September 2, 2014

Court of appeals to hear cases at JCCC

The Kansas Court of Appeals will hear oral arguments in six cases on Tuesday, April 16, at Johnson County Community College.
Presiding Judge Stephen D. Hill, along with Judges G. Joseph Pierron, Jr., and Kim R. Schroeder, will be in session from 9 a.m. to 11:30 a.m. and resume at 1:30 p.m. The event will be held in Hudson Auditorium in the Nerman Museum of Contemporary Art.
The court welcomes observers, who can stay as long as they wish. The Court of Appeals has held hearings at the college for years, hosted by the college’s paralegal program. Their visits provide a wonderful opportunity for students and members of the public learn more about the judicial system, said Anita Tebbe, chair of the college’s paralegal program.
Here are the cases that will be heard.
• Jesus Rodriguez, By and Through His Next Friend and Natural Mother, Graciela Rodriguez versus Unified School District 500, et. al., Case No. 107,174, Wyandotte County
Jesus Rodriguez, a member of his school’s soccer team, was injured during a car accident on the way to a school soccer game. Jesus was traveling in a private vehicle with another student. When Jesus attempted to obtain coverage for his injuries under the school district’s catastrophic injury insurance policy, the insurer – Mutual of Omaha – denied coverage. The district court upheld the denial of coverage, ruling Jesus’ travel was not “covered travel” as defined by the insurance policy.
FV-1, Inc. in trust for Morgan Stanley Mortgage Capital Holdings, LLC v. Constance Kallevig, et. al., (Bank of the Prairie), Case No. 108,706, Miami County
This is a civil case that raises the issue of splitting a mortgage and its promissory note. A junior lienholder, Bank of the Prairie, claims that its lien is superior because the original lienholder, GMAC Bank, split the mortgage and its promissory note, thereby losing its right to enforcement. The district court granted Bank of the Prairie’s motion for summary judgment based on this theory; FV-1 appeals.
• State v. D’Shaun J. Butler, Case No. 106,501, Johnson County
A jury convicted Butler of kidnapping, two counts of domestic battery, and harassment by telephone, criminal damage to property and two counts of intimidating a witness. Prior to sentencing, Butler filed a motion for a downward durational departure from the sentencing guidelines. The district court denied the motion and, using his prior criminal history to place him in criminal history category C, sentenced him to 102 months in prison for kidnapping and 24 months in prison for the remaining counts.
• State of Kansas v. Amy Lynn Crutchfield, Case No. 106,541, Johnson County
Police saw Crutchfield leave her Overland Park hotel room and enter a vehicle with an improper tag. She consented to a search of the vehicle, which yielded evidence of identity fraud. Police ended up arresting her boyfriend, searching her hotel room and finding a meth lab inside. She was convicted of manufacture of methamphetamine (meth), possession of precursor drugs (pseudoephedrine and iodine), and 15 counts of identity fraud and sentenced to 60 months of probation with an underlying controlling sentence of 138 months in prison.
State of Kansas v. Roy Wetrich, Case No. 106,002, Johnson County
In 2010, a jury convicted Roy Wetrich of kidnapping, two counts of aggravated assault, felony possessions of a firearm, possession of marijuana, violation of a protective order, intimidation of a witness and domestic battery. Wetrich received a sentence of 124 months of incarceration. On appeal, Wetrich challenges the district court’s findings of facts and conclusion of law regarding an evidentiary ruling during trial and Wetrich’s challenge to the scoring of a prior conviction in the pre-sentence investigation report.
• State of Kansas v. Scott Edward Tilson, Case No. 108, 253, Johnson County
Officer Lucas Sitton stopped Scott Edward Tilson, who was walking alongside a road at approximately 3 a.m. Sitton was searching for Tilson, whose vehicle had just been involved in a hit-and-run accident. A friend of Tilson had previously made a report that Tilson told her he was going to hurt himself. The district court denied Tilson’s motion to suppress the evidence obtained from the stop.

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