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The Kansas Supreme Court issued the following published decisions August 28

31 Aug 2020 10:27 AM | Amanda Kohlman (Administrator)

The Kansas Supreme Court issued the following published decisions August 28:

Appeal No.113,762: State of Kansas vs. Robert L. Braun

Summary calendar; no oral argument

The Supreme Court held a motorist's conviction for driving under the influence—which was overturned because of an unconstitutional search—could not be affirmed on the basis of an alternative method of committing DUI when the motorist was not convicted of that version in district court. The motorist was convicted in Ellis County District Court of driving under the influence while having a blood alcohol content of more than .08, in violation of K.S.A. 2012 Supp. 8-1567(a)(2). Based on recent Supreme Court cases declaring the Kansas Implied Consent scheme unconstitutional, the Court of Appeals agreed the blood test results had been obtained as a result of an unconstitutional search and should have been suppressed. But the Court of Appeals said the error was harmless because the stipulation established facts that supported finding the motorist guilty of an alternative method of committing DUI—driving under the influence to a degree rendering a person incapable of safely operating a vehicle, K.S.A. 2012 Supp. 8-1567(a)(3). The Supreme Court reversed because the terms of the stipulation limited its use to court proceedings on the charge the driver had a blood alcohol content of .08 or more. The Supreme Court held the Court of Appeals should not have applied the stipulation to the alternative charge. The case was remanded to the district court for further proceedings related to the alternative charge only.

Appeal No.116,937: State of Kansas vs. Kent D. Lindemuth

Archived oral argument

The Supreme Court reversed Lindemuth's conviction of criminal threat in Shawnee County District Court as unconstitutional because the statute under which his conviction was rendered potentially criminalizes speech protected under the First Amendment to the U.S. Constitution.

Appeal No.118,543: State of Kansas vs. Giovanni M. Juarez, a/k/a Giovanni Juarez-Hernandez

Summary calendar; no oral argument

A plurality of the Supreme Court affirmed the decision of the Court of Appeals and Lyon County District Court on the sole issue for which the Supreme Court granted review. Specifically, the plurality held the district court did not violate the procedural due process rights of Juarez by providing untimely notice to him of a duty to register under the Kansas Offender Registration Act. The plurality expressed no opinion on the validity of the district court's registration order itself.

Appeal No.119,087: Gary L. Woessner vs. LaborMax Staffing and XL Specialty Insurance Co. 

Summary calendar; no oral argument

The Supreme Court upheld the Workers Compensation Appeals Board award of death benefits to the widow of man who died after an unexplained fall from a workplace catwalk. A urinalysis performed on a sample taken shortly after the accident revealed a large amount of marijuana metabolites in the man's system. The Supreme Court determined the report could be used to demonstrate impairment without testimony from the person who wrote the report. But the court upheld the board's award based on the board's finding that any impairment did not contribute to the accident.

Kansas Court of Appeals decisions released today


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