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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. Monday, April 1, 2019, Lied Center, Lawrence

Special Session Program

The Kansas Supreme Court heard oral arguments in Lawrence as part of its ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

It was the court's first visit to Lawrence in its 158-year history and the 10th time the court heard cases in the evening. About 800 people came to watch the oral arguments, setting a new record for attendance at the evening sessions.


Cases on Docket

Cases to be heard are listed on the docket for this special session. Summaries of the cases heard, and briefs filed by the attorneys involved in the cases, follow.

Appeal No. 119,269: Dwagfy's Manufacturing Inc., d/b/a The Vapebar Topeka and Puffs 'n' Stuff LLC (appellee) v. City of Topeka, Kansas, a Municipal Corporation and the Governing Body of the (appellant)

Attorney for Appellant: Mary Feighny, deputy city attorney
Attorneys for Appellees: Robert E. Duncan II

Shawnee County: (Civil Appeal) This case was filed as an action for declaratory judgment and quo warranto concerning a challenge to City of Topeka Ordinance No. 20099. On December 5, 2017, the City of Topeka governing body passed Ordinance No. 20099, making it unlawful for any person to sell, furnish, or distribute cigarettes, electronic cigarettes, tobacco products, or liquid nicotine to any person under age 21, or to buy any of these products for a person under age 21. Dwagfy's sought a temporary restraining order and permanent injunction of the ordinance. The district court granted the temporary restraining order and later permanently enjoined the City from enforcing the ordinance. The City appealed and the case was transferred to the Kansas Supreme Court. Issues on appeal are whether: 1) the Kansas Cigarette and Tobacco Products Act, K.S.A. 79-3301 et seq., pre-empts the City of Topeka from prohibiting the sale, furnishing, or distribution of cigarettes, electronic cigarettes, tobacco products, or liquid nicotine to persons under age 21 and the purchase of these items for a person under age 21; and 2) Ordinance No. 20099 conflicts with the Kansas Cigarette and Tobacco Products Act, which prohibits the same activity but only for persons under age 18.


Appeal No. 117,143: State of Kansas (appellee) v. Jason L. Rucker (appellant)

Attorney for Appellant: Jeffrey Leiker
Attorney for Appellee: Derek Schmidt, attorney general, and Daniel Obermeier, assistant district attorney

Wyandotte County: (Criminal Appeal) In 1997, Vicky Ernst was found murdered in her home, which had been ransacked. The case went cold until 2006, when a DNA match identified Torry Johnson as a suspect. Johnson told investigators it had been a failed drugs-for-sex deal and implicated Rucker and someone else in the murder. A jury convicted Rucker of felony murder. Issues on appeal are whether: 1) there is sufficient evidence to support Rucker's felony murder conviction, specifically the underlying felonies of aggravated burglary, robbery, rape, and aggravated kidnaping; and 2) the trial court erred in admitting photographs of the victim.


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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