This week, the Kansas Supreme Court filed decisions in 10 appeals. The full text of which is linked beneath these digests:

Appeal No. 103,508: State v. David Andrew Stevenson, affirming the defendant’s Gove County first-degree murder conviction. Unanimous decision authored for the Court by Justice Marla Luckert, rejecting defendant’s contentions of error in the state’s use of a “Wheel of Fortune” analogy in questioning jurors about reasonable doubt, in the trial court’s refusal to give a defense requested instruction defining reasonable doubt, and in giving a jury instruction admonishing the jury not to consider penalty in arriving at a verdict.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/103508.pdf

 

Appeal No. 105,215: State v. Mark D. Waggoner, affirming the defendant’s Jefferson County conviction of aggravated indecent liberties with a child and his resulting sentence of the hard 25 prison term under Jessica’s Law. Unanimous, authored for the Court by Justice Marla J. Luckert, affirming the convictions and prison sentence, except for provisions for lifetime postrelease supervision and lifetime electronic monitoring.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/105215.pdf

 

Appeal No. 104,504: State v. James Arthur Qualls, remanding a Topeka man’s first-degree murder case for a new trial based upon the failure of the trial judge to instruct the jury on the lesser-included offense of voluntary manslaughter. (5-2 decision arising from a fight at a local bar over a pool game in which Joseph Beier, one of the combatants, wound up getting shot 11 times.)  Writing for the majority, Justice Dan Biles said there was ample evidence to support the defendant’s premeditated murder conviction, but that the failure to also instruct the jury on the lesser-included manslaughter charge was reversible error. Justice Eric S. Rosen, however, in a concurring and dissenting opinion also agreed there was sufficient evidence to support the premeditated murder conviction, but would not have ordered a new trial with a voluntary manslaughter charge included in the jury instructions. Joining Justice Rosen in the dissent was Justice Nancy L. Moritz.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/104504.pdf

 

Appeal No. 107,022: State v. Michael J. Mitchell, affirming a Wyandotte County decision denying Mitchell’s motion to void his 1995 convictions of felony murder and possession of cocaine, which arose from a drug deal “gone wrong.” Unanimous, authored for the Court by Justice Lee A. Johnson, holding that there was no basis for relief under the Kansas statute relied upon.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/107022.pdf

 

Appeal No. 104,579: State v. Kevin Conrad, affirming his hard 25 prison sentence that was imposed following his Reno County guilty pleas to three counts of aggravated indecent liberties with a minor and one count of lewd and lascivious behavior, which were entered in exchange for the prosecutor’s dismissal of six additional charges. Unanimous, authored for the Court by Justice Nancy L. Moritiz, rejecting the defendant’s claim that the Jessica’s Law sentence is unconstitutional.  (A sentencing provision of his sentence for lifetime postrelease supervision was vacated as not legally permitted in the Jessica’s Law case.)

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/104579.pdf

 

Appeal No. 105,351: State v. Zachary Toahty-Harvey, affirming the defendant’s 60-month prison sentence, including lifetime postrelease supervision, which was imposed after he pleaded no contest in Douglas County to one count of aggravated indecent liberties with a child. Writing for a unanimous Supreme Court, Justice Lee A. Johnson noted that the downward departure 60-month sentence was imposed instead of a Jessica’s Law hard 25 sentence upon the recommendation of the prosecutor in return for the defendant’s plea.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/105351.pdf

 

Appeal No. 105,143: State v. Monty Carol Rogers, affirming the defendant’s hard 25 prison sentence that was imposed in Montgomery County after he pleaded no contest to aggravated criminal sodomy for his assault on a 7-year-old child.  Unanimous, authored for the Court by Justice Eric S. Rosen affirming the prison sentence but setting aside a provision for lifetime postrelease supervision.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/105143.pdf

Appeal No. 106,184: State v. Richard G. Jackson, remanding Jackson’s 310-month Wyandotte County prison term for resentencing in compliance with two state statutes, which require reasons for departure from Jessica’s Law sentences to be stated on the record, and if a departure is granted to impose it within the correct Kansas Sentencing Guidelines Act grid box. (Unanimous, authored by Chief Justice Lawton R. Nuss, remanding for resentencing for rape and aggravated criminal sodomy.)

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/106184.pdf

Appeal No. 101,341: State v. Samuel Joseph Rochelle II, affirming the defendant’s Saline County convictions and resulting 214-month prison sentence for aggravated criminal sodomy and aggravated indecent liberties with a child. Unanimous, authored by Justice Eric S. Rosen, rejecting defendant’s contention that the district court was required to make factual findings about whether the seating arrangement was necessary to her testimony before allowing a “comfort witness” (in this case, the child’s school counselor) to sit next to her. The Court also denied a cross-appeal by the state challenging the trial court’s departure from a Jessica’s Law hard 25 sentence.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/101341.pdf

 

Appeal No. 100,648: Daniel J. Stechschulte Jr. et al. v. A. Drue Jennings et al., reversing a Johnson County decision granting summary judgment to the defendants in a civil suit over the sale of a Leawood residence that sustained extensive water damage resulting from a heavy rain a few weeks after the sale was concluded.  Unanimous decision, authored for the Court by Justice Carol A. Beier, remanding to the district court for further proceedings.

https://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130412/100648.pdf

 

 

 

 

 

 

 

 

 

 

Congressman Steve King (R-Iowa) and Tim Huelskamp (R-Kansas) re-introduced the “No Hungry Kids Act,” H.R. 1503. The United States Department of Agriculture (USDA) has released new mandates that have left children across the nation hungry during the school day because of calorie rationing. The “No Hungry Kids Act” repeals this USDA regulation that created the new mandates, prohibits the USDA’s upper caloric limits, and protects the rights of parents to send their children to school with the foods of their choice.

Congressman Tim Huelskamp said: “The voluminous menu that’s good enough for the federal bureaucrats’ cafeteria should be good enough for our children’s school lunchroom. If USDA Secretary Tom Vilsack thinks the federal government should dictate what local governments put on their school lunchroom menus, why isn’t he leading by example? Secretary Vilsack should impose his ‘Nutrition Nanny’ standards on the USDA buildings’ cafeteria menus before the USDA seizes control of lunchroom menus in 100,000 school districts. The outcry of hungry schoolchildren has spread across the country ever since the high school students in Sharon Springs, Kansas publicized their protest via YouTube (see https://youtu.be/do3Se8owzlY ).”

Congressman Steve King said: “Today I introduced the ‘No Hungry Kids Act’ because spring is here,” said King.”It’s baseball season, and it’s time to be outside exercising and playing, but also studying and learning. We passed the [Healthy, Hunger-Free Kids Act] here in Congress in order to make sure that the kids going to school got enough to eat. And now we have the USDA capping the calories, putting every American student on a diet. They’ve limited the amount of calories that you can have and described the kind of nutrition that you must have, and it’s everyone on a diet. My ‘No Hungry Kids Act’ eliminates the calorie cap and puts them back to rewriting the rule again, so that these schools can serve our students as much nutritious food as they want, so that our students can grow and learn and excel, in school and out of school- in the classroom and on the baseball field.”

Congressman Steve King released the following video today after re-introducing the “No Hungry Kids Act,” H.R. 1503.

ttp://www.youtube.com/embed/aqgvsuH9bio?list=UUvdJ–cxsVyght3ZDise0mw” frameborder=”0″ allowfullscreen>

 (AP) – A Garden City company has been acquired by an international diversified metals company.

Worthington Industries announced Thursday that it had acquired Palmer Manufacturing, which employs about 200 people in Garden City. The financial details were not disclosed.

Palmer Manufacturing makes equipment for the oil and gas industry, as well as custom manufactured fiberglass tanks for agricultural, chemical and general industrial applications.

Palmer Manufacturing owner Cecil O’Brate says the Garden City plant will continue to be used and none of its employees will lose their jobs. He says Worthington plans to double the plant’s productivity and add employees.

Worthington said in a news release that the acquisition fits the company’s structure to expand in the oil and gas industry and broaden its energy product offerings.

Investigators are looking into the deaths of three people in and around a home that burned in southeastern Kansas.

KOAM-TV reports the Bourbon County sheriff’s office confirmed Friday that the bodies of a child and an adult were found Thursday in the wreckage of the home near Fort Scott.

The body of a male was discovered in a vehicle outside the home.

The state fire marshal and the Kansas Bureau of Investigation are looking into the blaze, which broke out Wednesday afternoon.

Names and other details about the three people found dead have not been released, and the bodies were taken to Kansas City, Kan., for autopsies.

 

(AP) — A Kansas fourth-grader says she thought she was going to die before her teacher saved her from choking on a mint.

The episode happened Thursday at the elementary school in the town of Grandview Plaza, located just east of Junction City.

Grandview Elementary teacher Stephanie Chabon (chuh-BAWN’) was about to administer a state assessment test when pupil Connie Nellis began choking on a mint.

Chabon says the 9-year-old girl jumped and started gesturing that she couldn’t breathe. Chabon administered the Heimlich maneuver, and the mint popped out after a couple of squeezes.

Connie got a drink of water, thanked her teacher and sat down to take the test.

Chabon says she’s been taking first aid classes since college and gets recertified each year.

 

Closet Classic ~ Rock Archive

The Band
It Makes No Difference
The Last Waltz

 

 

 

Family Fun Fest, put on by Hays Area Children’s Center, is Saturday, April 13th at The Mall from 1-4 p.m.!  Bring the family out!

Other Hays Mall  Happenings include:

• Christopher & Banks and CJ Banks is having their Family & Friends Event April 10th-15th!  Make sure you check out the big sale!
• Redeem your ruebucks at rue21! At least $20 off of any $40 purchase! Now-April 22nd!!
• Benefit Sale this Saturday, tomorrow, at The Mall in the former Fashion Bug space! Make sure you stop in and have a look at all the goodies!
• BOGO going on at Payless!! Hurry in to see their new arrivals!!

 

Stay in the loop on all of The Mall activities by becoming our Facebook Friend

 

 

2:54p.m.    An Amber Alert for a missing 8-month-old girl has been canceled after the baby was found safe at a hospital in Grove, OK.

The Child’s father is still missing.

 

9:30 a.m. Kansas Highway Patrol reports the suspects in this Amber Alert may be heading to Kansas

The suspects are driving a TAN 2003 CHEVROLET Silverado WITH THE OKLAHOMA LICENSE PLATE OF 474-HLD

 

(AP) – Authorities in Oklahoma are searching for an 8-month-old baby who went missing as Department of Human Services workers were preparing to take the girl into emergency custody.

Authorities issued an Amber Alert early Friday for Carolinn Altaffer. The Delaware County Sheriff’s Office says investigators believe the girl’s parents took the child and say they may be headed to Kansas.

According to the Amber Alert, Carolinn is “extremely malnourished” and requires immediate medical treatment.

Authorities are searching for a tan 2003 Chevrolet pickup with the Oklahoma license plate of 474-HLD.