TOPEKA, Kan. (WIBW) - The Kansas Court of Appeals will hear a case regarding a forgery on its Aug. 13 docket, among others.
The Kansas Court of Appeals says it will hear a case regarding a Johnson County forgery, among others, on Thursday, Aug. 13, which will be livestreamed on YouTube.
The Court says Judge Sarah Warner will be the presiding judge and will be joined by Judges Melissa Taylor Standridge and Kathryn Gardner.
According to the Court, it will hear Appeal No. 120,477: State of Kansas v. Kevin K. Beasley, a Johnson County case in which Beasley pleaded guilty to three counts of forgery in 2009. The Court says it it imposed an underlying prison sentence of 28 months but granted Beasley probation for a term of 18 months. It also says it ordered Beasley to pay $21,428.50 in restitution. It says from 2009 - 2016, Beasley’s probation was extended on various occasions based on his failure to pay restitution. It says in 2018, the district court revoked Beasley’s probation for failure to report to his supervisor and failure to pay restitution. On appeal, Beasley says the district court’s 2014 order which extended his probation violated Section 16 of the Kansas Constitution Bill of Rights, which prohibits incarceration for nonpayment of debt. Beasley also says the district court improperly bypassed the intermediate sanction framework before ordering him to serve his underlying sentence. The Court says the State is asking that Beasley’s constitutional claims be dismissed and asserts that the district court was not required to impose an intermediate sanction after finding Beasley did not want his probation reinstated.
The Court says it will also hear Appeal No. 122,147: In the Matter of the Marriage of John Thomas Lask and Kathryn Ulrich Lask, another Johnson Co. case in which in the couple’s divorce the district court ordered John to pay monthly child support, some of which Kathryn was required to set aside each month in trust for the benefit of the children. It says John also had to pay part of the children’s uninsured medical expenses. It says the district court entered a judgment against John for reimbursement of his share of certain uninsured medical expenses. On appeal, John argues the district court’s judgment is unfair because many of the medical expenses did not qualify as usual and ordinary medical expenses eligible for reimbursement, he was not liable for the expenses that did not qualify as usual and ordinary medical expenses due to an unreasonable delay in the requests for reimbursement and the court should have entered judgment in his favor for unaccounted for trust funds.
Lastly, the Court says it will hear Appeal No. 121,447: Catherine Roll, a disabled person, by and through her co-guardians, Teresa Roll Kerwick and Mary Ann Burns v. Timothy E. Keck, secretary of the Kansas Department for Aging and Disability Services, and Mike Dixon, superintendent of the Parsons State Hospital and Training Center, a Sedgwick County case in which Roll is a patent at Parsons State Hospital, where she has lived for several decades. It says in 2016, the hospital wanted to transfer Roll to a community-based treatment program which her guardians opposed of and looked to enjoin the transfer based on federal law. It says after trial, the court determined the proposed transfer did not violate provisions of the Americans with Disabilities Act or the Social Security Act. The district court says it also denied the request for an injunction after deciding community placement is a less-restrictive setting and Roll’s needs can be met. On appeal, Roll says a transfer over her guardians’ objections violates the ADA, failing to let her choose to stay at the Hospital violates the Social Security Act and the district court relied on unsupported facts and ignored the uncontroverted evidence when it denied the injunction.
For more information on the cases on the Aug. 13 docket visit KSCourts.org.
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August 05, 2020 at 10:40PM
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