A panel of Kansas Court of Appeals judges will convene in Lawrence to hear arguments in two criminal cases and a civil case as part of the court’s observance of Constitution Day.
Two cases are set for 10 a.m. Tuesday, Sept. 16 at the Dole Institute of Politics, 2350 Petefish Drive. The court will reconvene to hear one more case at 1:15 p.m. Tuesday in room 104 of Green Hall, 1535 W. 15th St.
The dockets are open to the public.
Chief Judge Sarah Warner will preside over the arguments, joined by Judges Thomas Malone and Amy Cline.
Warner said in a news release that for the Constitution Day dockets, the court primarily selects cases that involve constitutional questions people have asked us to resolve.
“Through these cases, students and the public can witness how constitutional rights impact everyone’s daily lives and understand how judges approach and decide constitutional disputes,” Warner said in the release.
Here are brief recaps of the three cases, as provided by Lisa Taylor, public information director for the Kansas Judicial Branch:
Appeal No. 127,854: State of Kansas v. Douglas Moser —
Harvey County criminal case appeal to be heard during the morning docket at the Dole Institute
“Law enforcement noticed an individual with a known outstanding warrant riding as a passenger in Moser’s truck. A marked police car stopped the truck because Moser was not wearing a seat belt. The passenger was arrested. After the arrest, the officer heard the passenger admit to possessing drugs. Based solely on this admission the officer initiated a search of the truck. Moser was asked to exit, and a pat-down search of his person revealed a needle in Moser’s pocket. Moser was arrested for possessing drug paraphernalia. A more in-depth search after this arrest revealed methamphetamine in Moser’s pocket.
“Moser sought to suppress the evidence found in the search of his person, claiming several constitutional violations occurred. After a hearing, the district court concluded there was reasonable suspicion to justify the enhanced scope of the traffic stop. Moser was convicted of one count of possession of methamphetamine. On appeal, Moser claims law enforcement unconstitutionally extended the scope of the initial seat belt violation stop and performed an invalid search of his person, in violation of the Fourth Amendment of the U.S. Constitution and Section 15 of the Kansas Bill of Rights.”
Appeal No. 127,387: State of Kansas v. Earl Ray Harris —
Crawford County criminal appeal to be heard during the morning docket at the Dole Institute
“Seventy-six-year-old Harris was upset that public works employees were digging a ditch on his property. He initially went to a city council member’s home to complain, telling him it was ‘going to get bad.’ Harris returned to his home where two public works employees were working on the ditch. They saw him walk through the ditch, carrying a shotgun and a step stool. Harris sat on the stool on his property. The employees were fearful because they did not know what Harris would do with the gun.
“Law enforcement arrived and arrested Harris. He was charged with aggravated interference with the conduct of public business in a public building and convicted after a trial. On appeal, he claims the ‘intimidation’ provision of K.S.A. 21-5922 is both overbroad and vague, such that it unconstitutionally infringes on the freedom of free speech and expression, in violation of the First Amendment of the U.S. Constitution and Section 11 of the Kansas Constitution Bill of Rights. Harris also contends the conviction violates his Second Amendment right to bear arms.”
Appeal No. 128,827: Michelle Crouch v. Todd B. Smith —
Johnson County civil appeal to be heard during the afternoon docket at Green Hall
“Crouch broke her shoulder in January 2020 while she was on vacation. She immediately went to an emergency room where an X-ray revealed a fracture to the top of her upper arm bone. Crouch opted against pursuing further treatment in Florida and instead returned home, seeing Dr. Smith six days after her injury.
“Dr. Smith surgically repaired the fracture, but Crouch was unhappy with the surgical outcome. She filed a medical malpractice suit against Dr. Smith, claiming his treatment of her fell below the standard of care. Crouch initiated the suit but did not designate expert witnesses during the discovery process. In light of this failure, Dr. Smith filed a motion for summary judgment asking the district court to end the case. After a hearing, the district court granted the motion, finding that Crouch failed to timely designate an expert witness. On appeal, Crouch claimed the district court erred by granting summary judgment because it overlooked controverted evidence.”
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