TOPEKA—A three-judge panel from the Kansas Court of Appeals will hear oral argument April 9 and 10 at two colleges in Cowley County and the public is invited to attend.
On Tuesday, April 9, the panel will hear one case in the Richardson Auditorium on the Southwestern College campus at 100 College in Winfield.
On Wednesday, April 10, the panel will hear two cases in the Brown Center Theater on the Cowley County Community College campus at 125 South 2nd Street in Arkansas City.
Judges Amy Fellows Cline, G. Gordon Atcheson, and Rachel Pickering will hear oral arguments starting at 10 a.m. April 9 and 10. Afterward, the judges will be available to answer questions from students, faculty, and the public about the judicial branch, court procedures, the role of judges, the legal profession, and other related matters.
"Court of Appeals judges particularly enjoy hearing cases at high schools, colleges, and universities in communities across Kansas," said Cline, the presiding judge for the panel. "It’s a great opportunity for us to visit with students, faculty members, and the public about our system of justice. We appreciate the efforts by the local judges and colleges in Cowley County to accommodate our visit.”
Oral argument
Attorneys for each side will have an opportunity to present arguments, and the judges will have a chance to ask questions. The panel will then take each case under consideration and will issue a written decision at a later date, usually within 60 days from the date of oral argument.
There are 14 judges on the Court of Appeals. Usually, they sit in panels of three to hear arguments and decide cases. In fiscal year 2022, the Court of Appeals resolved appeals in more than 1,000 cases, including 781 cases in which the court issued formal written decisions.
10 a.m. Tuesday, April 9
Southwestern College
Winfield
Appeal No. 126,397: Stephen Mattice v. City of Stafford
Stafford County: (Civil Appeal) Mattice brought a claim under the Kansas whistleblower statute after the City of Stafford terminated his employment as police chief. The district court originally dismissed the claim. The Court of Appeals reversed and remanded the case for further proceedings. After discovery, the City moved for summary judgment, contending that Mattice could not meet the elements of the statutory claim. The district court granted summary judgment, and Mattice again appeals, contending that the district court improperly resolved material fact disputes.
Wednesday, April 10, 2024
Cowley County Community College
Arkansas City
Appeal No. 126,078: State of Kansas v. Maurice Antonio Hall
Sedgwick County: (Criminal Appeal) Hall was acquitted by a jury of first-degree murder and convicted of possession of a firearm by a felon, contrary to K.S.A. 2019 Supp. 21-6304(a)(3)(A), which states that a person who, within the preceding 10 years has been convicted of certain felonies, may not possess a firearm. Hall raised the issue that the statute on its face violates Section 4 of the Kansas Constitution Bill of Rights. Section 4 states, in relevant part: "A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose." The district court ruled that the statute was constitutional. On appeal Hall argues that the statute criminalizing possession of a firearm by a felon violates the Kansas Constitution on its face and as applied to him.
Appeal No. 126,271: CVR Energy, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, et al.
Montgomery County: (Civil Appeal) CVR Energy, Inc. appeals the dismissal of its breach of contract and declaratory judgment actions against multiple insurers. CVR Energy claims its petition alleging property damage caused by SARS-CoV-2 within its facilities was covered by the insurance policies. The district court disagreed, concluding that CVR Energy failed to allege physical loss or damage to covered property and that various exclusions within the policy prohibited recovery.