Judge Weingart of 22nd judicial district to sit with Kansas Supreme Court January 25

TOPEKA — Judge John L. Weingart of the 22nd judicial district has been appointed to sit with the Kansas Supreme Court to review one case on the court's summary calendar the final day of its January docket. Weingart will join Supreme Court justices January 25 as they deliberate a case on their summary calendar, and he will participate in the opinion drafting that will follow.

“I am pleased that Judge Weingart is taking time from his duties in the 22nd judicial district to sit with the Supreme Court,” said Chief Justice Lawton R. Nuss. “It's a great help to our court, and we look forward to his contributions deliberating this case.”

Weingart has been a district court judge since 2001. Before that, he had a private law practice in Hiawatha for 24 years. He is a graduate of Washburn University School of Law, and a past president of the Northeast Kansas and Brown County Bar Association, and of the Kansas School Attorneys Association.

"It is an honor to get the chance to serve," Weingart said. "Over my years on the court, Chief Justice Nuss, departmental Justice Eric Rosen, and the staff of the Office of Judicial Administration have extended courtesies to Chief Judge James Patton and me in the administration of our district. This is an opportunity to return those courtesies in a small way."  

The case Weingart will deliberate with the Supreme Court is on the court's summary calendar, so it will be decided without oral argument.

The case is:

Appeal No. 112,000: State v. Dustin Alex Evans

Johnson County: (Petition for Review) Evans stabbed an individual and was charged with aggravated battery. Evans filed a motion to dismiss based on the self-defense statute. The district court granted the motion. Issue on review is whether the district court erred in applying K.S.A. 21-5231 in granting Evans immunity from prosecution based upon self-defense.