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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.
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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.
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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.
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