OJA
TOPEKA — Kansas Court of Appeals judges will hear appeals by videoconference Thursday, July 16, and Tuesday, July 21. The oral arguments will be livestreamed on YouTube.
Judge Michael Buser is the presiding judge and is joined by Judges Stephen Hill and Sarah Warner for the July 16 and 21 dockets.
Ordinarily, Court of Appeals panels hear oral arguments in person. Through Administrative Order 2020-PR-076, the Kansas Supreme Court has ordered all hearings be conducted remotely if possible.
9 a.m. • Thursday, July 16
Appeal No. 119,981: State of Kansas v. Bradley M. Trefethen
Sedgwick County: Trefethen was convicted of reckless aggravated battery for causing great bodily harm to a child in his care. During trial, the State produced Trefethen's recorded admission that he grabbed the child above the ankles and pulled up to make the child laugh and stop crying. A physician testified Trefethen's admission was consistent with causing the child to have two broken legs. The jury found Trefethen guilty of reckless aggravated battery. On appeal, Trefethen contends insufficient evidence supports his reckless aggravated battery conviction. He also challenges several jury trial instructions. Finally, he argues his conviction must be reversed because the crime of reckless aggravated battery is a logical impossibility.
Appeal No. 121,564: Charles Sander v. Kansas Department of Revenue
Ellis County: During a 2018 traffic stop, a police officer arrested Sander for driving under the influence of alcohol. The Kansas Department of Revenue revoked his driver's license after he failed a breath-alcohol test upon his arrest. On appeal, Sander contends the arresting officer did not have probable cause to believe Sander was intoxicated and unable to safely operate his vehicle. As a result, Sander seeks reinstatement of his driver's license.