Two Lyon County cases on Court of Appeals panel docket for Emporia stop next week

The Kansas Court of Appeals will have a three-judge panel in Emporia next week.


The panel will hear oral arguments May 20 and 21 at the Lyon County Courthouse. On the panel will be Chief Judge Thomas Malone, Senior Judge Daniel Hebert and Judge David Bruns.

Twelve cases will appear before the panel over the two days, including two cases stemming from Lyon County:

Kansas v. Matthew Fisher went to the Court of Appeals because Fisher appealed both his convictions for both attempted second-degree murder and criminal property damage, as well as his sentence. Fisher was convicted of trying to kill one roommate while trying to get information about another roommate's location.

Meanwhile, Kansas v. Misael Segovia was sent to the appellate court after Segovia challenged his sentence for felony theft on several grounds. Segovia says the district court imposed what's called an "upward dispositional departure" without the facts being proven without a reasonable doubt. He also says the district court did not provide adequate notice of its intent to sentence him in such a manner. In addition, he says there weren't enough reasons for an upward departure sentence and he says the court was wrong by increasing his sentence based on his prior criminal record.

Written decisions on all the cases heard in Emporia should be issued within 60 days.

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