Kansas Court of Appeals to hear oral argument at Fort Hays State University

TOPEKA—A three-judge panel from the Kansas Court of Appeals will hear oral argument Tuesday, April 8, at Fort Hays State University in the Black and Gold Room in Memorial Union.  

Oral arguments are open to the public and students from Fort Hays State University and high schools in and around Hays have been invited to attend. 

Judge Jacy Hurst will serve as the presiding judge for the docket. She will be joined by Judges Thomas Malone and Angela Coble to hear two cases. Afterward the judges will answer questions about the judicial branch from students, faculty, and others who attend.

While in Hays, the judges will also meet with groups of high school students and Fort Hays State University students interested in pursuing legal careers.

“We welcome and appreciate the opportunity to visit communities and students across the entire state,” Hurst said. “In particular, hearing oral arguments at local colleges and universities allows more students a chance to access the judiciary and have a firsthand view of the appellate process” 

Oral arguments at Fort Hays State University 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 the university, other three-judge panels will hear cases at Emporia 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 Curtis Brown in the 23rd Judicial District, as well as Chief Judges Jeffry Larson (5th Judicial District in Emporia), 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 their argument, and the judges will have a chance to ask questions. The panel will then take each case under consideration and issue a written decision. 

There are 14 judges on the Court of Appeals who typically sit in panels of three to hear arguments and decide cases. Not every case submitted to the Court of Appeals has an oral argument.   

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 a.m. Tuesday, April 8 
Fort Hays State University
Memorial Union, Black and Gold Room 
600 Park Street 
Hays 

Appeal No. 126,818: State of Kansas v. Manuel Medina-Castro 

Saline: (Criminal Appeal) A jury convicted Medina-Castro of one count of intentional second-degree murder. On appeal, he argues the instructions given to the jury did not accurately reflect the State’s burden of proof. Medina-Castro believes the inaccurate instructions meant the jury was not required to find he acted with the intent to cause a death. In addition to finding fault with an instruction given, Medina-Castro believes the district court should have instructed the jury on other, less serious crimes. 

Appeal No. 127,858: State of Kansas v. Raven Dakota Abbott 

Saline: (Criminal Appeal) Police officers responded to a call about a domestic battery. When they arrived, they found Abbott walking away from the residence. Officers spoke with the person who called the police. Based on that information they claimed probable cause to arrest Abbott. A search after the arrest revealed drugs and drug paraphernalia. Abbott asked the district court to suppress the evidence found after the search, claiming the arrest violated K.S.A. 22-2401(c)(2), which regulates law enforcement’s ability to arrest someone for committing a misdemeanor offense. The district court agreed, and the drug evidence was suppressed. On appeal, the State claims the arrest was justified by probable cause even if it technically violated the statute, meaning Abbott’s Fourth Amendment right to be free from unreasonable searches and seizures was not violated. The State asks the suppression be reversed. 

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.