Supreme Court visit to Dodge City
November 14, 2023
The Kansas Supreme Court is heading to Dodge City High School, 2201 W Ross Blvd, as part of its ongoing outreach to familiarize Kansans with the court, its work, and the overall role of the Kansas judiciary.
It will be the Supreme Court's first visit to city in the court's 162-year history.
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. Tuesday, November 14, at the Dodge City High School auditorium in Dodge City.
The public is invited to observe the proceedings as the court hears oral arguments in two cases. After the session concludes, the justices will greet the public in an informal reception.
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. Also, do not talk immediately outside the doors to the auditorium.
If you attend in person, plan to arrive early to allow time to get through security screening. Doors will open at 6 p.m. 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.
View oral arguments online
If you can't attend in person, the special session will also be broadcast live online at www.YouTube.com/KansasSupremeCourt.
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. 124,607: State of Kansas v. Miles Martin
Counsel for Appellant: Patrick Dunn
Counsel for Appellee: Kristafer Ailslieger
Geary County: (Petition for Review) Martin appeals his convictions for possession of methamphetamine and possession of methamphetamine with no drug tax stamp. He claims police conducted an illegal search, and the district court erroneously admitted evidence from that search at his trial. He also argues the offense of possession of methamphetamine is included within the offense of possession of methamphetamine with no drug tax stamp, so he cannot be convicted of both offenses without violating the Double Jeopardy Clauses of the United States and Kansas Constitutions and a Kansas statute, K.S.A. 21-5109(b), that prohibits a defendant from being convicted of both a crime and a lesser-included crime base on the same conduct. The district court sentenced Martin to 20 months in prison for possession of methamphetamine and six months for no drug tax stamp, to be served concurrently. The Court of Appeals affirmed Martin’s convictions.
Issues on review are whether the: 1) Court of Appeals incorrectly analyzed Martin’s argument that possession of methamphetamine is an included offense of possession of methamphetamine with no drug tax stamp; and 2) district court erred in refusing to suppress evidence discovered in the search.
Appeal No. 124,998: American Warrior, Inc., and Brian F. Price v. Board of County Commissioners of Finney County, Kansas, and Huber Sand, Inc.
Counsel for Appellant: Patrick Edwards, David Bengston, and Benjamin Jackson
Counsel for Appellee: Linda Lobmeyer and Shane Luedke
Amicus: Kansas Association of Counties
Finney County: (Petition for Review) This case involves an appeal from a Finney County District Court decision validating a conditional use permit issued by the Finney County Board of Zoning Appeals to Huber Sand, Inc., to operate a sand and gravel quarry. American Warrior argued the procedures for reviewing and issuing a conditional use permit adopted by Finney County impermissibly vary from the procedures mandated by the Legislature. As a result, American Warrior claims the permit issued is void and unenforceable. A majority of a Court of Appeals panel agreed with American Warrior and held governing bodies must follow the procedures laid out in K.S.A. 2022 Supp. 12-757 when issuing conditional use permits.
Issues on review are whether: 1) the Court of Appeals majority improperly held K.S.A. 2022 Supp. 12-757 applies to the issuance of conditional use permits; and 2) caselaw interpreting the statute held it is applicable to conditional use permits.
Travel docket history
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: