TOPEKA—A three-judge panel from the Kansas Court of Appeals will hear oral argument Tuesday, April 8, at Emporia State University in Emporia. The public is invited to attend.
The panel will hear two cases starting at 9:30 a.m. in the Web Room in Memorial Union.
Judge Amy Cline will serve as presiding judge for the docket. She will be joined by Judges Karen Arnold-Burger and Kathryn Gardner to hear two cases. Afterward, the judges will be available to answer questions from students, faculty, and the public about the judicial branch, court procedures, the role of judges, the legal profession, and other related matters.
“This is a great opportunity for residents and students to learn more about the judicial process,” Cline said. “Watching oral arguments firsthand brings a case to life and shows the public how we strive to ensure everyone’s constitutional rights are upheld.”
The Emporia State University oral arguments are part of an effort by the Court of Appeals to engage with college and university students and the public throughout Kansas. At the same time the panel will hear oral arguments at Emporia State University, other three-judge panels will hear cases at Fort Hays State University, Johnson County Community College, and Pittsburg State University.
"This is the first time in our history the Court of Appeals has visited four colleges or universities during the same docket," said Sarah Warner, chief judge of the Kansas Court of Appeals. "The Court of Appeals is a traveling court, so we hear cases at courthouses throughout the state. The April docket gives us an opportunity to show students how the courts operate and answer their questions about legal education and the judicial process. This makes the court and the appellate process accessible to more Kansans."
Warner explained that the April arguments also allow Court of Appeals judges to spend time with district court judges and their staff.
"We appreciate the work that goes into hosting the Court of Appeals and want to highlight contributions from Chief Judge Jeffry Larson in the 5th Judicial District, as well as Chief Judges Curtis Brown (23rd Judicial District in Hays), Charles Droege (10th Judicial District in Olathe), and Lori Bolton Fleming (11th Judicial District in Pittsburg), and our partners at each school,” Warner said.
Oral argument
Attorneys for each side will have an opportunity to present arguments, and the judges will have a chance to ask questions. The panel will then take each case under consideration and will issue a written decision usually within 60 days of oral argument.
There are 14 judges on the Court of Appeals. Usually, they sit in panels of three to hear arguments and decide cases.
Accommodation
Any person with a disability who requires accommodation to access the docket should notify the judicial branch ADA coordinator as early as possible, preferably 10 working days before the event.
ADA Coordinator
ADA@kscourts.gov
785-296-2256
TTY at 711
9:30 a.m. Tuesday, April 8
Emporia State University
Memorial Union, Web Room
1331 Market Street
Emporia
Appeal No. 127,343: Richard A. Gould v. Patricia D. Crawley, M.D., Michael F. Lloyd, D.O., and Newman Memorial County Hospital d/b/a Newman Regional Health
Lyon: (Civil Appeal) This appeal started as a medical negligence case after Gould inadvertently received much more radiation than intended during a heart procedure. During settlement negotiations, Gould claimed Lloyd and the hospital did not fully comply with discovery requests. He asked the district court to award him the fees his attorney charged plus other costs associated with the litigation as a punishment. The district court agreed in theory, but did not award a definite amount, finding it could be decided later. Eventually, the parties settled. After the settlement, the district court refused to award any discovery sanctions, finding that Gould should have considered those amounts when settling the case. Gould appeals, arguing the settlement only covered his personal injury claims.
Appeal No. 126,734: State of Kansas v. Jesse Lydell Hicks
Shawnee: (Criminal Appeal) A law enforcement officer saw a Jeep driving with invalid registration information and initiated a traffic stop. The driver took longer to stop than expected, so the officer ordered the driver, Hicks, out of the Jeep. After Hicks admitted to drinking a few beers, the officer did field sobriety testing and administered a preliminary breath test, which Hicks failed. The officer saw a child in the back seat who was not in a car seat or wearing a seat belt. Hicks was charged with several offenses, including driving under the influence and endangering a child. He sought to have all evidence from the traffic stop suppressed, arguing the officer made the traffic stop last longer than warranted and the evidence was wrongly obtained because he was never given a Miranda warning. The district court disagreed, and Hicks was convicted after a jury trial. Hicks appeals, again arguing the evidence should have been suppressed. The State filed a cross-appeal in which it claimed that Hicks’ sentence is illegal because it does not contain a statutorily required term of house arrest.
Note to media
Reporters who plan to cover oral arguments need to be familiar with Supreme Court Rule 1001: Media Coverage of Judicial Proceedings, which prohibits using electronic recording devices during court proceedings. If you want to use a camera, video camera, or audio recording device, you must have permission from the presiding judge. Send your request to corey.shoup@kscourts.gov at least seven days before the scheduled arguments.