TOPEKA—Kansas Court of Appeals judges will hear appeals by videoconference Thursday, July 16, and Tuesday, July 21. The oral arguments will be livestreamed on YouTube.
Judge Michael Buser is the presiding judge and is joined by Judges Stephen Hill and Sarah Warner for the July 16 and 21 dockets.
Ordinarily, Court of Appeals panels hear oral arguments in person. Through Administrative Order 2020-PR-076, the Kansas Supreme Court has ordered all hearings be conducted remotely if possible.
9 a.m. • Thursday, July 16
Appeal No. 119,981: State of Kansas v. Bradley M. Trefethen
Sedgwick County: Trefethen was convicted of reckless aggravated battery for causing great bodily harm to a child in his care. During trial, the State produced Trefethen's recorded admission that he grabbed the child above the ankles and pulled up to make the child laugh and stop crying. A physician testified that Trefethen's admission was consistent with causing the child to have two broken legs. The jury found Trefethen guilty of reckless aggravated battery. On appeal, Trefethen contends that insufficient evidence supports his reckless aggravated battery conviction. He also challenges several jury trial instructions. Finally, he argues his conviction must be reversed because the crime of reckless aggravated battery is a logical impossibility.
Appeal No. 121,564: Charles Sander v. Kansas Department of Revenue
Ellis County: During a 2018 traffic stop, a police officer arrested Sander for driving under the influence of alcohol. The Kansas Department of Revenue revoked his driver's license after he failed a breath-alcohol test upon his arrest. On appeal, Sander contends the arresting officer did not have probable cause to believe that Sander was intoxicated and unable to safely operate his vehicle. As a result, Sander seeks reinstatement of his driver's license.
1:30 p.m. • Thursday, July 16
Appeal No. 122,243: State of Kansas v. Shelby Dawn Johnson
Sumner County: This appeal involves the district court's pretrial rulings on the admissibility of certain evidence in a murder prosecution for the death of a seven-month-old child. The State charged the child's mother with the crime. Prior to trial, the defendant sought to exclude certain testimony from the trial. The district court granted the motion, ruling that the proposed testimony violated the Kansas rules of evidence. The State now brings this interlocutory appeal, arguing the district court abused its discretion in excluding the State's proposed evidence at trial.
10 a.m. • Tuesday, July 21
Appeal No. 120,611: L. Ruth Fawcett Trust et al. v. Oil Producers Inc. of Kansas
Seward County: This is a class action brought by the owners of royalty interests in oil and gas leases against the lessee-operator, Oil Producers Inc. of Kansas, for underpayment of royalties. There are three issues on appeal. First, whether the district court on remand misconstrued a prior Kansas Supreme Court decision and mandate in this case. Second, whether the district court erred by failing to award prejudgment interest for the wrongful deduction of conservation fees. Finally, whether the district court erred by ruling that Oil Producers was barred from asserting a statute of limitations defense.