Kansas High Court to hear case of Sedgwick Co. teen accused of murdering his friend - WIBW

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TOPEKA, Kan. (WIBW) - The Kansas Supreme Court will hear a case regarding a Sedgwick Co. teen accused of murdering his friend in 2018 on Monday.

The Kansas Supreme Court says it will hear cases from around the state on its Oct. 25 docket. It said all cases will be heard via videoconference and will be livestreamed on its YouTube channel. It said this docket will be different as it will hear cases at 9 a.m., 11 a.m. and 1:30 p.m., with a recess after each, compared to its normal style of back-to-back hearings.

The Court said on Monday, Oct. 25, at 9 a.m., it will hear a case out of Sedgwick Co., Appeal No. 122,271: State of Kansas v. Emond S. Gulley, in which Gulley was convicted of first-degree murder and aggravated robbery. It said the case centered on who shot the victim in Gulley’s statements and his claim that the victim was his friend.

In this case, the Court said Gulley’s alleged crimes happened when he was 15-years-old. It said he was sentenced to a controlling term of 679 months in prison. The issues under review will be as follows:

1. The trial court made a mistake when it failed to instruct for the lesser offense of voluntary manslaughter.
2. The state made a reversible mistake during closing arguments with comments on Gulley’s credibility.
3. Cumulative error denied Gulley a fair trial.
4. K.S.A. 21-6620 is unconstitutional under the Eighth Amendment as applied to juvenile offenders.

At 11 a.m., the court said it will hear a case out of Seward Co., Appeal No. 120,611: L. Ruth Fawcett Trust et al. v. Oil Producers, Inc. of Kansas, in which the class action suit seeks recovery of underpaid gas royalties. It said the class originally won on summary judgment that Oil Producer of Kansas had shifted costs of preparing gas to the royalty owners.

Originally, in this case, the Supreme Court said it reversed the district court and held that the Class was not entitled to judgment as a matter of law. When returned, the district court denied the motion to amend the claim after finding it was foreclosed from reconsidering the issue of breach of good faith and fair dealing by the Supreme Court’s mandate. The Court of Appeals affirmed the district court.

On OPIK’s cross-appeal, the Court said the Court of Appeals agreed with the district court that the equitable estoppel barred the company’s statute of limitations defense to its wrongful dedication of conservation fees. The issues that will be on review are as follows:

1. The mandate rule forecloses the Class’ motion to amend.
2. OPIK was equitably estopped from raising a statute of limitations defense.

At 1:30 p.m., the Court said it will hear a Sedgwick Co. Case, Appeal No. 121,729: State of Kansas v. Marcus L. Wilson, in which Wilson pled guilty to aggravated burglary and two counts of criminal threat. It said it granted a dispositional departure and gave him 36 months probation.

After his first probation violation, the Court said it sent him to prison for 180 days and extended his probation for 36 months. After his second violation, it said he consented to two days in jail and after his third violation, it revoked probation and sent him to prison for 75 months.

The Court said Wilson appealed and argued the court went out of order for the graduated sentencing scheme. It said the Court of Appeals affirmed the district court’s sentencing sanctions. The issue that will be on review is as follows:

1. Whether the Court of Appeals abused its discretion by using the graduated sanctioning scheme in K.S.A. 2018 Supp. 22-3716(c)(1) out of order in revoking Wilsons’ probation.

Also at 1:30 p.m., the Court said it will hear an attorney discipline case, Appeal No. 123,994: In the Matter of Mandee Rowen Pingel, in which Pingel was admitted to practice law in 2007. It said Pengel self-reported the initiation of disciplinary proceedings against herself in Missouri and was sanctioned in a child custody modification case for $100,000 for filing a post-trial request for judicial findings and receiving upwards of $400,000 in attorney fees.

The Court said Pingel was indefinitely suspended in Missouri for the incident, but it was stayed for 18 months probation. It said the Disciplinary Administrator and Respondent agree and acknowledge that her behavior in the matter happened before the order of sanctions in the Missouri child custody case and the Missouri Office of Disciplinary Counsel reports she complied with the conditions of her probation.

The Court said the Disciplinary Administrator and Respondent both recommended her license to practice law be suspended for one year, that the suspension can be stayed after 12 months probation and the terms and conditions of her probation be those listed in the Missouri Probation Plan.

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