We have a brand new updated website! Click here to check it out!

Supreme Court places new limits on drunken driving test laws

duiWASHINGTON (AP) — The Supreme Court has placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.

Justices ruled Thursday that police need a search warrant before requiring drivers to take blood alcohol tests. But the court declined to require a warrant for breath tests, which it considers less intrusive.

The ruling came in three cases where drivers challenged so-called implied consent laws in Minnesota and North Dakota as violating the Constitution’s ban on unreasonable search and seizure. State supreme courts in each state had upheld the laws.

Drivers in all 50 states can have their licenses revoked for refusing drunken driving tests. The court’s ruling affects laws in eleven states that impose additional criminal penalties for such refusals.

In March, Kansas Attorney General Derek Schmidt asked the state Supreme Court to put on hold recent decisions that declare state DUI-related statutes unconstitutional until the U.S. Supreme Court decides a similar case later this spring.

In a series of four cases announced on February 27, the Kansas Supreme Court overturned state statutes related to DUI, most notably a statute making it a crime for a person suspected of DUI to refuse to submit to a breath test to determine blood-alcohol levels.

Kansas man arrested for alleged attack on a woman in her home

Miller
Miller

SALINE COUNTY – Law enforcement authorities in Saline County are investigating a suspect for an alleged attack on a woman in her home.

David J. Miller, 32, Salina, battered and tried to strangle a woman in her 20s around 11 p.m. Monday night at a central Salina, according to Police Captain Mike Sweeney.

Miller left the home before police arrived. The woman suffered bruises to her face, head, and forearm.

She was transported to Salina Regional Health Center for treatment and released.

Miller was booked into the Saline County Jail late Wednesday morning on requested charges of aggravated battery and criminal threats

Temporary blindness linked to smartphone use in the dark

phoneLONDON (AP) — Doctors have an unusual warning for anyone prone to checking their smartphones in the dark: make sure you use both eyes.

In a letter published in Thursday’s New England Journal of Medicine, doctors in London detailed the cases of two women who inexplicably suffered temporary blindness lasting up to 15 minutes.

But soon after walking into an eye specialist’s office, the mystery was solved. Dr. Gordon Plant figured out that the women habitually looked at their smartphones with one eye while lying in bed in the dark, with the other eye covered by the pillow.

That mismatch meant that when they put down their phones, the eye adapted to the light took time to catch up to the dark-adapted eye, resulting in temporary blindness that Plant described as harmless.

Kansas man hospitalized; semi forces Mercedes into a ditch

KHPSHAWNEE COUNTY – A Kansas man was injured in an accident just after noon on Thursday in Shawnee County.

The Kansas Highway Patrol reported a 2016 Freightliner semi driven by Mitchell Thornburrow, 22, Manhattan, was westbound on U.S. 24 two miles west of Rossville.

The semi went off the road into the right ditch. The driver overcorrected causing the truck to go on its side and a 1991 Mercedes Benz 190-E driven by Michael McGinnis, 50, Topeka, into the ditch.

McGinnis was transported to Stormont Vail.

Thornburrow was not injured. Both drivers were properly restrained at the time of the accident, according to the KHP.

Kan. man arrested for vehicular homicide after fatal crash

Fatal crash in Hutchinson
Fatal crash in Hutchinson

HUTCHINSON – A Kansas man who was involved in a fatality accident on May 12, has been arrested for vehicular homicide and having no insurance.

Everette Hardy, 25, Hutchinson, was eastbound on 14th Avenue, failed to yield at a stop sign and collided with southbound pickup driven by Jack B. Johnson, 80, at the intersection of Poplar Street, according to Police

Johnson was transported to Hutchinson Regional Medical Center for treatment of injuries and was later transported to a Wichita hospital where he died on June 3.

Hardy was cited at the time for disobeying the stop sign, but now faces the much more serious charge.

Bond in the case set at $5,100. Unless he makes bond, he should make a first court appearance Friday.

3-year-old girl drowns in Kan. backyard pool at daycare

drowningWICHITA, Kan. (AP) — Wichita police say a 3-year-old girl drowned in a pool at her daycare provider’s home.

Police Sgt. Nikki Woodrow says the girl and a 5-year-old were playing in the backyard Thursday morning.

The 3-year-old somehow got into an above-ground pool that was about 4 feet high. She died at the scene.

Woodrow said the daycare provider and three other children were in the house when the girl drowned. She says it’s unclear how long the girl was in the pool and an investigation is continuing.

Westar seeks change in transmission costs; could reduce rates

WestarTOPEKA, Kan. (AP) — Westar Energy is seeking a change in its transmission costs that would reduce customers’ rates by about $18 million.

In March, the Kansas Corporation Commission approved a $25 million increase to the utility’s transmission delivery system. That came a day after the Federal Energy Regulatory Commission approved a settlement between Westar and the KCC after determining the company collected too much money from customers.

The Topeka Capital-Journal reports those two decisions prompted Westar to update its transmission costs Tuesday, reducing charges to customers by $18 million.

Westar spokeswoman Gina Penzig says the when customers see the reduced costs will depend on when the KCC acts on the utility’s request. She says if the request is approved, customers in average households should save about $1.50 a month.

Documents detail abuse allegations against Kansas couple

Paige Nachtigel-Photo Harvey Co.
Paige Nachtigal-Photo Harvey Co.

WICHITA, Kan. (AP) — Court documents say the adoptive son of a Kansas couple begged his teacher to not make him go home from school on Fridays because he was terrified of them.

Several witnesses say the 11-year-old was regularly beaten with a wooden spoon and had his arm broken after he ran away from his North Newton home. Harvey County District Judge Joe Dickinson on Wednesday released the arrest affidavit detailing accusations against James Nachtigal, who ran a home for the aging, and his wife, Paige Nachtigal.

They were charged in February with 12 felonies each, including child abuse, aggravated battery and child torture.

They are accused of abusing the boy and two other children they adopted from a

Jim Nachtigel-Photo Harvey County
Jim Nachtigel-Photo Harvey County

Peruvian orphanage while working as international missionaries. Their McPherson-based attorney declined to comment Thursday.

The Latest: Funding plan drops aid for 141 Kansas school districts UPDATE

school funding

TOPEKA, Kan. (AP) — The Latest on the Kansas Legislature’s debate on school funding (all times local):

6:05 p.m.

A spreadsheet from legislative researchers shows that nearly half of Kansas’ 286 school districts would see less state aid under a Republican education funding plan.

The plan outlined Thursday would decrease the aid 141 districts had been promised for the 2016-17 school year. The changes would allow Kansas to boost aid for poor districts by $38 million.

Legislators are meeting in a special session to address a state Supreme Court ruling last month that the education funding system remains unfair to poor districts.

The Blue Valley, Olathe and Shawnee Mission districts in Johnson County together would lose more than $6.1 million for 2016-17.

The spreadsheet showed 145 districts gaining aid.

The largest district, Wichita, would gain nearly $8.3 million. Kansas City would gain $1.6 million.

4:55 p.m.

Some Republicans in the Kansas House have a school funding plan that’s an alternative to one from GOP leaders.

Republican Rep. Melissa Rooker of Fairway said Thursday that many GOP lawmakers are acting as if there’s only one real plan, but she considers it flawed.

Legislators are meeting in a special session to address a recent state Supreme Court mandate to boost aid to poor school districts. Both Republican leaders’ plan and the alternative proposal would increase that aid by $38 million.

The difference is in how each plan is financed.

GOP leaders’ plan shuffles existing education dollars. The proposal backed by Rooker and other GOP moderates taps motor vehicle fees and uncommitted dollars in a jobs creation fund instead.

House and Senate committees approved GOP leaders’ plan Thursday.

3:55 p.m.

A Kansas House committee has approved a Republican education funding plan aimed at heading off a threat that schools will shut down and satisfying a state Supreme Court mandate.

The Appropriations Committee’s voice vote Thursday sent the plan to the full House for debate Friday. Lawmakers are having a special session to address a Supreme Court ruling last month.

The Senate Ways and Means Committee approved the same plan earlier in the day.

The plan would boost aid to poor school districts by $38 million, but much of the money would come from reshuffling existing education dollars.

The Supreme Court said the state’s education funding system remains unfair to poor school districts. The justices warned that schools wouldn’t be able to reopen after June 30 without changes.

1:35 p.m.

A Kansas Senate committee has approved a Republican education funding plan aimed at satisfying a state Supreme Court mandate and averting a threat that schools will shut down.

The Ways and Means Committee’s 9-2 vote Thursday sent the plan to the full Senate for a debate that is expected Friday. Lawmakers are meeting in a special session to address a Supreme Court ruling last month.

The plan would boost aid to poor school districts by $38 million, but much of the money would come from reshuffling existing education dollars. The votes against the plan came from the committee’s two Democrats.

The Supreme Court said the state’s education funding system remains unfair to poor school districts. The justices warned that schools wouldn’t be able to reopen after June 30 without changes.

12:20 p.m.

Two big school districts in Johnson County are reluctantly supporting a school funding plan from Republican legislators for satisfying a Kansas Supreme Court mandate.

Superintendents Todd White and Jim Hinson of the Blue Valley and Shawnee Mission districts told lawmakers Thursday that they’re backing the plan as a one-year solution and because of a threat that schools might not reopen after June 30.

The plan would redistribute dollars from wealthier districts like theirs to poorer ones to comply with a Supreme Court ruling last month. The court warned schools might not be able to reopen if lawmakers didn’t make changes.

Wichita Superintendent John Allison said his district would not object to the plan as a last resort if lawmakers couldn’t find additional dollars outside education to divert to schools.

11:20 a.m.

An attorney representing four Kansas school districts that are suing the state over education funding says a new plan from Republican lawmakers won’t satisfy the state Supreme Court.

Lawyer John Robb said the plan is flawed because it shuffles some existing education dollars to boost aid to poor school districts by $38 million.

The Legislature convened a special session Thursday to address the Supreme Court’s order last month that the state’s education system remains unfair to poor districts. The justices warned that schools might remain closed after June 30 without further changes.

Part of the GOP plan trims all districts’ aid for general operations to help cover the additional aid for poor districts.

Robb said in an email, “The time for these shell games has passed.”

10:45 a.m.

About 150 teachers, parents and other education advocates are rallying at the Kansas Statehouse while legislators are having a special session on school funding.

The crowd Thursday chanted “Do your job!” Speakers said they want legislators to increase aid to poor school districts quickly and go home.

The state Supreme Court ruled last month that the state’s education funding system remains unfair to poor districts. The justices warned that schools might not reopen after June 30 if lawmakers don’t make changes.

Education groups scheduled the rally, but at times it had the flavor of a Democratic Party event, with several Democratic candidates speaking.

Kansas City, Kansas, middle school teacher Aubrey Kennedy said she attended because she wants her students to have the same opportunities as others across the state.

___

9:15 a.m.

Officials from the Wichita and Kansas City, Kansas, school districts say they have not signed off on Republican legislators’ education funding plan.

Wichita Superintendent John Allison said Thursday that his district needs to review the details of the $38 million plan. He was at the Statehouse as lawmakers opened a special session on education funding.

Kansas City district spokesman David Smith said, “We’ve not signed off on anything at this point.”

The chairmen of the House and Senate budget committees said the districts signed off. The Wichita and Kansas City districts are among four suing the state.

The state Supreme Court ruled last month that the education funding system remains unfair to poor school districts and warned that schools might not be able to reopen after June 30 without changes.

___

8:50 a.m.

Republican legislators have unveiled the details of their $38 million plan for helping poor school districts and satisfying a recent state Supreme Court ruling on education funding.

The House Appropriations and Senate Ways and Means committees introduced separate but identical versions during short meetings Thursday at the start of a special session.

The committees were having hearings on the plan immediately.

The plan helps pay for extra aid to poor school districts by diverting $24 million in existing education funds from districts’ general operating funds, dollars for online courses and money set aside for student enrollment increases or other emergency needs.

Other funds for relatively poor school districts would be diverted from other parts of the state budget.

The plan also would redistribute funds from wealthier school districts to poorer ones.

___

8:05 a.m.

Kansas legislators have opened a special session to address a state Supreme Court mandate on education funding and avert a threat that public schools might not reopen next month.

Lawmakers returned Thursday to the Statehouse following negotiations by key Republicans with superintendents from various districts on a $38 million plan for increasing aid to poor school districts.

With the state facing a budget crunch, they were looking at proposals to redistribute existing education dollars. They also hoped to lessen resistance from wealthy districts likely to lose aid, particularly in affluent Kansas City suburbs in Johnson County.

The Supreme Court ruled last month that the state’s education funding system remains unfair to poor districts and warned that schools might not reopen after June 30 if lawmakers don’t make further changes by then.

___

12:05 a.m.

Kansas legislators are convening a special session to address a state Supreme Court mandate on education funding and avert a threat that public schools might not reopen next month.

Lawmakers returned to the Statehouse after key Republicans negotiated with superintendents from various districts on a $38 million plan for increasing aid to poor school districts.

With the state facing a budget crunch, they were looking at proposals to redistribute existing education dollars. They also hoped to lessen resistance from wealthy districts likely to lose aid, particularly in affluent Kansas City suburbs in Johnson County.

The Supreme Court ruled last month that the state’s education funding system remains unfair to poor districts and warned that schools might not reopen after June 30 if lawmakers don’t make further changes by then.

Kansas man, 2 children hospitalized after semi rolls

Screen Shot 2014-07-03 at 5.13.15 AMLINCOLN COUNTY – A Kansas man and two children were injured in an accident just before 10a.m. on Thursday in Lincoln County.

The Kansas Highway Patrol reported a 2002 International semi driven by Jeremy Friesen, 41, Assaria, was traveling northbound on Kansas 14 four miles north of Lincon.

The driver reported hearing a loud noise outside of the truck.

While looking for the cause of the loud noise, the truck left the road and rolled.

Friesen and passengers Jared Friesen, 7, and James Friesen, 9, both of Assaria were transported to Lincoln County Hospital.

All three were properly restrained at the time of the accident, according to the KHP.

Following arrest, Kan. home daycare operator’s license suspended


TOPEKA, Kan. – The Kansas Department of Health and Environment (KDHE) has issued an Emergency Order of Suspension to a day care home at 1912 Simmons in Salina, licensed under the name Christy’s Kiddie Garden.

According to the emergency order, the Salina Police Department, the Department of Children and Family Services, and Saline County Health Department are investigating allegations of a 4-year-old child being injured in the licensee’s day care home. The child sustained bruises to the ear, neck, and inside of the upper lip on or about June 12th. The girl was taken to Salina Regional Health Center for treatment of the bruising, which police say was consistent with strangulation.

Christine Knipp
Christine Knipp

The licensee, 51-year-old Christine Knipp, was arrested on a charge of battery on June 16th.

State law allows the Secretary of KDHE to issue such an order when, in the opinion of the Secretary, the order is necessary to protect children in the home from any potential threat to health or safety. The order is subject to appeal. Compliance history on this day care facility can be found by searching the Child Care and Early Education Portal for license No. 500674 at www.kdheks.gov/bcclr/capp.htm.

The full emergency order of suspension can be viewed by clicking here.

Supreme Court blocks Obama immigration plan; He blames GOP

Pres. Obama discusses the Supreme Court decision from the White House on Thursday
Pres. Obama discusses the Supreme Court decision from the White House on Thursday

WASHINGTON (AP) — The Latest on the Supreme Court blocking President Barack Obama’s plan to shield millions of immigrants in the U.S. illegally from deportation (all times local):

12:05 p.m.

President Barack Obama is using the deadlocked Supreme Court opinion on his immigration actions to hammer Republicans for refusing to confirm his nominee to the Supreme Court.

Obama says Republicans are allowing partisan politics to jeopardize critical issues. He says, “America should not let it stand.”

The president says his immigration actions can’t go forward until the court has a ninth justice to break the tie.

Obama is also alluding to Republican Donald Trump’s call for building a border wall with Mexico. Obama says the U.S. doesn’t need to wall itself off and that immigration isn’t something to fear.

___

12 p.m.

President Barack Obama says the Supreme Court decision blocking his immigration plan sets the system back and “takes us further from the country we aspire to be.”

Obama says America has been a refuge for the world for more than two centuries. He says it’s a diverse and inclusive nation because it’s a nation of immigrants.

Obama sought to use his own authority to shield from deportation millions of immigrants living illegally in the country.

The high court, which tied 4-4, effectively kills Obama’s plan for the duration of his presidency.

—–
12:20 p.m.

President Barack Obama is reassuring millions of people that they don’t need to fear immediate deportation.

The Supreme Court’s tie vote effectively kills Obama’s plan to shield millions more immigrants in the U.S. illegally from deportation and granted them work permits.

But Obama says the opinion doesn’t change his administration’s enforcement priorities.

Obama says his administration will continue focusing its limited enforcement resources on people who have committed a crime and that deportation for long-term immigrants who aren’t criminals will remain a low priority.

Still, Obama says the deadlock is frustrating for immigrants who want to work and contribute to the economy. He says it’s “heartbreaking” for them.

___

12:15 p.m.

For those listening to Supreme Court justices read summaries of their opinions in the courtroom, the fact that the justices were split on the president’s immigration plan slipped by some.

At the end of the session, after Justice Samuel Alito had finished reading a lengthy summary of his dissent in a case about affirmative action, Chief Justice John Roberts said that two cases had been affirmed by an equally divided court, the way the court announces it has tied.

Roberts said nothing other than identifying the two cases by the numbers and names the court refers to them by. The immigration plan case was: 15-674, U.S. v. Texas.

___

12:15 p.m.

Hillary Clinton says a tie vote by the Supreme Court blocking President Barack Obama’s immigration plan is “unacceptable.”

Thursday’s ruling effectively kills Obama’s plan to shield millions living in the U.S. illegally from deportation — a plan Clinton supports.

In a statement released by her campaign, Clinton defended the legality of Obama’s plan, saying the ruling was “purely procedural.” But, she says, it’s a reminder of the “harm Donald Trump would do” to immigrant families and “how much damage” Senate Republicans are causing by refusing to consider Obama’s Supreme Court nominee, Merrick Garland.

She said as president, she would “do everything possible under the law to go further to protect families.”

___

12:15 p.m.

President Barack Obama is predicting that the U.S. immigration system will eventually be overhauled.

He says it’s not a matter of “if,” but a matter of “when.”

Obama has commented after the Supreme Court deadlocked 4-4 on executive action he took to expand a program shielding immigrants living illegally in the U.S. from deportation.

Obama says the country deserves an immigration policy that reflects the goodness of the American people.

He says he hopes that will be an outcome of the voting in November for control of the White House and Congress.

___

 

WASHINGTON (AP) — A tie vote by the Supreme Court is blocking President Barack Obama’s immigration plan that sought to shield millions living in the U.S. illegally from deportation.

The justices’ one-sentence opinion on Thursday effectively kills the plan for the duration of Obama’s presidency.

A tie vote sets no national precedent but leaves in place the ruling by the lower court. In this case, the federal appeals court in New Orleans said the Obama administration lacked the authority to shield up to 4 million immigrants from deportation and make them eligible for work permits without approval from Congress.

Texas led 26 Republican-dominated states in challenging the program Obama announced in November 2014. Congressional Republicans also backed the states’ lawsuit.

Wild mustangs up for adoption in Kansas

photo Bureau of Land Management
photo Bureau of Land Management

TONGANOXIE, Kan. (AP) — Wild mustangs rounded up from the open range in Western states are up for adoption in northeast Kansas.

The Lawrence Journal-World  reports that the adoption event is planned from Friday to Saturday at the Leavenworth County Fairgrounds in Tonganoxie. This year, the Bureau of Land Management will have 36 mustangs and burros at Tonganoxie available on a first-come, first-served basis. There is a minimum $125 adoption fee. See additional details here.

The BLM started the adoption program in 1973 and has placed more than 230,000 horses and burros in its 43 years. BLM wild horse and burro specialist Crystal Cowan says the animals are rounded up to preserve healthy herds and to protect range-land resources.

Adoptees must be at least 18 years old, have no animal abuse record and adequate facilities.

Copyright Eagle Radio | FCC Public Files | EEO Public File