Court of Appeals panel begins two-day stint in Cottonwood Falls

A three-judge panel with the Kansas Court of Appeals is in the midst of a two-day stop in Cottonwood Falls.


Judges Michael Buser, Gordon Atcheson and Anthony Powell are hearing 18 cases at the Chase County Courthouse between Tuesday and Wednesday. Eight of those take place Tuesday, including oral arguments Tuesday on two of three Lyon County cases on the docket.

In the case of Kansas v. Steven E. Horton, Horton filed an appeal contending law enforcement illegally entered his Emporia apartment because they did not have probable cause. Horton had been arrested as law enforcement conducted a search warrant at his residence, listing a smell of marijuana and the sound of a flushing toilet as grounds for an additional search and the subsequent discovery of incriminating evidence. Horton's original motion to suppress all related evidence in the original case was denied in Lyon County District Court.

Meanwhile, in the case of Kansas v. Christopher Brooks, Brooks appealed his 2014 convictions of distributing methamphetamine within 1,000 feet of a school and other drug-related charges, saying there were jury instruction errors, a double jeopardy violation based on the convictions for meth distribution and possession, insufficient evidence and other errors.

On Wednesday, the panel will decide 10 cases based on written submissions from involved parties. One Lyon County case is on that list:

In Kansas v. Jose Rodriguez, the appeal is based on a car stop that allegedly led to the discovery of illegal drugs. Rodriguez, a passenger in Joni Beemer's vehicle, allegedly gave Beemer three bags of methamphetamine to hide in her pants during the traffic stop. Beemer told law enforcement about the drugs and Rodriguez was later convicted on charges including possession of meth with intent to distribute. Rodriguez appealed on grounds of insufficient evidence and jury instruction errors.

The Horton, Brooks and Rodriguez cases are the only area cases on the Cottonwood Falls docket. Decisions in Tuesday's cases may not be announced until the end of the year. 

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Last modified on Wednesday, 11 April 2018 10:13