TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, May 9, at the Huck Boyd Community Center in Phillipsburg.
Judges Sarah Warner, Angela Coble, and Rachel Pickering will hear oral arguments in two sessions, at 10 a.m. and 6 p.m. Both sessions are open to the public.
The morning session, which includes two cases, will be attended by students from several area high schools. At 9:30 a.m., before the morning oral arguments begin, the judges will discuss the court system and explain how a case progresses from filing to trial to appeal. After hearing the morning cases, the judges will be available to answer questions from students and other members of the public about the court and court procedures.
The evening session will consist of an oral argument in one appeal that arose out of Phillips County. Again, after the argument, the judges will accept questions from the public about the judicial process. Following the evening argument, there will be a reception where members of the community can speak more casually with the judges.
"The Court of Appeals always welcomes the opportunity to hear cases in communities throughout our state," said Warner, the presiding judge for the panel. "We are looking forward to visiting Phillipsburg—it will provide an excellent opportunity for us to visit with members of the community about our system of justice."
Oral arguments
Attorneys for each side will have an opportunity to present arguments to the judges, and the judges will have a chance to ask questions. The court will then take each case under consideration and will issue a written decision at a later date, usually within 60 days.
There are 14 judges on the Court of Appeals, and they sit in panels of three to decide cases. In fiscal year 2022, the Court of Appeals resolved appeals in 1,060 cases, including 781 in which the court issued a formal written decision.
The three cases to be heard on May 9 in Phillipsburg are summarized below. They originate from Ness, Marion, and Phillips counties.
Tuesday, May 9 at 10 a.m
Appeal No. 125,536: State of Kansas v. Adrian Garcia-Oregel
Ness County (Criminal Appeal): Garcia-Oregel appeals his conviction for driving under the influence of alcohol. He asserts the evidence of his blood-alcohol level should be suppressed because there was unreliable information in the warrant that authorized the blood draw. He also claims the trial court should have had an evidentiary hearing to analyze why that information was included in the police officer's affidavit supporting the warrant.
Appeal No. 125,063: State of Kansas v. Amy D. Stutzman
Marion County (Criminal Appeal): A jury found Stutzman guilty of three counts of aggravated assault after she fired multiple gunshots into the ground while walking toward a truck occupied by a three-man survey crew in Marion County. On appeal, Stutzman argues the evidence was insufficient to support her convictions. She also argues her convictions punish the same conduct three times and statements the prosecutor made during closing argument deprived her of a fair trial.
Tuesday, May 9 at 6 p.m
Appeal No. 125,274: Rodney L. Ross, et al. v. Norman Terry Nelson, et al.
Phillips County (Civil Appeal): Nelson installed underground pipes in the road right-of-way next to land owned by the Rosses and Field. The pipes carried waste from Nelson's hog farm to a pivot across from the Rosses' property, where it was applied as fertilizer. This caused an unpleasant odor at the Rosses' home, and at times the waste drifted onto their property. The district court found Nelson had trespassed on the Ross and Field properties by installing the pipes. A jury then ruled that Nelson had created a nuisance, and the court awarded punitive damages. Nelson challenges these rulings on appeal.