Kansas Court of Appeals to hear oral arguments in Abilene

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral arguments Wednesday, November 15, at the Dwight D. Eisenhower Presidential Library & Museum in Abilene.

Judges David Bruns, Angela Coble, and Rachel Pickering will hear oral arguments in three cases at 9 a.m. in the Courtyard Room. The session is open to the public.

After oral arguments conclude, the judges will discuss the court system and explain how a case progresses from filing to trial to appeal. They will also answer questions from members of the public about the court and court procedures.  

"We look forward to visiting Abilene so that students and members of the public can gain a better understanding of the Kansas judicial system as well as our constitutional rights and responsibilities as Americans," said Bruns, the presiding judge for the panel.

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 later, 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 November 15 in Abilene are summarized below. They originate from Sedgwick County.

9 a.m. Wednesday, November 15

Appeal No. 125,285: State of Kansas v. Clinton D. Decaire

Sedgwick County (Criminal Appeal): This is a criminal case in which the defendant was convicted of several felony offenses. On appeal, the defendant raises several claims of trial error including—among other things—an allegation regarding the sufficiency of evidence and prosecutorial error. The defendant also contends that the district court's restitution order was not supported by substantial competent evidence.

Appeal No. 125,586: Patrick J. Nuessen v. Kansas Heart Hospital, LLC

Sedgwick County (Civil Appeal): This is a medical malpractice case originally filed against a physician and hospital. Nuessen appeals after the district court granted partial summary judgment to the hospital on one of his claims of negligence against the hospital. On appeal, Nuessen contends that the district court erred in finding that K.S.A. 40-3403(h) barred this claim and, as a result, he requests a new trial.

Appeal No. 126,204: Genesis Health Clubs Management, LLC v. BeautyDot Management, LLC, et al.

Sedgwick County (Civil Appeal): This is a landlord-tenant dispute relating to the lease of real property. Genesis Health Clubs appeals after the district court denied its motion for summary judgment and granted summary judgment to BeautyDot. On appeal, Genesis contends that the district court misinterpreted the language of the lease agreement.