WSU hosts Kansas Court of Appeals for Constitution Day

The Kansas Court of Appeals will hold its annual U.S. Constitution Day Observance from 9:30 a.m.-4 p.m. Tuesday, Sept. 22, in Wichita State University's CAC Theater. Chief Judge Thomas Malone, Judge Henry Green and Judge Anthony Powell will hear arguments for six cases in a forum open to the public.

The Court of Appeals is the state’s intermediate appellate court, meaning they have the power to review and overturn decisions made in lower district courts. These cases can be both civil and criminal and are heard across the state.

While the arguments are commonly held in courthouses, Malone said it’s important for Constitution Day Observance to be held on college campuses.

Chief Judge Thomas Malone

Chief Judge Thomas Malone

“It gives students a chance to see their judicial branch of government at work,” Malone says. “For some students, being able to watch an actual hearing take place on campus might help spark an interest in pursuing a legal career.”

The cases on the court’s docket will be heard consecutively. Attorneys will be given 15 or 20 minutes to present their arguments. After the arguments have been heard, the judges will question the attorneys. While the judges will allow questions from the audience about the judicial process, they will not answer questions specific to the cases.

Cases on the docket for Constitution Day are:

  • State of Kansas v. Jose Delacruz (Reno County), an appeal in a contempt case on the grounds that Delacruz had a Fifth Amendment right to remain silent in his hearing. Delacruz was found in contempt for refusing to testify in his co-defendant’s first degree murder trial on three separate occasions and was sentenced to nine years in prison.
  • Roberto Baeza v. Ali Kemal (Sedgwick County), an appeal of the dismissal of Baeza’s civil action suit against Kemal regarding the damages from a car accident. Baeza’s case was dismissed on the grounds that he failed to show good cause for a 30-day extension to serve process to Kemal.
  • State of Kansas v. Marcus Gray (Harvey County), an appeal that the district court erred in holding there was no evidence to prove the deputy engaged in racial profiling to stop Gray’s car on traffic violations.
  • State of Kansas v. Carlos Eduardo Martinez Morales (Reno County), an appeal by the State that the evidence obtained in convicting Morales of driving under the influence should not have been suppressed. The court suppressed it on the grounds that it was not a valid public safety stop.

The hearings will break for lunch from 12:30-1:30 p.m. and will end for the day at 4 p.m. More than 150 people attended the event last year, coming and going throughout the day.