Kansas Court of Appeals to hear oral argument at Johnson County Community College

TOPEKA—A three-judge panel from the Kansas Court of Appeals will hear oral argument Tuesday, April 9, at Johnson County Community College.
 
Oral argument will begin at 9 a.m. in Hudson Auditorium on Johnson County Community College campus at 12345 College Boulevard in Overland Park. The auditorium is located on the second floor of the Nerman Museum of Contemporary Art.
 
Judges David Bruns, Kathryn Gardner, and Lesley Isherwood will hear oral argument in three cases starting at 9 a.m. After arguments conclude, 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.
 
“We look forward to visiting Johnson County Community College and sharing information that gives people a better understanding of the Kansas judicial system, as well as our constitutional rights and responsibilities,” said Bruns, the presiding judge for the panel.  
 
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 at a later date, usually within 60 days from the date of the oral arguments.
 
There are 14 judges on the Court of Appeals. Usually, they sit in panels of three to hear arguments and to decide cases. In fiscal year 2022, the Court of Appeals resolved appeals in more than 1,000 cases, including 781 cases in which the court issued formal written decisions.
 
April 9 docket
 
The three cases to be heard at Johnson County Community College are summarized below. Each case originated from Johnson County District Court.
 
9 a.m. Tuesday, April 9
Johnson County Community College
Overland Park
 
Appeal No. 126,146: State of Kansas v. Beth Merrill
 
Johnson County: (Criminal Appeal) Merrill appeals after being convicted in district court of two counts of felony aggravated driving under the influence. On appeal, Merrill contends the district court improperly exercised jurisdiction over her case based on a dispute regarding where she was driving on State Line Road. She argues that the district court improperly admitted evidence at trial to show that the location was on the Kansas side of the border and also improperly admitted evidence that she refused to submit to a breath test. In addition, she argues that the district court imposed an unconstitutional sentence.
 
Appeal No. 126,732: Brenda Zaragoza v. Board of Commissioners
 
Johnson County: (Civil Appeal) After falling in a parking lot at the Monticello Branch of the Johnson County Public Library, Zaragoza sued Johnson County. In the lawsuit, Zaragoza alleged that she suffered injuries as a result of the County's negligence. The district court granted summary judgment to the County on the grounds that it is immune from liability for ordinary negligence due to the recreational use provision of K.S.A. 75-6104(o). The district court also found that Zaragoza had failed to sufficiently plead or come forward with evidence that the County committed gross and wanton negligence.
 
Appeal No. 126,386: In the Matter of the Marriage of Rrapaj
 
Johnson County: (Civil Appeal) In this divorce action, the husband appeals from the district court’s determination that he had accepted a settlement offer dividing the parties' marital assets. He contends the parties did not reach a mutual understanding of the essential terms of the alleged agreement. He also contends the district court lacked sufficient financial information from the parties to adequately scrutinize and approve the purported agreement.