TOPEKA—District Judge Cheryl Rios of the 3rd Judicial District has been appointed to sit with the Kansas Supreme Court to hear oral arguments in two cases on the court's December 18 docket. After hearing oral arguments, Rios will join Supreme Court justices in their deliberations and decision drafting.
“I am pleased that District Judge Rios is taking time from her duties in the 3rd Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to her contributions in deliberating and eventually deciding this case.”
Rios became a judge in the 3rd Judicial District Court in 2008. Before her appointment, she served as an associate judge for the Topeka Municipal Court. After practicing critical care nursing for six years in Topeka, Rios graduated from Washburn University School of Law in 1993. She was a staff attorney for Cherokee Nation of Oklahoma, an adjunct professor at Washburn University, and Shawnee County assistant district attorney.
“I am honored to serve on the Supreme Court of Kansas. I look forward to the opportunity to assist the court with this important work on behalf of the state of Kansas,” Rios said.
All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! link in the right-hand column of the Kansas Judicial Branch website at www.kscourts.org.
The cases Rios will hear December 18:
Appeal No. 116,629: State of Kansas v. Charity Downing
Reno County: (Petition for Review) Downing appealed her conviction for burglary of a dwelling, arguing the building she broke into did not meet the definition of a dwelling. Evidence showed no one had lived in the house for several years, the owner did not intend to live in it or rent it out, and the owner used the house for storage. The Court of Appeals reversed Downing's conviction and held, because the house was not used or intended to be used as a human habitation, home, or residence, there was insufficient evidence to sustain Downing's conviction for burglary of a dwelling. The State petitioned for review. Issues on review are whether the Court of Appeals erred: 1) in ruling there was insufficient evidence presented to the jury to convict Downing of burglary of a dwelling; and 2) in reversing Downing's conviction without remanding for resentencing on the lesser-included charge of burglary of a structure.
Appeal No. 115,985: State of Kansas v. Hailey Ann Larkin
Jackson County: (Petition for Review) Larkin was convicted of driving under the influence of alcohol. On appeal she argued the district court erred by sua sponte raising the good-faith exception to deny her motion to suppress the blood test result based on State v. Neve, 303 Kan. 888; denying her motion for directed verdict alleging the State did not prove what her blood-alcohol concentration was at the time of driving; and making multiple comments that denied her a fair trial. She also argued the State failed to provide prior driving history at sentencing. The Court of Appeals rejected all the arguments and affirmed Larkin's conviction. Although Larkin filed a petition for review on all four issues, counsel only briefed two issues. Issues on review are whether: 1) the district court erred in denying Larkin's motion to suppress; 2) the district court erred in denying Larkin's motion for directed verdict; 3) judicial bias denied Larkin a fair trial; and 4) the district court imposed an illegal sentence when the State failed to provide prior driving history at sentencing.