9 a.m. • Wednesday, September 16
Appeal No. 119,529: State of Kansas v. Luis Antonio Aguirre
Riley County: (Criminal Appeal) In October 2009, the bodies of T.M. and J.M. were found buried together near Odgen. J.M. was the son of T.M. and Aguirre. Once the bodies were identified, the investigation turned to Aguirre, who had lived in Odgen from February until October 2009.In June 2012, a Riley County jury found Aguirre guilty of capital murder but declined to impose the death sentence. On appeal, the Supreme Court found Aguirre's confessions were obtained in violation of his Miranda rights and reversed his conviction. This appeal stems from Aguirre's retrial, which lead to Aguirre's convictions of voluntary manslaughter of T.M. and premeditated first-degree murder of J.M. Issues on appeal are whether: 1) Aguirre's statements to police were made in violation of Miranda and also involuntary; 2) the district court erred in allowing the State's expert witness on botany to testify to his "expert" opinion on the length of time the grave was left open, in violation of the requirements of K.S.A. 60-456(b); 3) the district court erred in finding the stipulation to the authenticity of emails was binding for the second trial; 4) there was sufficient evidence for a reasonable jury to find Aguirre killed J.M. intentionally and with premeditation; 5) the district court erred in denying Aguirre's requested cautionary instruction against inference stacking; 6) the prosecutor's closing argument lowered the burden of proof and led jurors to believe they need not be unanimous; and 7) the district court had jurisdiction to convict Aguirre of voluntary manslaughter.
11 a.m. • Wednesday, September 16
Case No. 122,036: In the Matter of Mark David Murphy, Respondent
Original Proceeding Related to Attorney Discipline: (One-year suspension) The Supreme Court admitted Murphy to the practice of law in April 1987. Murphy's ethical issues involve his representation of the parties to the sale of a limousine service, conflicts of interest, and whose interest Murphy was representing. The hearing panel unanimously recommends Murphy be suspended from practicing law for one year. The disciplinary administrator recommends Murphy be disbarred. Murphy seeks a reprimand.
1:30 p.m. • Wednesday, September 16
Appeal No. 117,439: Alysia R. Tillman and Storm Fleetwood v. Katherine A. Goodpasture, D.O., et al.
Riley County: (Petition for Review) Tillman and Fleetwood challenge the denial of their cause of action, first recognized by the Kansas Supreme Court in Arche v. United States of America, 247 Kan. 276, 798 P.2d 477 (1990). In 2013, the Kansas Legislature passed K.S.A. 60-1906, stating no cause of action exists in Kansas for wrongful birth of a child. The district court granted Goodpasture's motion for judgment on the pleadings. The district court found K.S.A. 2013 Supp. 60-1906 was constitutional, stating Sections 5 and 18 of the Kansas Constitution Bill of Rights did not protect this cause of action since wrongful birth was not a cause of action recognized in 1859 when the Constitution was adopted. The Court of Appeals agreed, stating K.S.A. 2013 Supp. 60-1906 is constitutional because a cause of action for wrongful birth was unavailable when the Constitution was adopted and thus does not implicate Sections 5 or 18 of the Kansas Constitution Bill of Rights. Issues on review are whether K.S.A. 60-1906 violates Sections 5 and 18 of the Kansas Constitution Bill of Rights and the right to remedy by due course of law because the statute bars common law medical negligence wrongful birth causes of action without providing a substitute remedy.