Wichita State will host the Kansas Court of Appeals annual U.S. Constitution Day observance from 9-11:30 a.m. and 1:30-4 p.m. Tuesday, Sept. 20, in the CAC Theater.
Kansas Court of Appeals judges Stephen Hill, Michael Buser and Steve Leben will hear seven appeals on campus, giving students the chance to see the judicial branch of government at work.
Court of Appeals judges do not conduct trials, but evaluate appealed cases by reading trial records and written briefs filed by the parties. The hearing gives lawyers a chance to present oral arguments for their case.
The cases on the court鈥檚 docket will be heard consecutively, and attorneys will be given up to 15 minutes to present their arguments. Following the arguments, judges will question the attorneys. Questions from the audience concerning the judicial process are allowed, but no questions specific to the cases will be answered.
Cases on the docket:
- State of Kansas v. Daquantrius S. Johnson 鈥� Johnson appeals on the basis of trial and sentencing errors. He was convicted by a jury of criminal possession of a firearm, aggravated assault and felony criminal discharge of a firearm.
- State of Kansas v. Alberto Grado 鈥� Grado was convicted in Wichita by a jury of possession of methamphetamine with the intent to distribute and possession of paraphernalia. The district court denied his motion to suppress prior to the jury conviction and granted his request for a durational departure, sentencing him to a controlling prison term of 98 months. Grado appeals that the district court erred in denying the motion to suppress and the motion for a dispositional departure to probation.
- State of Kansas v. Marla Criqui 鈥� Criqui was charged with unlawful sexual relations for having sexual intercourse with an inmate while employed at the prison. She was in custody when her confession was obtained and was not read her Miranda rights. The state brings an interlocutory appeal that the district court erred in suppressing Criqui鈥檚 confession.
- State of Kansas v. Mark Steadman 鈥� Steadman was convicted in Wichita of driving under the influence and impeding normal traffic by slow speed. He appeals the conviction on the basis that the court erred in its denial of his motion to suppress evidence challenging whether the officer had reasonable suspicion to stop him.
- State of Kansas v. Dakota R. Joy 鈥� Joy was arrested for an outstanding warrant when officers responded to a disturbance call. As Joy was driven to the jail, the officer expressed that Joy would face additional charges. He responded with incriminating statements. The officer did not read Joy his Miranda rights. The state appeals the district courts granting of Joy鈥檚 motion to suppress all statements he made to the officer.
- Lori Leann Manley, et. al v. Steven B. Hallbauer and Kathie M Hallbauer 鈥� Darren Manley was killed following a car collision at the unsigned intersection of two gravel roads in Labette County. Manley鈥檚 family sued the Hallbauers, who own the property at the southeast quadrant of the intersection for the obstructed view of the intersection because of trees and vegetation. Kansas law does not require landowners to maintain visibility at highway intersections by trimming trees. Manley appeals that landowners owe a duty to drivers to maintain visibility at highway intersections.
- Carlos Chavez-Aguilar Jr. v. State of Kansas 鈥� Chavez-Aguilar was convicted on an aiding-and-abetting theory of second-degree murder, involuntary manslaughter and aggravated battery. He was shouting and cursing from the passenger seat of a truck that drove through a crowd outside a Wichita nightclub following a fight, killing two people and injuring a third. Chavez-Aguilar filed a timely habeas corpus petition arguing that his trial was unfair because his trial counsel was ineffective.