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TOPEKA—Court of Appeals Judge Henry Green will sit with the Kansas Supreme Court to hear and help decide one case on the court’s September 13 docket that will take place by videoconference.

After hearing oral arguments, Judge Green will join Supreme Court justices in their deliberations and decision drafting.

"The Supreme Court looks forward to Judge Green hearing a case with us,” said Chief Justice Marla Luckert. “He will read the case materials, prepare for oral argument, and deliberate with the court on its decision. We thank him for helping us, especially because we know he already has a significant case load to handle."

Green was appointed to the Court of Appeals in 1993 by Gov. Joan Finney.

“It is clearly an honor to be chosen to sit with our Supreme Court,” said Green. “As a Court of Appeals judge, this has to be one of the highlights of my career.”

Judge Henry Green Jr. is a native of Leavenworth. He earned his bachelor’s degrees from Kansas State University and a law degree from the University of Kansas School of Law. After a career in private law practice and working for the federal bankruptcy court in Kansas, he was appointed to the Kansas Court of Appeals.

All Supreme Court oral arguments are webcast live at YouTube.com/KansasSupremeCourt.

Green will join justices by video conference at 9 a.m. Monday, September 13, to hear oral arguments in one case: 

Appeal No. 120,434: State of Kansas v. Dwayne Lynn Patton

Reno County: (Petition for Review) Patton was convicted of one count of felony driving under the influence. At sentencing, the district court found this was Patton’s fourth or subsequent DUI conviction and sentenced him to 12 months in jail. The Court of Appeals affirmed Patton’s conviction and sentence. The Court of Appeals held that the 2018 Amendments to K.S.A 8-1567(i) and (j) apply to Patton’s DUI conviction even though the crime was committed in 2016. Issue on review is whether appellants precluded from bringing their claims based on res judicata and prior Kansas Supreme Court precedent.

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