TOPEKA—A three-judge panel from the Kansas Court of Appeals will hear oral argument Tuesday, April 8, at Johnson County Community College in Overland Park. The public is invited to attend.
The panel will hear two cases starting at 9:30 a.m. in Hudson Auditorium in the Nerman Museum of Contemporary Art.
Judge Rachel Pickering will serve as the presiding judge for the docket. She will be joined by Judges David Bruns and Kim Schroeder to hear two cases. Afterward, the judges will 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.
“We look forward to hearing oral argument at Johnson County Community College and showing students, faculty, and the public how this part of the judicial system works,” Pickering said. “Seeing the appellate process in action gives the public a better understanding of our role and how we endeavor to ensure everyone is treated equally under the law.”
The Johnson County Community College 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 Johnson County Community College, other three-judge panels will hear cases at Emporia State University, Fort Hays State University, 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 a unique 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 Charles Droege in the 10th Judicial District, as well as Chief Judges Curtis Brown (23rd Judicial District in Hays), Lori Bolton Fleming (11th Judicial District in Pittsburg), and Jeffry Larson (5th Judicial District in Emporia) 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
Johnson County Community College
Nerman Museum of Contemporary Art, 2nd Floor
Hudson Auditorium
12345 College Blvd.
Overland Park
Appeal No. 126,751: State of Kansas v. William Eldridge Johnson
Johnson: (Criminal Appeal) A woman putting groceries into her car at a store parking lot in Johnson County was approached by a man. The man, Johnson, had a rock in his hand. He asked the woman to give him her car. She negotiated with him and agreed to drive him to a location in Kansas City, Missouri. The woman claimed Johnson eventually removed the keys from the ignition, hit her in the head with the rock, and stole her car. Johnson was arrested after he crashed the car into a tree during a police pursuit. Johnson was charged in Johnson County with multiple offenses, including aggravated kidnapping and aggravated battery, and was convicted by a jury. On appeal, Johnson claims the Kansas court lacked jurisdiction to convict him because the crimes all took place in Missouri. He also argues there is not sufficient evidence to prove that he kidnapped anyone and there were errors in the instructions given to the jury before deliberations began.
Appeal No. 127,980: Landlords of Lawrence v. The City of Lawrence, Kansas
Douglas: (Civil Appeal) A City of Lawrence ordinance forbids housing discrimination on the basis of race, national origin, or religion. The City amended this ordinance to forbid discrimination on the basis of “source of income” or “immigration status.” A group of landlords in Lawrence complained these additions to the ordinance unfairly limit their ability to choose tenants for their properties. The landlords asked the district court to enjoin enforcement of the additions to the ordinance, claiming the provisions are unconstitutionally vague, are preempted by federal law, and are not allowed under the Fourth Amendment to the U. S. Constitution. The district court disagreed and refused to issue an injunction. The landlords appealed, arguing the City cannot enforce the additions to the ordinance because the landlords are entitled to make rental decisions based on business risk.
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.