Kansas Supreme Court special session April 9 in Colby

The Kansas Supreme Court: seated, from left, Justice Marla J. Luckert, Chief Justice Lawton R. Nuss, and Justice Carol A. Beier; standing, Justice Dan Biles, Justice Eric S. Rosen, Justice Lee A. Johnson, and Justice Caleb Stegall.

OJA

TOPEKA – The Kansas Supreme Court will hear oral arguments in two cases from 6:30 p.m. to about 8 p.m. Monday, April 9, in the Colby High School Auditorium, 1890 S. Franklin Ave., Colby. The court will greet the public in an informal reception following oral arguments in the commons area outside the auditorium.

Cases to be heard during the special session are briefly summarized below. Detailed summaries, and briefs filed by attorneys involved in these cases, are available on the court’s traveling docket page.

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.