LARNED — The Kansas Court of Appeals will hear nine cases during a two-day period at the Pawnee County Courthouse May 15-16. Sessions begin at 9 a.m. May 15 and 16.
Here are the summaries of the cases scheduled to be heard.
• Gordon Barnhardt, Larry Haverfield, and Elizabeth Haverfield v. Board of County Commissioners of Logan County, Case No. 105,178, (Logan County) — Logan County appeals the district court’s granting of summary judgment to the plaintiffs to permanently enjoin Logan County from eradicating an infestation of prairie dogs on the plaintiffs’ property. This case concerns, in part, whether the federal Endangered Species Act which lists black-footed ferrets as an endangered species preempts K.S.A. 80-1202 which provides counties the statutory authority to exterminate prairie dogs which are the natural prey of the black-footed ferret.
• State of Kansas v. Sandra A. O’Dell, Case No. 105,311, (Stevens County) — In this criminal case, Sandra A. O’Dell claims the Stevens County District Court committed numerous trial errors which resulted in her conviction for two counts of traffic in contraband in a correctional institution.
• Victor Hildyard, M.D. v. Citizens Medical Center, Inc., Case No. 105,468, (Thomas County) — Victor Hildyard, M.D., lost his privileges at a hospital operated by Citizens Medical Center, Inc. He sued for breach of contract and violation of antitrust laws, but the district court held the hospital had immunity under federal and state law. Dr. Hildyard argues on appeal that the hospital is not immune from damages.
• Hayden Outdoors, LLC v. Delmer Zweygardt, et al., Case No. 105,550, (Sherman County) — This is an appeal regarding brokerage fees due under a contract for the listing and sale of over 22,000 acres of land in five northwest Kansas counties. The judge awarded partial fees to the real estate broker. The landowner has appealed arguing that no fees were owed, and the real estate broker has cross-appealed arguing the judge improperly reduced the amount of the fees.
• State of Kansas v. Jerry J. Wray, Case No. 105,877, (Rooks County) — Jerry J. Wray was the passenger in a vehicle stopped for speeding and a loud muffler. An investigation revealed drugs and drug paraphernalia in Wray’s pocket and in the vehicle. Wray argues on appeal that the evidence should be suppressed because he was illegally detained during the traffic stop and illegally searched.
• State of Kansas v. Fred Stephen Schmidt Jr., Case No. 106,568, (Finney County) — The State of Kansas appeals the decision of the Finney County District Court finding there was insufficient evidence to establish probable cause to bind the defendant over for trial on charges of felony murder and aggravated robbery.
• State v. Bobby G. Stensland Case No. 106,652, (Seward County) — The defendant appeals the district court’s denial of his motion to withdraw his guilty pleas to kidnapping and aggravated robbery prior to sentencing. The defendant contends that at the time of his pleas he was mistaken about his prior juvenile history which adversely affected his sentencing.
• Dumler v. Kansas Dept. of Revenue, Case No. 106,748, (Russell County) — Robert Blake Dumler appeals the ruling of the Russell County District Court affirming the suspension of his driving privileges because he failed a breath test. He contends his request to speak with a lawyer made before he took the breath test was sufficient to protect his right and the suspension should be set aside because he was not allowed to contact a lawyer after taking the test.
• State v. LaRue, Case No. 105,464, (Ellis County) — Michael LaRue appeals from an August 2010 verdict of an Ellis County jury convicting him of driving under the influence, battery of a law enforcement officer, and obstruction of the officer’s official duty. LaRue contends the district court judge erred in refusing to suppress evidence related to the charges and that the evidence submitted to the jury failed to support the battery and obstruction charges.