WELCOME TO THE TBA 

The key resource for attorneys practicing in Topeka and Shawnee County. 

JOIN 

Upcoming events

<< First  < Prev   1   2   3   4   5   ...   Next >  Last >> 
  • 19 Feb 2021 9:58 AM | Amanda Kohlman (Administrator)

    Appeal No. 121,378: State of Kansas v. Julio Romero Fraire

    Archived oral argument video

    A Ford County jury convicted Fraire of premeditated first-degree murder and criminal possession of a weapon by a convicted felon in a deadly shooting outside a nightclub in Dodge City. Fraire was sentenced to life imprisonment without parole for 50 years for the murder conviction and an additional 21 months for the firearm conviction. He was also sentenced to lifetime postrelease supervision. Writing for a unanimous Kansas Supreme Court, Justice Eric Rosen affirmed the convictions, finding no reversible trial errors. The Supreme Court found no prejudice and no error when the trial court denied Fraire's motion for a new trial based on the fact a witness for the State and the defendant wore similar clothing on different days of the trial. The Supreme Court also held the prosecutor did not commit error in telling the jury the State's case, while not perfect, was good and sufficed to support a conviction. The Supreme Court elected not to address a challenge to the manner in which the trial court responded to a question from the jury, noting Fraire did not preserve the issue for appeal. Finally, the Supreme Court rejected Fraire's claim the order in which options were placed on the verdict form improperly influenced the jury's decision. The Supreme Court vacated the postrelease supervision component of the sentence as inconsistent with other release conditions.


  • 16 Feb 2021 9:07 AM | Amanda Kohlman (Administrator)

    Appeal No. 119,745: In the Interest of P.R., a Minor Child

    Summary calendar; no oral argument

    The Kansas Supreme Court affirmed Shawnee County District Court's termination of a mother's parental rights. In a unanimous opinion written by Senior Judge Michael Ward, the court rejected the mother's claim that formal written acceptance by the Kansas Department for Children and Families is required for a parent's relinquishment of parental rights to be valid. The Supreme Court held the mother's relinquishment of parental rights to the DCF was valid, knowingly made, and effective to terminate her parental rights.


  • 08 Feb 2021 9:04 AM | Amanda Kohlman (Administrator)

    Appeal No. 117,081: State of Kansas v. Amy Stoll

    Summary calendar; no oral argument

    Stoll was convicted in Reno County District Court for failing to register under the Kansas Offender Registration Act when she neglected to report her new address within three days of moving. Stoll argued she was not guilty because she had substantially complied with the registration requirements by correctly registering for seven years and registering her new address only a few weeks late. In a per curium opinion, the Kansas Supreme Court affirmed the conviction, holding registration requires strict compliance. The Supreme Court was not persuaded by Stoll's arguments the unavailability of a substantial compliance defense and the strict liability nature of the offense violated her due process rights. Stoll argued there was insufficient evidence to support her conviction because she had erroneously been ordered to register at the time of her original crime. The court rejected this argument because, by the time Stoll failed to register, the Legislature had added Stoll's crime to the list of those requiring registration and indicated the requirement applied retroactively. The Supreme Court held retroactive application did not violate the ex post facto clause because registration requirements are not punitive. Justice Eric Rosen dissented. He considered the registration requirements punitive and, consequently, their retroactive application to Stoll a violation of the ex post facto clause. He would have held there was insufficient evidence to support the conviction because Stoll was under no duty to register.


    Appeal No. 120,946: State of Kansas v. Robert Willard Colson

    Archived oral argument video

    The Kansas Supreme Court affirmed an Ottawa County District Court decision after Colson appealed his convictions for felony murder, intentional second-degree murder, felony theft of a firearm, felony theft of a vehicle, and burglary. Colson challenged the sufficiency of the evidence supporting his convictions and the district court's denial of his request for a lesser included instruction on voluntary manslaughter. The Supreme Court unanimously concluded sufficient evidence existed to support a finding that: 1) Colson was present inside his victim's residence; 2) the jury was not required to stack inferences in order to convict Colson; 3) sufficient evidence existed to support a finding Colson killed his victim either while in flight from the theft of the victim's handgun or as part of the res gestae of the theft; and 4) no evidence was presented of legally sufficient provocation, rendering a lesser included instruction on voluntary manslaughter factually inappropriate.


    Appeal No. 121,534: State of Kansas v. Darrell Lamont Farmer

    Summary calendar; no oral argument 

    The Kansas Supreme Court affirmed Montgomery County District Court's resentencing of Farmer, who was originally sentenced for felony murder and several other offenses in 2003. After Farmer filed two motions to correct an illegal sentence, the district court resentenced him in 2018. Farmer appealed, arguing the district court erred by denying his motion for a departure sentence and by failing to notify him of his duty to register under the Kansas Offender Registration Act. The Supreme Court found it had jurisdiction to hear Farmer's appeal of the denial of his departure motion as it related to his sentence for felony murder only but that the district court did not err because it did not have discretion to depart from a life sentence for felony murder. The Supreme Court also declined to address Farmer's argument the district court erred by failing to notify him of his duty to register under the Kansas Offender Registration Act because he did not properly preserve the issue for appeal.



  • 04 Feb 2021 7:28 AM | Amanda Kohlman (Administrator)

    Due to the continued spread of COVID-19, the Third Judicial District/Shawnee County District Court has extended the changes made to our Traffic dockets for the month of January through the month of March. Please see the following specifics:

    1. Tuesday morning Traffic Dockets at 8:00 a.m. and 10:00 a.m. are cancelled through MARCH 31, 2021. Afternoon traffic hearings and trials will be held as scheduled.

    2. Please contact the District Attorney’s Office at (785) 251-4525 or by email to datraffic@snco.us – subject line “Traffic”. They are working diligently to resolve cases without requiring court appearances.

    3. Monday DUI dockets will continue as scheduled.

    4. All previously scheduled jail time is postponed effective immediately and will be rescheduled after April 5, 2021. Please call the court at (785) 251-6310 to reschedule jail time.

    5. Please consult the Shawnee County District Court website at 
    www.shawneecourt.org for further information.



  • 01 Feb 2021 11:43 AM | Amanda Kohlman (Administrator)

    Appeal No. 120,017: State of Kansas v. Ronald D. Morley

    Archived oral argument video

    The Kansas Supreme Court affirmed a Court of Appeals decision reversing Shawnee County District Court's ruling Morley was entitled to a dispositional departure to probation from a presumptive sentence of imprisonment. Morley was found guilty of securities fraud and acting as an unregistered issuer agent in connection with a high-risk investment scheme that cost four Kansas investors $845,900 in combined losses. In a unanimous opinion written by Justice Dan Biles, the Supreme Court agreed with the Court of Appeals the district court abused its discretion when finding Morley's no contest plea and his voluntary agreement to pay statutorily imposed restitution together constituted a substantial and compelling reason to depart.


    Appeal Nos. 120,747 and 121,048: State of Kansas v. Thomas C. Griffin II

    Summary calendar; no oral argument 

    The Kansas Supreme Court upheld Griffin's conviction for methamphetamine possession, which he challenged on the grounds he was not brought to trial quickly enough. Shortly after the State charged Griffin, he began serving an earlier sentence in a Department of Corrections facility. Griffin sought to expedite the trial of the methamphetamine possession case under the Kansas Uniform Disposition of Detainers Act, which generally requires a trial to occur within 180 days after the court receives an incarcerated defendant's request to expedite and a certificate from the Secretary of Corrections containing information about the incarceration. In a unanimous decision written by Justice Dan Biles, the court held Griffin failed to demonstrate the trial occurred too late when he claimed the time limit elapsed 180 days from his request, rather than the later date on which the Secretary of Corrections' certificate was received.



  • 22 Jan 2021 12:12 PM | Amanda Kohlman (Administrator)

    Appeal No. 120,033: In the Matter of the Estate of Thelma J. Taylor

    Archived oral argument video

    The Kansas Supreme Court today upheld a judgment ordering the executor of an estate to repay the amount of money taken from the estate and an additional penalty equal to the amount taken. Before a court case was opened in Atchison County District Court to administer the estate, the individual who would become the executor removed cash from a safe deposit box that belonged to the decedent. In a unanimous opinion written by Justice Dan Biles, the Supreme Court held the Kansas statute requiring the penalty when property is taken from a decedent did not contain an exception for property taken before estate proceedings began.


    Appeal No. 122,332: In the Matter of Amy J. Ahrens, Respondent

    Archived oral argument video

    The Kansas Supreme Court today indefinitely suspended Ahrens from the practice of law for violations of Kansas Rules of Professional Conduct (KRPC) 8.l(b) (failure to cooperate with disciplinary authority), KRPC 8.4(c) (dishonest conduct), KRPC 8.4(d) (conduct prejudicial to administration of justice), KRPC 8.4(g) (conduct adversely reflecting on respondent's fitness to practice law), and Kansas Supreme Court Rule 207(b) (cooperation). The suspension is effective December 20, 2019.


  • 15 Jan 2021 9:59 AM | Amanda Kohlman (Administrator)

    Appeal No. 118,382: Howard Johnson III v. Chase L. Coble

    Archived oral argument video

    The Kansas Supreme Court reversed Coble's conviction for aggravated arson. Coble was charged with three identically-worded aggravated arson counts following a fire in his Hutchinson apartment. At trial the State presented evidence tending to establish three separate incidents occurred. The jury acquitted Coble on all but one count. In a unanimous opinion written by Justice Dan Biles, the Supreme Court held that due process concerns required it to reverse the sole conviction. The identically worded charges caused confusion for the jury about what incident to attach to each charge. In addition, appellate review of the conviction was hampered since it was also impossible for the Supreme Court to determine what incident the jury believed constituted aggravated arson. In view of the jury confusion, the two acquittals, and the arguably inadequate evidence establishing two of the three incidents, the Supreme Court remanded the case to Reno County District Court for additional proceedings.


    Appeal No. 119,824: State of Kansas v. Emmanuel Elijah Crosby

    Summary calendar; no oral argument 

    On direct appeal, the Kansas Supreme Court reversed Crosby's distribution of a controlled substance conviction and affirmed Crosby's several other criminal convictions in Sedgwick County. In an opinion written by Justice Caleb Stegall, the court held the State failed to provide sufficient evidence of Crosby distributing or intending to distribute marijuana. The Supreme Court held the State must present sufficient evidence of a defendant's possession as a necessary part of a distribution of a controlled substance conviction, and the State failed to do so here. Further, the Supreme Court held joinder of Crosby's criminal cases was proper, several jury instructions were not erroneous, and the cumulative error doctrine did not apply.

    Appeal No. 121,075: State of Kansas v. Michael L. Phillips

    Archived oral argument video 

    A Sedgwick County jury convicted Phillips of first-degree premeditated murder and aggravated battery. On appeal, Phillips argued the district court erred by denying his pretrial motion for self-defense immunity. The Kansas Supreme Court held the district court erred when it failed to resolve conflicting evidence relevant to the self-defense immunity issues before denying the motion. The Supreme Court also found this error was not subject to traditional harmless error analysis. However, given the extraordinary facts of the case, the Supreme Court took the unique step of reviewing the existing record and determined that, at the immunity hearing, the State established probable cause that Phillips' use of deadly force was not justified, thus defeating Phillip's motion. Phillips also argued the district court erred by denying his request for a lesser included offense instruction, but the Supreme Court found no error because the requested instruction was not factually appropriate. The Supreme Court also affirmed the district court's denial of Phillips' motion for new trial alleging ineffective assistance of counsel.



  • 11 Jan 2021 10:22 AM | Amanda Kohlman (Administrator)

    Chief Justice Marla Luckert issued a new administrative order today continuing to suspend statutes of limitation, statutory time standards, deadlines, and time limitations started under earlier orders in response to the COVID-19 pandemic.

    Luckert's action to issue Administrative Order 2021-PR-001 follows the State Finance Council's January 6 decision extending the COVID-19 state of disaster emergency from January 11 through January 26.

    Luckert said the health and safety of jurors, witnesses, litigants, members of the public, law enforcement officials, court employees, and judges drove her decision to continue the suspensions.

    For all court actions related to the pandemic, visit Kansas courts response to COVID-19.


  • 08 Jan 2021 10:22 AM | Amanda Kohlman (Administrator)

    Please note the following changes to the Shawnee County District Court traffic dockets through the month of January.

    1. Tuesday morning Traffic Dockets at 8:00 a.m. and 10:00 a.m. are cancelled through January 31, 2020. Afternoon traffic hearings and trials will be held as scheduled.

    2. Please contact the District Attorney’s Office at (785) 251-4525 or by email to datraffic@snco.us – subject line “Traffic”. They are working diligently to resolve cases without requiring court appearances.

    3. Monday DUI dockets will continue as scheduled.

    4. Please consult the Shawnee County District Court website at 
    www.shawneecourt.org (http://www.shawneecourt.org) for further information.


  • 08 Jan 2021 10:19 AM | Amanda Kohlman (Administrator)

    Appeal No. 117,725: Howard Johnson III v. U.S. Food Service

    Archived oral argument video

    The Kansas Supreme Court reversed the Court of Appeals and affirmed the decision of the Workers Compensation Board. In an opinion written by Justice Caleb Stegall, the Supreme Court applied the rule of constitutional avoidance and held a 2013 amendment to the Kansas Workers Compensation Act did not change the essential legal standard for determining functional impairment under the statute, which must still be established by competent medical evidence.

    Appeal No. 119,881: State of Kansas v. Rodney J. Hooks

    Summary calendar; no oral argument 

    The Kansas Supreme Court remanded Hooks' appeal of the denial of his motion to correct an illegal sentence and K.S.A. 60-1507 motion to Sedgwick County District Court. Hooks filed the motions in 2017. The district court denied Hooks' motions. Hooks filed an untimely notice of appeal. In response to a show cause order, Hooks argued the Supreme Court should maintain jurisdiction under the "unique circumstances doctrine." The Supreme Court reaffirmed the "unique circumstances doctrine" is not an acceptable source of jurisdiction for Kansas appellate courts. Instead, the Supreme Court held that while other due process concerns may entitle Hooks to an untimely appeal, a district court must first make factual findings establishing Hooks' eligibility for consideration of an untimely notice of appeal.


    Appeal No. 120,390: State of Kansas v. David Patrick McNabb

    Summary calendar; no oral argument 

    The Kansas Supreme Court affirmed McNabb's four criminal convictions, including two counts of first-degree premeditated murder. In an opinion written by Justice Caleb Stegall, the Supreme Court held Linn County District Court did not abuse its discretion when it denied McNabb's motion for a downward durational sentencing departure. Further, the Supreme Court held the district court did not abuse its discretion when it ordered McNabb's two hard-50 life sentences to run concurrently.




<< First  < Prev   1   2   3   4   5   ...   Next >  Last >> 


Powered by Wild Apricot Membership Software