Kansas Supreme Court Decisions, July 8, 2022

08 Jul 2022 10:35 AM | Executive Director (Administrator)

Appeal No. 121,503: State of Kansas v. Michael Glen Mulleneaux II

Appeal No. 121,503 archived oral argument

Police discovered a pipe with suspected drug residue during a search incident to arrest Mulleneaux. After the Geary County District Court suppressed evidence confirming the presence of drug residue, the State moved to dismiss the case without prejudice. The district court denied the State's motion and dismissed the case with prejudice. The Supreme Court concluded the district court erred by dismissing the case with prejudice but that any error was harmless because the State conceded it lacked evidence necessary to prove the case to the jury without the suppressed evidence. The Supreme Court affirmed the district court's dismissal in a unanimous decision written by Chief Justice Marla Luckert.

Appeal No. 122,582: Delaware Township and High Prairie Township v. City of Lansing, Kansas, and Leavenworth County Board of Commissioners

Appeal No. 122,582 archived oral argument

The Supreme Court reversed the Leavenworth County District Court and held that the City of Lansing's notice of termination of the interlocal agreement was effective. Justice Stegall, writing for a unanimous Supreme Court, held that K.S.A. 19-3601 et seq. (the Fire Protection Act) and K.S.A. 12-2901 et seq. (the Interlocal Cooperation Act) should be interpreted in pari materia and that termination of the interlocal agreement by its own terms did not end the existence of the fire district. The Court also held that the legal continuation of the fire district absent an interlocal agreement did not create a public policy concern.

Case No. 124,868: In the Matter of Bradley A. Pistotnik

Case No. 124,868 archived oral argument

In an original proceeding in attorney discipline, the Supreme Court suspended Pistotnik of Wichita, Kansas, from the practice of law for one year for violations of the Kansas Rules of Professional Conduct related to conduct resulting in his conviction for three federal class A misdemeanor violations of 18 U.S.C. § 3, accessory after the fact in relation to 18 U.S.C. § 875(d). The Court also ordered that Pistotnik undergo a reinstatement hearing before any petition for reinstatement will be considered.

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