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The Leavenworth Times - Leavenworth, KS
  • Court of Appeals to hear arguments in Leavenworth

  • A three-judge Kansas Court of Appeals panel will hear arguments in three cases — two concerning worker compensation claims and another involving criminal convictions — later this month in Leavenworth.
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  • A three-judge Kansas Court of Appeals panel will hear arguments in three cases — two concerning worker compensation claims and another involving criminal convictions — later this month in Leavenworth.
    Judges Henry W. Green, Jr., G. Joseph Pierron, Jr., and Caleb Stegall will appear March 18 at the Leavenworth Justice Center, 601 S. Third St., to hear the appeals, according to a news release from the Office of Judicial Administration.
    Green will serve as the panel's presiding judge and arguments are set to begin at 9 a.m.
    Attorneys from each side are allotted time to present their cases and answer questions from judges.
    The court then takes each case under consideration, before issuing a written ruling, usually within 60 days.
    Lisa Taylor, Office of Judicial Administration public information director, said there are 14 Court of Appeals judge and they generally convene in panels of three in Topeka or semi-regular locations.
    "But, occasionally they venture outside of those routine locations," Taylor said. She said Leavenworth was likely chosen as a location for the hearings because it was a convenient spot for attorneys and judges.
    The last time the Court of Appeals met in Leavenworth was 2011, Taylor said.
    Below are summaries of the cases to be heard at the Justice Center:
    • Jonathon M. Moore v. Cimarex Energy Co., Inc., and Liberty Mutual Insurance Co.
    Moore is appealing the Workers' Compensation Appeals Board denial of benefits. He argues the board misinterpreted the law defining an ordinary disease of life and aggravating a pre-existing condition.
    He contends the benefits denial was "unreasonable and not supported by substantial evidence," according to the release.
    • State of Kansas v. Melvin Lee.
    A Wyandotte County jury convicted Lee of aggravated burglary and criminal damage to property — a PlayStation 3 — valued at less than $500.
    Lee argues the state's evidence wasn't sufficient for the aggravated burglary conviction because jury instructions listed the wrong address for the home he was accused of entering. He also argues the state's evidence was insufficient to convict him of criminal damage to property because jury instructions listed one roommate as the PlayStation owner, when it actually belonged to a different roommate.
    • Betty Turner v. State of Kansas and State Self-Insurance Fund.
    Turner applied for workers compensation benefits after she fell and hurt her shoulder at work. An administrative law judge determined she was entitled to compensation for a 16 percent permanent partial impairment for her shoulder injury.
    The judge also determined Turner failed to prove a neck injury was caused by her work accident. The Workers' Compensation Appeals Board affirmed the administrative judge's decision.
    In the appeal, Turner argues the board erred, determining she failed to prove her neck injury was caused by her work accident and also in calculating her average weekly wage.

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