TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, October 17, at the Leavenworth Justice Center.
Judges Lesley Isherwood, Henry Green, and Rachel Pickering will hear oral arguments in three cases at 9 a.m. The session is open to the public.
Students from several area high schools will attend the session. After oral arguments conclude, the judges will discuss the court system and explain how a case progresses from filing to trial to appeal. They will also answer questions from students and other members of the public about the court and court procedures.
"The Court of Appeals is honored to have the opportunity to hear cases in and visit the Leavenworth community," said Isherwood, the presiding judge for the panel. "Judge Henry Green, the longest serving judge on our court, is a Leavenworth native and current resident and will be a member of the panel during our visit. It is exceptionally meaningful that he will have the privilege to preside over cases in his hometown."
Oral arguments
Attorneys for each side will have an opportunity to present arguments 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 60 days.
There are 14 judges on the Court of Appeals, and they sit in panels of three to decide cases. In fiscal year 2022, the Court of Appeals resolved appeals in 1,060 cases, including 781 in which the court issued a formal written decision.
The three cases to be heard October 17 in Leavenworth are summarized below. They originate from Douglas, Wyandotte, and Leavenworth counties.
9 a.m. Tuesday, October 17
Appeal No. 126,053: James Gregg v. Kansas University Medical Center
Wyandotte County (Civil Appeal): Gregg worked in the public safety department of Kansas University Medical Center (KUMC) as a University Police Corporal. In July 2013, KUMC terminated Gregg’s employment after several unsatisfactory performance reviews and errors in judgment. In August 2021, the hearing board upheld Gregg’s termination, reasoning Gregg violated department policy and his actions warranted termination. Gregg petitioned for judicial review. After oral argument, the district court denied Gregg’s petition for judicial review. On appeal, Gregg argues KUMC did not apply the appropriate standard and procedure when terminating his employment for proper cause and that KUMC’s decision was unreasonable, arbitrary, or capricious.
Appeal No. 125,715: State of Kansas v. Kalim Akeba-Lloyd Dowdell
Douglas County (Criminal Appeal): The State charged Dowdell with violation of a protection order and stalking. The district court dismissed the charges, finding Dowdell was not properly served or on notice of the civil protection from stalking proceedings. The State appeals, arguing Dowdell never disputed he had been served with the temporary protection order, the return of service was an adequate proof of service, and service of the temporary protection order constituted substantial compliance with the statutory requirements for a summons.
Appeal No. 125,656: In the Matter of the Marriage of L.S. and D.J.
Leavenworth County (Civil Appeal): D.J. appeals a portion of the child support order in his divorce action from L.S. Initially, the parties had a settlement agreement on property division and child support, but the district court found the settlement agreement to be inequitable and set it aside. Two years later, the district court issued a child support order with payments to begin in January 2022. Afterward, L.S. filed a motion to alter or amend the judgment arguing the child support order should be modified to include temporary child support. The district court granted L.S.’s motion and ordered D.J. to pay child support from March 2020 to December 2021. On appeal, D.J. argues the district court abused its discretion by granting a motion for temporary child support after it had already issued the final child support order.