TOPEKA—A Kansas Court of Appeals panel will hear oral argument Tuesday, September 22, at Kansas State University as part of the court’s observance of Constitution Day.
The panel will hear oral argument in two cases starting at 9:30 a.m. in the K-State Alumni Center, 1720 Anderson Ave., Manhattan.
Oral arguments are open to students and the public. When oral arguments end, the judges will talk with students and the public and answer questions about the Court of Appeals and the appeals process.
About the panel
Judge Kim R. Schroeder will serve as the presiding judge and will be joined by Judges Rachel Pickering and Lori Bolton Fleming.
Educational opportunity for students, community
Schroeder said he appreciates being able to visit colleges and communities around Kansas.
“These special travel dockets at colleges and universities give students and community members a firsthand view at this part of the appellate process,” he said.
Outreach program connects appellate court to communities
The Court of Appeals hears oral arguments monthly at locations across Kansas. The September visits are part of ongoing outreach by the court to engage college and university students and the public, to help Kansans understand the role of appellate courts.
“For these special Constitution Day dockets, the court primarily selects cases that involve constitutional questions people have asked us to resolve,” Chief Judge Sarah Warner said. “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 explained that the dockets also allow Court of Appeals judges to spend time with students and faculty with the support of the colleges and local district court.
"We appreciate the work that goes into hosting the Court of Appeals and thank our partners at Kansas State University, the 21st Judicial District, and the Riley County District Court,” she said.
Oral argument
Attorneys for each side will have 15 minutes to present their arguments and answer questions from the judges. The panel will then take each case under consideration and issue a written decision usually within 60 days of oral argument.
There are 14 judges on the Court of Appeals. Usually, they sit in panels of three to hear arguments and decide cases.
Accommodation
Any person with a disability who requires accommodation to access oral arguments should notify the judicial branch ADA coordinator as early as possible:
ADA Coordinator
785-296-2256
TTY at 711
Cases on the docket
9:30 a.m. Tuesday, September 22
Kansas State University
K-State Alumni Center
1720 Anderson Ave.
Manhattan
Appeal No. 129,890: K.P. on Behalf of B.S., a Minor Child v. Unified School District 394
Butler County: (Civil Appeal) K.P. adopted B.S. in late 2021. In summer 2022, B.S.'s biological mother took him without permission from a childcare program run by Rose Hill School District, USD 394. B.S. was found physically unharmed seven hours later. K.P. filed a negligence action against the school district. She acknowledged that B.S. was not physically harmed during the incident but claims B.S. suffered mental distress from the incident. She sought a financial award to cover future mental health expenses and to compensate B.S. for pain, suffering, and emotional distress. USD 394 sought summary dismissal of the action, citing K.P.'s failure to identify any physical injury. The district court denied the motion for summary judgment, finding there was an issue of whether USD 394 acted with wanton negligence. This interlocutory appeal followed with one narrow issue, whether the district court erred by finding that K.P. could potentially recover financial damages for "wanton negligence" even in the absence of physical injury.
Appeal No. 128,838: State of Kansas v. Bernice Farmer
Riley County: (Criminal Appeal) Farmer was convicted of attempted second-degree murder and aggravated battery. After arriving home from a night out with friends, Farmer called 911 to report that she had just shot her husband. She admitted to the emergency medical technicians that the couple had been arguing but claimed the shooting was an accident. Farmer was charged with attempted first-degree murder. At trial, Farmer continued to claim the shooting was an accident. During closing argument, the prosecutor commented on defense counsel's conduct during the trial. On appeal, Farmer claims these comments prejudiced the jury and denied her a fair trial.