TOPEKA — The Kansas Supreme Court announced the two cases it will hear in a special session Tuesday, November 14, in Dodge City, the next destination in the court's ongoing outreach to familiarize Kansans with the court, its work, and the overall role of the Kansas judiciary.
The court will be in session from 6:30 p.m. to about 8 p.m. at Dodge City High School, 2201 W Ross Blvd. After the session concludes, justices will greet the public in an informal reception.
“We invite the people of Dodge City and surrounding communities to join us at Dodge City High School to hear these two cases,” Chief Justice Marla Luckert said. “It’s a great way to get to know our court, what we do, and how we do it. Plus, we want to meet you in the reception afterward.”
Cases on docket
The two cases on the November 14 docket are:
Appeal No. 124,998: American Warrior, Inc., and Brian F. Price v. Board of County Commissioners of Finney County, Kansas, and Huber Sand, Inc.
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.
Appeal No. 124,607: State of Kansas v. Miles Martin
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.
Case information online
Briefs filed by the attorneys involved in these two cases are on the judicial branch website at www.kscourts.org/travel-docket. Briefs include details about the cases and the issues before the Supreme Court.
Attend the special session
Anyone who wants to attend the special session in person should plan to arrive early to allow time to get through security screening. Doors open at 5:30 p.m.
Court security offers these guidelines to ease the screening process:
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Do not bring food or drink.
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Do not bring large bags, large purses, backpacks, computer cases, or briefcases. Small handbags are permitted.
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Do not bring knives, pepper spray, firearms, or weapons.
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Do not bring electronic devices such as laptop computers, handheld games, personal digital assistants, or tablets. If you must carry a cell phone, turn it off and store it out of sight while court is in session.
Decorum during oral argument
Audience members must not talk during oral argument because it interferes with the attorneys’ remarks and questions asked by justices. Talking immediately outside the auditorium is also discouraged.
If someone arrives after proceedings start, or must leave the auditorium before it ends, they should be as quiet as possible entering and exiting the auditorium.
The special session will be broadcast live online at www.YouTube.com/KansasSupremeCourt.
Communities visited
The Supreme Court has conducted special sessions outside its Topeka courtroom since 2011, when it marked the state's 150th anniversary by convening in the historic Supreme Court courtroom in the Kansas Statehouse. Since then, the court has conducted special sessions in Colby, Concordia, El Dorado, Emporia, Garden City, Great Bend, Greensburg, Hays, Hiawatha, Hutchinson, Kansas City, Lawrence, Manhattan, Overland Park, Parsons, Pittsburg, Salina, Topeka, Wichita, and Winfield.