Constitution Day Cases - September 16, 2014

All cases will be tried in the Student Union Forum Hall

9:00 a.m. City of Marysville v. Matthew Dale Sain

The City of Marysville charged Matthew Dale Sain in municipal court with one count each of domestic battery and disorderly conduct. At Matthew's trial, the municipal court refused to compel one of the City's witnesses, Rachel Sain, to testify following her decision to invoke her Fifth Amendment privilege against self-incrimination. Shortly thereafter, the case against Matthew was dismissed. The City subsequently appealed to the district court, alleging that the municipal court erred when it refused to compel Rachel's testimony and dismissed the case. The district court, however, dismissed the City's appeal, finding that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution precluded the City from seeking to reinitiate its prosecution of Matthew. The City appeals.

9:45 a.m. State of Kansas v. John Elmer Goodpasture, Jr.

John Elmer Goodpasture, Jr., was convicted of 21 counts of sexual offenses, including rape and aggravated indecent liberties with a child. The district court sentenced Goodpasture to life in prison. He appeals.

10:30 a.m. In the Matter of the Marriage of Steven D. Dickson, II, and Lucyl M. Dickson

In February 2014, the district court granted Steven D. Dickson, II, and Lucyl M. Dickson's divorce, awarding Lucyl primary residential custody of the parties' minor son, ordering Steven to pay child support, and ordering Steven to pay spousal maintenance for 36 months.

1:00 p.m. State of Kansas v. Scott A. Janssen

Scott Janssen was convicted of driving under the influence.

1:45 p.m.State of Kansas v. Wendell L. Parrish

A jury convicted Wendell Parrish of one count each of distributing a controlled substance, i.e., hydromorphone, within 1,000 feet of a school and conspiracy to commit or assist in the commission of the offense of distribution of a controlled substance. The district court sentenced him to a controlling prison term of 74 months. He appeals.

2:30 p.m. State of Kansas v. Gregory Michael Nece

After Gregory Michael Nece was arrested for driving under the influence, he received an implied consent advisory notice and consented to a breath test, which revealed that his blood alcohol level was above the legal limit. Nece moved to suppress the test results, arguing that the coercive nature of the implied consent advisory rendered his consent involuntary and violated his rights under the Fourth Amendment to the United States Constitution. The district court agreed and suppressed the breath test results and the State pursued this interlocutory appeal.