounting of her actions as Norma's attorney in fact. About 2 1/2 years later, the district court issued its final judgment in this case and determined that Stephan received a full and complete accounting. On appeal, Stephan contends the district court erred in ruling that Martin did not breach any of her fiduciary duties as her mother's attorney in fact.
Appeal No. 114,512: State of Kansas v. Steven E. Horton
Police officers executed a search warrant to arrest Horton at his Emporia apartment. When Horton opened the door he was immediately arrested. Officers then noticed the smell of marijuana coming from Horton's apartment, the sound of a toilet flushing and two individuals believed to be drug offenders coming from the area of the bathroom. The officers entered the apartment and discovered incriminating evidence. After he was charged with drug offenses, Horton made a motion to suppress all evidence obtained from the officers' search. The Lyon County District Court denied the motion. On appeal, Horton contends the officers made an illegal entry into his apartment because they lacked the necessary probable cause and there were no exigent circumstances.
Appeal No. 113,636: State of Kansas v. Christopher Brooks
In Lyon County in 2014, Brooks was convicted of distributing methamphetamine within 1,000 feet of school property, possessing methamphetamine with the intent to distribute within 1,000 feet of school property, and misdemeanor possession of drug paraphernalia. Brooks appeals his convictions arguing: (1) the court erred in refusing to instruct the jury on entrapment; (2) his convictions for distribution of methamphetamine and possession of methamphetamine with the intent to distribute violate double jeopardy; (3) the court improperly accepted a stipulation to one of the elements of the crimes without securing Brooks' jury trial waiver; and (4) the evidence was insufficient to support his conviction for possession of methamphetamine with the intent to distribute.
Appeal No. 115,405: State of Kansas v. Ronald Arowcavage
A Junction City police officer stopped Arowcavage for speeding. Arowcavage, a California resident, was driving a rental car back home after flying to Philadelphia, Pennsylvania. While checking Arowcavage's driver's license, the officer walked his K-9 partner around Arowcavage's rental car. The drug dog alerted to an odor of drugs. A search of the car revealed more than $250,000 in cash and trace evidence of marijuana. The district court found Arowcavage guilty of criminal transportation of drug proceeds. The issue on appeal is whether the State presented sufficient evidence for the district court to find Arowcavage guilty beyond a reasonable doubt.
1:30 p.m.
Tuesday, October 18, 2016
Appeal No. 114,250: Cameron Nelson v. State of Kansas
In Saline County in 2009, Nelson was convicted of reckless second-degree murder and criminal possession of a firearm. After his convictions were affirmed on appeal, Nelson filed a motion for habeas corpus relief alleging that his defense counsel provided ineffective assistance by failing to object to a jury instruction and failing to present the testimony of a co-defendant who was tried in a separate trial. The Saline County District Court denied Nelson's motion, and he appeals this ruling.
Appeal No. 115,791: State of Kansas v. Craig D. Easterberg
At about 1 am on October 25, 2015, a Clay County sheriff's deputy received a teletype from the Concordia Police Department asking him to be on the lookout for a white pickup truck that reportedly had been involved in a hit and run accident. About 2 hours later, Deputy Stellner stopped a white pickup truck some 10 miles from the accident scene. This car stop resulted in Easterberg being charged with Driving Under the Influence and Refusing a Breath Test. Easterberg moved to suppress evidence arising from the stop of his vehicle, arguing that the deputy had no reasonable suspicion to believe that Easterberg was involved in the accident or was driving under the influence of alcohol. The district court granted Easterberg's motion to suppress and excluded the evidence prior to trial. The State appeals from this ruling.
Appeal No. 115,234: Shanna Friday v. State of Kansas
Friday was convicted of reckless second-degree murder. After her convictions were affirmed by the Kansas Supreme Court, Friday filed a motion for habeas corpus relief alleging her trial lawyer was ineffective for multiple reasons including not hiring an expert witness to defend her and not adequately arguing a motion to suppress a videotape of her interview with the police. The district court summarily denied Friday's habeas corpus motion. Friday appeals the district court's ruling and argues she is entitled to an evidentiary hearing on her claims.
Appeal No. 114,424: State of Kansas v. Jose L. Rodriguez
Rodriguez was convicted of possession of methamphetamine with intent to distribute among other charges. Rodriguez was a passenger in Joni Beemer's vehicle when it was stopped by police for not using a turn signal. Rodriguez gave three bags containing methamphetamine to Beemer for her hide in her pants. After Beemer was arrested, she told the police about the drugs. Rodriguez raises two issues on appeal: (1) whether giving an aiding and abetting jury instruction was proper and (2) whether there was sufficient evidence to convict him of methamphetamine with intent to distribute.