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Month: March 2018

Kan. Supreme Court announces cases for special session at Colby High

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Chief Justice Lawton Nuss

TOPEKA — The Kansas Supreme Court announced the two cases it will hear in a special session Monday, April 9, at Colby High School, the next destination in the court’s ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

The court will be in session from 6:30 p.m. to about 8 p.m. CDT in the Colby High School Auditorium, 1890 S. Franklin Ave., Colby.

After the session concludes, the justices will greet the public in an informal reception in the commons area outside the auditorium.

“The Supreme Court extends a personal invitation to the people of Colby and surrounding communities to come see your state’s highest court in action,” said Chief Justice Lawton Nuss. “It’s a much more personal experience than watching the online broadcasts we’ve provided of all our court sessions since 2012. Plus, we get the pleasure of visiting with you afterward.”

The April 9 docket includes the following cases:

Appeal No. 112,573: State of Kansas (plaintiff – appellee) v. Daniel Barlett (defendant – appellant) Barlett’s cousin shot and killed Chad Ford. Barlett was charged with aiding and abetting a felony murder and criminal discharge of a firearm. A Wyandotte County District Court jury convicted Barlett of the latter offense. Barlett later pleaded guilty to voluntary manslaughter. The Court of Appeals affirmed the convictions. Issues center on whether various jury instructions were proper, the district court’s refusal to declare a mistrial, and whether Barlett received a fair trial.

Appeal No. 115,434: LCL LLC (plaintiffs) v. James W. Falen, in his capacity as sole trustee of the James W. Falen Living Trust U/A dated April 30, 2007; Julie D. Falen; Gregory A. Falen; and Maryl M. Wesolowski (defendants/third-party plaintiffs – appellants) v. Rice County Abstract and Title Co. Inc. (third-party defendants – appellee) The Falens sold real estate in 2008 but retained the mineral interests. The contract reflected the retained interest, but the deed did not. When the property was sold in 2014 to LCL, the deed again did not reflect mineral rights ownership. When it was discovered, Rice County Abstract and Title asked LCL to deed the mineral rights to the Falens. Instead, LCL claimed ownership. The Falens sued RCAT for breach of implied contract and fiduciary duty. Rice County District Court ruled for RCAT because the statute of limitations had expired. The Court of Appeals ruled the Falens could pursue claims of negligence and breach of fiduciary duty but not breach of implied contract. Issues focus on the application of the statutes of limitations.

Summaries of the cases and briefs filed by the attorneys involved are available online by following the Colby Special Session link under What’s New on the Kansas judicial branch website at www.kscourts.org.

Anyone who wants to attend the special session should plan to arrive early to allow time to get through security screening.  The doors open at 6 p.m. CDT. Court security offers these guidelines to ease the process:

  • Do not bring food or drink.
  • Do not bring large bags, large purses, backpacks, computer cases, or briefcases.
  • Do not bring knives, pepper spray, firearms, or weapons.
  • Do not bring electronic devices like laptop computers, handheld games, personal digital assistants, or tablets. If you must carry a cell phone, turn it off and store it out of sight while court is in session.

Audience members are prohibited from talking during oral arguments because it interferes with the attorneys’ remarks and questions asked by the justices. If someone arrives after proceedings start, or must leave the auditorium before it ends, he or she should be as quiet as possible entering and exiting the auditorium. Talking immediately outside the auditorium is also discouraged.

The special session will also be broadcast live over the Internet. The livestream may be accessed selecting the Watch Supreme Court Live! link on the judicial branch home page at www.kscourts.org.

Colby is the court’s 15th destination since 2011, when it first convened outside of the Kansas Judicial Center to mark the state 150th anniversary.

Stops in 2011 included the historic Supreme Court courtroom in the Capitol, and locations in Salina, Greensburg, and Wichita. The court visited Overland Park in 2012; Pittsburg in 2013; Kansas City in 2014; Hays and Garden City in 2015; Topeka, Hiawatha, and Hutchinson in 2016; and Winfield and Emporia in 2017.

The court started conducting evening sessions when it visited Fort Hays State University in April 2015. That event drew a crowd of nearly 700 people. Subsequent evening sessions have also drawn crowds numbering in the hundreds.

KNOLL: It’s all about common sense

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Les Knoll

Unfortunately, common sense too often is totally lacking in today’s world of American politics. Sound judgment, facts, logic and reality takes a back seat to emotion. One could easily write a book about this dilemma since the lack of common sense has become far too often the common modus operandi.

It is safe to say, lack of plain old common sense is a major problem on both sides of the political aisle. I can prove, however, what is lacking is far more prevalent when we look at agendas and issues coming from the left.

For example, as I wrote in my last letter, does it make sense to give illegals called Dreamers special privileges and favoritism over American citizens? Obviously, that agenda clearly lacks sound judgement. Most of us have enough sense to know the underlying motive of catering to illegals by the left is to swing elections to the Democrat Party. No, obviously, most Americans are not going to support such a ridiculous agenda.

Where in the Good Lord’s name is the common sense with sanctuary cities harboring illegals, many of whom have criminal records? Making residents in these cities less safe is lunacy.

Who in their right mind favors gun free zones in our schools and along with that supports advertising with huge signs there are no weapons on the premises? Where’s the sound judgment or logic by the left if we wish to provide a safe place for our children?

Where’s the common sense where everybody should now give up our Second Amendment right to protect ourselves because 17 students (as horrific as that was) were murdered?. At the same time, the gun-grabbing liberals look the other way as poor defenseless unborn babies are killed at the rate of over two thousand per day. That is the height of hypocrisy which makes no sense whatsoever.

It’s a fact that higher taxes will cause American businesses and corporations to move to foreign countries where taxes are lower. Why wouldn’t they? Lower taxes means more jobs stay in these United States. Common sense alone would tell us the higher taxes usually proposed by the left isn’t the answer in creating a good economy.

When it comes to our economy and jobs, the more people working the more taxes are paid to the government. The fewer taxes businesses have to pay the more they can afford to hire additional personnel and at higher pay. It’s a no brainer! It’s a win win for all that are involved. It’s just plain old common sense that the left fights against.

No voter ID to vote makes no sense period. Arguments for no ID don’t hold up in the realm of reality in as much IDs are needed for everything else. It does not take a rocket scientist to figure out why the left fights against voter IDs. It’s obviously about cheating at the polls.

If 95% of mainstream media is negative toward President Trump and 95% of journalists in the media donated to Hillary for president, common sense alone shows Trump will not get a fair shake. In fact, it is reasonable to expect a lot of distorted and fake news about our duly elected president coming from destroy Trump media.

If Obama does something and nothing is said by media, but goes ballistic when Trump does the same thing it clearly shows that hypocrisy and common sense have nothing in common.

The worst scenario is Obama giving billions to Iran to develop nuclear weapons. Why was it necessary to give the world’s greatest sponsor of terrorism another fortune of taxpayer monies in the middle of the night and in cash? It’s hard to find the words to describe the stupidity (pardon my language).

There’s a second one nearly as bad as the one just mentioned. Obama and Hillary sold U.S. uranium to Russia. Uranium is used to develop nuclear weapons and we don’t even have enough of this ingredient for our own development.

Why would any open minded patriotic American with common sense get caught up with silly personal stuff about Trump and overlook the president’s many accomplishments. For example, Drudge Report recently showed people without jobs plunged to a 49 year low. Incomes are up the most in five years and manufacturing expands at fastest pace since 2004. And, that isn’t even half of the great results and accomplishments by our president.

This writing is just a partial list of an endless number of agendas and issues that should be obvious to anybody with an open mind.

One’s opinion about politics and the issue I address in this letter is not the same thing. Far from it.

Using one’s head and not just heart needs to rule the day in November when we go to the polls for mid-term elections.

Les Knoll lives in Victoria and Gilbert, Ariz.

🎥 Amazing Race raises funds for First Call for Help

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By CRISTINA JANNEY
Hays Post

Whether it was fighting a brain freeze while eating a snow cone, gingerly building a house of cards or relearning how to ride a tricycle, teams were out to win for a good cause Saturday during First Call for Help’s Amazing Race.

Seven teams of four took to the streets of Hays on Saturday morning to decipher clues and overcome challenges to raise money for the First Call for Help.

The Ellis County Sheriff’s Department’s team — Even Troopers Need Heroes — won the race with a time of 2:03:33. The name for the team was a jab at rival team, the Kansas Highway Patrol troopers.

Brian Shannon of the Ellis County Sheriff’s Department said the escape room at A2Z Escape was the most difficult challenge in the race. The team had to figure out how to unlock a series of locks. Shannon said he had the most fun at Centennial Lanes, where the team had to bowl granny-style wearing cotton winter gloves. The team was required to knock down 50 pins. They finished that challenge fairly quickly, despite the handicap of the slick gloves.

“We try to do a couple of these a year. This is the first time we’ve done it, and we thought it would be pretty fun. We put it together and went out and got some donations,” Shannon said.

The team raised $300 for the cause. Shannon said he thought the team worked well together and that was the secret to their success.

Sheriff’s Det. Brad Ricke said, “We had an enjoyable time, and it was fun seeing all the other different teams that are here. We have an attorney team here and another law enforcement team here and teams from Fort Hays. It created a lot of competition, and it’s a fun competition because everyone wants to be first. Everyone wants to get a little bit of ahead of the other team, but in the end, everyone is having a great time and sharing in the same great experience for all of us.”

SkyWest’s Lost Articles team won best costume. The team came in baggage handler safety vests and ear protection.

The largest fundraiser was the Kiwanis Club, which sponsored its own group as well as two other groups of sorority members and members of the FHSU football team.

“We at Kiwanis are definitely trying to let the community know that we are involved in the community. We do things in the community especially related to kids and families, so it was a great way to sponsor some teams and get more people involved. First Call for Help got some money also those teams were introduced to Kiwanis and what they do in the community,” said Kiwanis team member Michele Springer.

Springer said stacking cards at The Gamers Guild and riding a tricycle in an obstacle course at Big Creek Crossing were the most difficult challenges.

Sami Montgomery with the Sigma Sigma Sigma team encouraged others students to participate in the Amazing Race in the future. She said students can find sponsors as their team did this year with the Kiwanis.

“It is a real good way to get Fort Hays out into the community,” she said. “I know a lot of people don’t see that. In Greek life, not a lot of people see what we do. We not only helped a good cause like First Call for Help, but it also helped us get our name out there.”

Among the other challenges was a public service project. The team members helped paint sections of a wall in First Call for Help’s new building on 13th Street.

The money raised from the Amazing Race will go to a fund that will help local residents with rent and utility needs.

“I thought it was a really fun event. We had seven teams participate, and they did a good job for our emergency crisis fund to help Ellis County residents in need,” Laura Shoaff of First Call for Help and event organizer said.

Shoaff said she the amount raised has yet to be totaled.

Cool, windy Tuesday

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Today Increasing clouds, with a high near 48. Very windy, with a northwest wind 29 to 34 mph increasing to 35 to 40 mph in the morning. Winds could gust as high as 60 mph.

Tonight Clear, with a low around 20. Windy, with a north northwest wind 19 to 29 mph decreasing to 8 to 18 mph after midnight. Winds could gust as high as 40 mph.

Wednesday Sunny, with a high near 53. Northwest wind around 9 mph.

Wednesday Night Clear, with a low around 20. North wind 5 to 7 mph becoming light and variable.

Thursday Sunny, with a high near 62. South wind 6 to 10 mph.

Thursday Night Mostly clear, with a low around 32.

Friday Mostly sunny, with a high near 73.

Wildfire burns 1600 acres in southwest Kansas

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Fire crews working Monday in Clark County-photo courtesy KWCH

CLARK COUNTY —The wildfire in Clark County is out, according to a social media report from the sheriff’s department. The fire burned an estimated 1600 acres west of Ashland. Crews were still on the scene monitoring hot spots overnight. A truck driving in high grass is believed to have started the fire.

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TOPEKA, Kan. (AP) — A wildfire broke out in southwestern Kansas, burning 1,600 acres so far and forcing residents in the area to evacuate.

Clark County Emergency Manager Millie Fudge says firefighters stopped the fire Monday about three miles south of Ashland, but it has broken off toward the east and the fire is not yet contained.

Local, state and Oklahoma firefighters are responding to the blaze on the ground and with an air tanker.

Fudge says the blaze began when a truck caught fire on Kansas 160 outside Ashland, and quickly spread with the help of 20-30 mph winds. By early afternoon the fire was 3 miles long.

Fudge doesn’t know if the fire destroyed any homes. She says the sparsely populated area outside of Ashland, which is most threatened, has been evacuated.

Significant Fire Rages in Northeastern Ellis County

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ELLIS COUNTY

An estimated 100 firefighters from Ellis, Rooks, Russell and Trego counties – with helicopter support from the Kansas National Guard – are battling a blaze that stretches for approximately five miles across the northeastern section of Ellis County. Ellis County Director of Fire and Emergency Management Darin Myers estimates the blaze is currently only 25 percent contained. “Every time I think we’ve got the upper hand, the wind shifts again,” said Myers.

At least one of those wind shifts has been positive for area residents. Emergency officials earlier considered evacuating the community of Catharine, but have no plans to do so at present. “The smoke is blowing away from Catharine at this point,” said Myers.

Myers anticipates that fire crews will be on scene most of the night. Donations of water, sports drinks and non-perishable snack foods to support fire crews are being accepted at the Emergency Services Building, 1105 E. 22nd Street in Hays. No cash donations are being accepted at this time.

Ellis County residents are reminded that a burn ban is in place for unincorporated portions of the county.

New director of environment named at KDHE

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Leo Henning

KDHE

TOPEKA – After serving on an interim basis following the retirement of former director John Mitchell, Leo Henning was officially named the Director of Environment for the Kansas Department of Health and Environment on Friday, March 2, 2018.

“I have received outstanding feedback from both internal and external stakeholders regarding Leo’s approach and the actions he has taken during his short time as interim director,” Acting Secretary Jeff Andersen said. “I have great confidence in Leo’s leadership going forward in the Division of Environment.”

Henning, who has worked at KDHE for 25 years, has been the Director of the Bureau of Environmental Remediation for the past four years. The Bureau of Environmental Remediation consists of the petroleum storage tank program, state and federal superfund program, Brownfields, voluntary clean-up program, dry cleaning program, orphan site program, federal facility program and several long-term stewardship programs. He also served as the Deputy Director of the Division of Environment for the past six months where he directed the activities of all the environmental programs at KDHE.

Henning received a bachelor’s and master’s degree in geology from Wichita State University and is a licensed professional geologist. He is a native of Wichita, Kan., and is married with two children and three grandchildren.

Former Ness County man sentenced to 14 years for child sex crimes

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NESS CITY – (March 5, 2018) – A former Ness County man was sentenced Monday to 14 years in prison for child sex crimes, Kansas Attorney General Derek Schmidt said.

Jason Anthony Crawford, 24, formerly of Utica, pleaded no contest in September to one count of rape and two counts of attempted aggravated solicitation of a child. Chief Judge Bruce T. Gatterman sentenced Crawford to 168 months in the Kansas Department of Corrections. Crawford is also subject to lifetime post-release supervision and sex offender registration. The crimes occurred between September 2012 and March 2013.

The case was investigated by the Kansas Bureau of Investigation. Acting Deputy Attorney General Melissa Johnson of Schmidt’s office prosecuted the case.

Former Kan. high school teacher sentenced for sex with student

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OLATHE, Kan. (AP) — A former Olathe South High School teacher who engaged in a sexual relationship with a student has been sentenced to three years of probation.

Jasiczek-photo Johnson Co.

As part of a plea deal, 43-year-old Michael Jasiczek will serve 10 days of “shock time” in jail and will have to register as a sex offender.

Former sociology teacher said he began treatment after he was charged in June.

Jasiczek was an assistant football coach at Olathe South High School until May, when he was placed on administrative leave.

He pleaded guilty in January to engaging in unlawful sexual intercourse and lewd touching with a student over the age of 16. A third fondling charge was dropped.

Kansas Senate committee passes domestic abuser gun law

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TOPEKA, Kan. (AP) — A Kansas Senate committee approved a bill that would make it a felony for fugitives and domestic abusers to possess firearms.

Supporters say the new law would allow offenders to be prosecuted in state courts instead of relying on federal courts, which are sometimes too busy to handle such cases.

Jo Ella Hoye, a representative for Moms Demand Action, said she was happy with committees’ decision. She said the bill advanced Monday bill will help law enforcement protect women and families and ultimately save lives.

In addition to fugitives and domestic abusers, the bill also makes it a felony for an undocumented immigrant to have a firearm.

The committee also advanced a bill that would allow people who have concealed carry permits issued by other states to carry concealed firearms in Kansas.

Police: Kan. man entered ex-girlfriend’s home through window

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SEDGWICK COUNTY — Law enforcement authorities are investigating an aggravated assault and have a suspect in custody.

Bowring-photo KDOC

Just after midnight Saturday, police were contacted by a 30-year-old woman. She told officers her ex-boyfriend had entered her residence in the 800 Block of North Chautauqua in Wichita without permission through a window, according to officer Charley Davidson.

The woman told police a physical altercation also occurred between the 31-year-old ex-boyfriend and her 39-year-old brother.

During the disturbance, the ex-boyfriend fired one shot from a handgun. Nobody was injured.  The woman told police the ex-boyfriend then battered her and she fled from the residence with her 11-year-old son.  Officers at the scene worked to get the ex-boyfriend to exit the residence.  At 3:30 a.m., the Wichita Police Department SWAT team was utilized to help resolve the situation, according to Davidson.  They took the suspect identified as 31-year-old Colby Bowring of Wichita into custody just before 6:30 a.m., according to the Sedgwick County booking report.

He is being held for aggravated assault, aggravated burglary, domestic battery and a weapons violation, according to Davidson.  Bowring has a previous conviction for criminal threat, according to the Kansas Department of Corrections.

Kan. wheat condition degrades amid ongoing dry weather

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WICHITA, Kan. (AP) — The latest government report shows the deteriorating condition of the Kansas winter wheat crop amid the ongoing parched weather.

The National Agricultural Statistics Service reported Monday that 50 percent of the state’s wheat crop is in poor to very poor condition. The remaining crop was rated as 37 percent fair, 12 percent good and 1 percent excellent.

Topsoil moisture supplies are rated as short or very short across 76 percent of Kansas.

Update: Firefighters respond to structure fire on E. 17th St., two other fires Monday

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HFD

At 4:44 p.m. Monday, city of Hays emergency dispatchers were alerted to a building fire at 202 East 17th St. The city of Hays Fire Department, assisted by Ellis County Fire Department Company 5, the Hays Police Department and Ellis County EMS, was immediately dispatched.

Arriving firefighters found a fire in the first floor garage of a two-story dwelling. Two hose lines were used to control the fire. There were no injuries.

The most probable cause of the fire was the ignition of garden mulch by the improper disposal of smoking materials. The wind-driven mulch fire extended to combustible yard furniture and spread into the building.

 Six fire trucks and 28 firefighters responded. The last fire crew left the scene at 6:15 p.m. 

This was the third wind-driven fire to which Hays firefighters responded Monday. At 9:43 a.m. firefighters were dispatched to a fire at 1914 Whittier Road. Arriving firefighters found a fire involving garden mulch that spread to a child’s ride-on plastic battery-powered car, threatening the building.

At 1:27 p.m. firefighters responded to the 300 block of Mopar Drive for a grass fire. The most probable cause of these fires was the improper disposal of smoking materials.

Your Hays firefighters would like to remind everyone to carefully dispose of smoking materials, especially on windy days. The smallest spark can be fanned into a large, fast-moving fire in just minutes. 

 

 

 

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