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

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

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


Supreme Court Traveling Docket

6:30 p.m. Tuesday, October 4, 2016 Hutchinson Community College

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Special Session Program

The Kansas Supreme Court selected Hutchinson Community College as its next destination in its ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

It will be the Supreme Court's first visit to Hutchinson in the court's 155-year history, and it will be the fifth time the court will hear cases in the evening. The court's first evening session was in April 2015 in Hays and it drew a record crowd of nearly 700 people.

The public is invited to observe the proceedings as the court hears oral arguments in two cases. After the session concludes, the justices will greet the public in an informal reception in a room adjacent to the B.J. Warner Recital Hall in the Stringer Fine Arts Center.

The court will publish a booklet 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, will be available on this page a couple of weeks before the special session.

Viewing Oral Arguments in Person

The public is invited to attend the special session to hear oral arguments in person. Court will be in session from 6:30 p.m. to about 8 p.m. Tuesday, October 4, in the 422-seat recital hall located in the Stringer Fine Arts Center at 600 East 11th Avenue on the Hutchinson Community College campus.

If you want to attend the special session, plan to arrive before 6 p.m. to allow time to get through security screening.

Talking during oral arguments is prohibited. If you arrive after proceedings start, or you must leave the auditorium before it ends, be as quiet as possible entering and exiting the auditorium. Also, do not talk in the hallway outside the auditorium.

To get through security screening as quickly as possible, follow these guidelines:

  • Do not bring large bags, large purses, backpacks, computer cases, or briefcases.
  • Do not bring knives, pepper spray, firearms, or weapons.
  • Do not bring electronic devices like laptop computers, handheld games, personal digital assistants, or tablets. If you have to carry a cell phone, it must be turned off or its ringer silenced, and it must be stored out of sight.
  • Do not bring food or drink.

Court and school staff will not be responsible for property left outside the auditorium.

View Oral Arguments Online

If you can't attend in person, watch a live webcast of the oral arguments online at Watch Supreme Court Live! accessible from the judicial branch website at www.kscourts.org. Another option is to watch an archived recording of the proceedings at another time.

Cases on Docket

Cases to be heard are listed on the docket for this special session. Following are summaries of the cases, questions before the court, and legal briefs filed by the parties:

Appeal No. 111,282: State of Kansas v. Gerald E. Cleverly Jr.

Attorney for Appellant (Gerald E. Cleverly, Jr.): Carol Longenecker Schmidt, Kansas Appellate Defender

Attorneys for Appellee (State of Kansas): Derek L. Schmidt, Attorney General; Joseph M. Penney, Assistant County Attorney

Butler County: (Petition for Review) Officers stopped a vehicle and the driver gave them permission to search it. The driver and passenger Cleverly were patted down before officers searched the vehicle and found contraband tied to the driver. Officers asked and received permission to search possessions of passenger Cleverly. They found a bag of methamphetamine in a pack of cigarettes. The state charged Cleverly with possession of methamphetamine. After the district court denied Cleverly's motion to suppress the search results, the parties submitted the case for a bench trial and Cleverly was found guilty. The Court of Appeals held that detaining driver and passenger during the vehicle search was voluntary and consensual, but the pat down once Cleverly exited the vehicle was illegal because officers lacked reasonable suspicion that he was armed and dangerous. However, the subsequent consensual search of Cleverly's possessions was permissible despite the prior illegal pat down search.

Issues on review are whether Cleverly's detention was voluntary and consensual, and whether the district court erred in denying Cleverly's motion to suppress.

Appeal No. 113,037: Wagner Interior Supply of Wichita, Inc. v. Puetz Corporation and United Fire & Casualty Co.

Attorney for Appellant (Wagner Interior Supply of Wichita, Inc.): Vincent F. O'Flaherty

Attorney for Appellees (Puetz Corporation and United Fire & Casualty Co.): Ryan M. Peck

Sedgwick County: (Petition for Review) Puetz Corporation was the general contractor for the design and construction of a Holiday Inn Express Hotel owned by Wichita Hospitality Group. Puetz subcontracted drywall work to Dynamic Drywall and paid Dynamic for materials and services. Dynamic obtained the materials from Wagner Interior Supply. Dynamic failed to pay $108,162.97 owed to Wagner. Wagner demanded payment from all parties, but no one paid. Wagner then filed a lien statement, but the document incorrectly identified Dynamic Drywall instead of Puetz as the general contractor and did not name Wichita Hospitality as the owner. Wagner never corrected the lien statement. Later, Puetz filed a bond to release the lien. Wagner filed a petition to recover under the bond, claiming the misidentification of the parties in the lien statement did not matter because it was not required to show that it had perfected its lien. The district court disagreed and granted summary judgment to Puetz. The Court of Appeals, in reversing the district court, ruled that pursuant to the plain language of the statute, filing a bond to release a lien discharges a mechanic's lien, even if the lien was not perfected. Issues on review are whether the Court of Appeals erred in reversing the district court and finding that: 1) by posting a bond, Puetz waived all claims regarding the disputed lien's undeniable imperfections; and 2) the disputed lien was discharged and eliminated by posting the bond, rather than allowing the disputed lien to be the subject of litigation in the bond proceeding.

Supreme Court Traveling Docket

In 2011, the Supreme Court convened outside its Topeka courtroom in the Kansas Judicial Center to mark the state sesquicentennial. 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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