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Post 2 The Kansas Supreme Court issued the following published decisions June 26, 2020

29 Jun 2020 10:50 AM | Amanda Kohlman (Administrator)

Appeal No. 117,973: Brian Russell and Brent Flanders, trustee of the Brent Eugene Flanders and Lisa Ann Flanders Revocable Family Trust v. Treanor Investments LLC and 8th & New Hampshire LLC

Archived oral argument video

The Supreme Court today affirmed the Douglas County District Court's decision in favor of two developers in a dispute with condominium owners who objected to the developers' planned grocery store in downtown Lawrence. The grocery store would occupy the same development as the condominiums. All parties agreed the project would require a change to land use restrictions imposed on the development in the late 1990s. The Supreme Court agreed with the district court that under the terms of the restrictions, the developers were free to change them without the condominium owners' consent.

Appeal No. 118,790: In the Matter of J.P.

Archived oral argument video

When John P. was a juvenile, he committed offenses and received both a juvenile sentence and an adult sentence in what is called an extended-jurisdiction juvenile proceeding. After Wyandotte County District Court found John violated conditions of his juvenile sentence, the court imposed his 237-month adult sentence. John appealed, but the Court of Appeals dismissed the appeal for lack of jurisdiction. In an opinion written by Judge Steve Leben, sitting with the court by designation, the Supreme Court held appellate courts have jurisdiction under K.S.A. 38-2347(e)(4), giving juveniles like John who are subject to extended-jurisdiction proceedings all the rights of a defendant under the Kansas Code of Criminal Procedure. Because that code would provide an adult defendant the right to appeal a final judgment imposing a prison sentence, John had the right to appeal the order imposing his adult sentence.

Appeal No. 120,190: State of Kansas v. Michael Eugene George Jr.

Summary calendar; no oral argument

On a direct appeal, the Supreme Court affirmed George's five criminal convictions. In an opinion written by Justice Caleb Stegall, the Supreme Court held George's convictions for attempted distribution or possession with intent to distribute a controlled substance, attempted aggravated robbery, and aggravated assault are not multiplicitous with one another. Further, the Supreme Court held George failed to properly preserve an evidentiary claim on appeal and could not reframe the issue as one of prosecutorial error. Additionally, the Supreme Court held even if the district court erred when it excluded a witness's testimony, his account was presented in its entirety through other testimony and therefore was harmless. Finding a single harmless error, the Supreme Court found George's claim of cumulative error meritless.

Kansas Court of Appeals decisions released today

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