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The Kansas Supreme Court
301 SW 10th Avenue
Topeka Kansas 66612-1507

Office of Judicial Administration
Fax:  785.296.7076
Email: info@kscourts.org

Appellate Clerk's Office
Fax:  785.296.1028
Email: appellateclerk@kscourts.org


Supreme Court Traveling Docket

6:30 p.m. CDT Monday, April 9, 2018 Colby High School

Printable flyer

Special Session Program

The Kansas Supreme Court is heading to Colby as part of its ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

It will be the Supreme Court's first visit to Colby in the court's 157-year history, and it will be the eighth time the court will hear cases in the evening.

Oral Argument and Public Reception

The public is invited to attend the special session to hear oral arguments in person. Court will be in session from 6:30 p.m. to about 8 p.m. Monday, April 9, in the 999-seat auditorium at Colby High School, 1890 S. Franklin Ave.

The court will hear oral arguments in two cases. After the session concludes, the justices will greet the public in an informal reception in the commons area adjacent to the auditorium.

Quiet, Please

Talking during oral arguments is prohibited. If you arrive after proceedings start, or you must leave the auditorium before it ends, be as quiet as possible entering and exiting the auditorium. Also, do not talk immediately outside the doors to the auditorium.

Security Screening

If you attend in person, plan to arrive early to allow time to get through security screening. Doors open at 6 p.m. CDT. Follow these guidelines to make your check-in as quick and easy as possible.

  • Do not bring large bags, large purses, backpacks, computer cases, or briefcases.
  • Do not bring knives, pepper spray, firearms, or weapons.
  • Do not bring electronic devices like laptop computers, handheld games, personal digital assistants, or tablets. If you have to carry a cell phone, it must be turned off or its ringer silenced, and it must be stored out of sight.
  • Do not bring food or drink.

Court and school district staff will not be responsible for property left outside the auditorium.

Cases on Docket

The court publishes a booklet for the special session that explains the proceedings and describes the cases. Summaries of the cases to be heard, and briefs filed by the attorneys involved in the cases, follow:

Appeal No. 112,573: State of Kansas (plaintiff appellee) v. Daniel Barlett (defendant appellant)

Attorney for Appellant: Samuel Schirer
Attorney for Appellee: Daniel Obermeier

Wyandotte County: (Petition for Review) Barlett's cousin shot and killed Chad Ford. Barlett was charged with aiding and abetting a felony murder and criminal discharge of a firearm. The jury convicted Barlett of the latter offense. Barlett later pleaded guilty to voluntary manslaughter. The Court of Appeals affirmed the convictions.

Issues center on whether various jury instructions were proper, the district court's refusal to declare a mistrial, and whether Barlett received a fair trial.

07-17-15 Brief of Appellant
12-07-15 Brief of Appellee
12-11-15 Reply Brief of Appellant
05-13-16 Court of Appeals Decision
06-10-16 Appellant's Petition for Review

Appeal No. 115,434: LCL LLC (plaintiffs) v. James W. Falen, in his capacity as sole trustee of the James W. Falen Living Trust U/A dated April 30, 2007; Julie D. Falen; Gregory A. Falen; and Maryl M. Wesolowski (defendants/third-party plaintiffs appellants) v. Rice County Abstract and Title Co. Inc. (third-party defendants appellee)

Attorney for Appellants: Gordon B. Stull; Joshua V.C. Nicolay
Attorney for Appellee: Jeffrey C. Baker; William P. Denning

Rice County: (Petition for Review) The Falens sold real estate in 2008 but retained the mineral interests. The contract reflected the retained interest, but the deed did not. When the property was sold in 2014 to LCL, the deed again did not reflect mineral rights ownership. When it was discovered, Rice County Abstract and Title asked LCL to deed the mineral rights to the Falens. Instead, LCL claimed ownership. The Falens sued RCAT for breach of implied contract and fiduciary duty. The district court ruled for RCAT because the statute of limitations had expired. The Court of Appeals ruled the Falens could pursue claims of negligence and breach of fiduciary duty but not breach of implied contract.

Issues focus on the application of the statutes of limitations.

06-09-16 Brief of Appellants
07-14-16 Brief of Appellee
07-28-16 Reply Brief of Appellants
02-17-17 Court of Appeals Decision
03-20-17 Petition for Review
04-06-17 Response to Petition for Review
04-17-17 Reply in Support of Petition for Review
10-27-17 Supplemental Brief of Appellee
11-22-17 Appellants' Brief in Response to Supplemental Brief of Appellee

Supreme Court Traveling Docket

In 2011, the Supreme Court convened outside its Topeka courtroom in the Kansas Judicial Center to mark the state's 150th anniversary. Its first stop was the historic Supreme Court courtroom in the Kansas Statehouse. From there, and through the end of 2011, the court conducted special sessions in Salina, Greensburg, and Wichita. Since then, the court has held special sessions as follows:

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