The public will get a first-hand look at how court rulings are appealed to a higher court Tuesday at the Bowlus Fine Arts Center.
A three-judge panel of the Kansas Court of Appeals will hear oral arguments on three such cases, starting at 9 a.m.
The session is open to the public. Roughly 500 students from area high schools will also be in the audience.
After the arguments conclude, judges Angela Cole, Thomas Malone and Sarah Warner will discuss the court system and explain how cases progress from filing to trial to appeal. A question-and-answer session will follow.
“The Court of Appeals is a traveling court, and we welcome any chance to hear cases around our state and talk to the public about our court system,” Coble said in a news release. “We are excited to be in Allen County and look forward to meeting members of the community in Iola and the surrounding county.”
THE THREE cases — two criminal and one civil — originate from Cherokee, Crawford and Neosho counties.
Brian Michael Waterman, 40, was convicted of attempted first-degree murder, aggravated kidnapping and aggravated burglary, stemming from a January 2016 incident in Cherokee County.
In a synopsis provided by the Court, Waterman stormed into the Baxter Springs home of Bob Hopkins and repeatedly stabbed him.
Waterman went to confront Hopkins’ house because he had believed the man had sexually abused his daughter. Once inside the home, Waterman locked the door, stabbed Hopkins 17 times with a pocket knife, dumped bleach on his head and fled to Oklahoma.
Hopkins survived the attack, but later died before trial.
In January 2022, Waterman was sentenced to 36 years in prison. His earliest possible release date is in 2047.
Waterman is appealing his jury conviction, alleging the state provided insufficient evidence to support an aggravated kidnapping conviction; the district court violated his right to present a defense by excluding certain witnesses; the district court failed to instruct the jury on criminal restraint as a lesser-included offense of aggravated kidnapping; the state intentionally misappropriated his confidential attorney-client communications; the district court abused its discretion by failing to grant Waterman’s pretrial motion for substitute counsel; and the state miscalculated his criminal history, making his prison sentence illegal.
COBY CUPP is appealing his jury trial conviction of driving while under the influence, which stemmed from a traffic accident in September 2019.
According to court records, a Crawford County Sheriff’s deputy was called to an accident scene and found a truck smashed into trees off of the roadway.
Cupp was found unconscious inside the vehicle, lying on the bench seat, with apparent facial injuries.
