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The Kansas Supreme Court
301 SW 10th Avenue
Topeka Kansas 66612-1507

Office of Judicial Administration
Telephone:
 785.296.2256
Fax:  785.296.7076
Email: info@kscourts.org

Appellate Clerk's Office
Telephone:
 785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org


Emporia

Supreme Court Traveling Docket

6:30 p.m. CDT Monday, April 9, 2018 Colby High School

Watch Colby oral arguments - 112,573, 115,434

Photos from Colby Special Session

Printable flyer

Special Session Program

About 400 people attended the Kansas Supreme Court's special session that evening in Colby. During the day, justices and local judges from the 15th Judicial District visited with more 1,000 students from the region's middle schools, high schools, technical school, and community college.

Cases on Docket

The court publishes a program for the special session that explains the proceedings and describes the cases. Summaries of the cases to be heard, and briefs filed by the attorneys involved in the cases, follow:

Appeal No. 112,573: State of Kansas (plaintiff appellee) v. Daniel Barlett (defendant appellant)

Attorney for Appellant: Samuel Schirer
Attorney for Appellee: Daniel Obermeier

Wyandotte County: (Petition for Review) Barlett's cousin shot and killed Chad Ford. Barlett was charged with aiding and abetting a felony murder and criminal discharge of a firearm. The jury convicted Barlett of the latter offense. Barlett later pleaded guilty to voluntary manslaughter. The Court of Appeals affirmed the convictions.

Issues center on whether various jury instructions were proper, the district court's refusal to declare a mistrial, and whether Barlett received a fair trial.

07-17-15 Brief of Appellant
12-07-15 Brief of Appellee
12-11-15 Reply Brief of Appellant
05-13-16 Court of Appeals Decision
06-10-16 Appellant's Petition for Review



Appeal No. 115,434: LCL LLC (plaintiffs) v. James W. Falen, in his capacity as sole trustee of the James W. Falen Living Trust U/A dated April 30, 2007; Julie D. Falen; Gregory A. Falen; and Maryl M. Wesolowski (defendants/third-party plaintiffs appellants) v. Rice County Abstract and Title Co. Inc. (third-party defendants appellee)

Attorney for Appellants: Gordon B. Stull; Joshua V.C. Nicolay
Attorney for Appellee: Jeffrey C. Baker; William P. Denning

Rice County: (Petition for Review) The Falens sold real estate in 2008 but retained the mineral interests. The contract reflected the retained interest, but the deed did not. When the property was sold in 2014 to LCL, the deed again did not reflect mineral rights ownership. When it was discovered, Rice County Abstract and Title asked LCL to deed the mineral rights to the Falens. Instead, LCL claimed ownership. The Falens sued RCAT for breach of implied contract and fiduciary duty. The district court ruled for RCAT because the statute of limitations had expired. The Court of Appeals ruled the Falens could pursue claims of negligence and breach of fiduciary duty but not breach of implied contract.

Issues focus on the application of the statutes of limitations.

06-09-16 Brief of Appellants
07-14-16 Brief of Appellee
07-28-16 Reply Brief of Appellants
02-17-17 Court of Appeals Decision
03-20-17 Petition for Review
04-06-17 Response to Petition for Review
04-17-17 Reply in Support of Petition for Review
10-27-17 Supplemental Brief of Appellee
11-22-17 Appellants' Brief in Response to Supplemental Brief of Appellee


Supreme Court Traveling Docket

In 2011, the Supreme Court convened outside its Topeka courtroom in the Kansas Judicial Center to mark the state's 150th anniversary. Its first stop was the historic Supreme Court courtroom in the Kansas Statehouse. From there, and through the end of 2011, the court conducted special sessions in Salina, Greensburg, and Wichita. Since then, the court has held special sessions as follows:

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