Lessons of the Cooper Affair

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on the recent incident in which Amy Cooper, a young white woman, called the police on Christian Cooper, an African American man who was birdwatching in Central Park. Margulies argues that the repercussions of Ms. Cooper’s actions—her suffering public ridicule and losing the valuable commodity of anonymity—achieve both the consequentialist and retributivist purposes of our penal system, so for the state to prosecute her as well would serve only to humiliate and demonize her

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In re Adoption of Baby Girl G.

Docket: 121051

Opinion Date: July 10, 2020

Judge: Eric S. Rosen

Areas of Law: Constitutional Law, Family Law

In this appeal from the termination of Father's parental rights consequent to an adoption, the Supreme Court affirmed the opinion of the court of appeals affirming the termination, holding that the district court correctly terminated Father's parental rights and that Father's constitutional challenge to Kan. Stat. Ann. 59-2136 was not preserved for review. In his petition for review, Father challenged the factual basis for the termination order and also challenged, for the first time, the constitutionality of Kan. Stat. Ann. 59-2136(h)(1)(D), on which the termination was based. The Supreme Court affirmed, holding (1) this Court declines to address the constitutional issue because it was raised neither in the district court nor in the court of appeals; and (2) the court of appeals correctly upheld the district court's finding that Father failed to support the mother during the last six months of her pregnancy without reasonable cause excusing the lack of support.

State v. Brazzle

Docket: 116649

Opinion Date: July 10, 2020

Judge: Marla J. Luckert

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions for, among other things, possession of methamphetamine with intent to distribute and possession of oxycodone, holding that the trial court's admission of Kan. Stat. Ann. 60-455 was evidence was not error and that sufficient evidence supported Defendant's possession of oxycodone conviction. On appeal, Defendant argued (1) the trial court erred in admitting section 60-455 evidence related to two prior methamphetamine sales to undercover detectives approximately one week before his arrest, (2) the trial court clearly erred in instructing the jury on possession of oxycodone, and (3) his conviction for possession of oxycodone was supported by insufficient evidence. The Supreme Court affirmed, holding (1) the district court did not err in admitting the prior crimes evidence; (2) invited error precluded Defendant's jury instruction claim; and (3) sufficient evidence supported Defendant's conviction for possession of oxycodone.

State v. Carter

Docket: 119315

Opinion Date: July 10, 2020

Judge: Eric S. Rosen

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions for first-degree felony murder, criminal discharge of a firearm, aggravated battery, and criminal threat, holding that any error during the proceedings below was harmless. On appeal, Defendant argued that the district court erred by (1) declining to give his proffered instruction clarifying the definition of aiding and abetting, and (2) erred in granting the State's motion to consolidate his charges for trial. The Supreme Court affirmed, holding (1) any possible error in failing to give Defendant's requested jury instruction on aiding and abetting was harmless; and (2) the district court did not abuse its discretion in consolidating Defendant's charges for trial.

In re Equalization Appeals of Target Corp.

Docket: 119228

Opinion Date: July 10, 2020

Judge: Dan Biles

Areas of Law: Government & Administrative Law, Tax Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals that it lacked jurisdiction to review the failure by the Board of Tax Appeals (BOTA) to issue a full and complete opinion in an ad valorem tax dispute after the opinion was requested, holding that the court erred when it concluded that it lacked jurisdiction to review the allegation that BOTA illegally failed timely to issue a full and complete opinion. Taxpayers appealed Johnson County's ad valorem tax valuations for the 2016 tax year on seven commercial properties. The BOTA entered a written summary decision ordering lower values for each property. Five weeks later, the County asked BOTA to issue the full and complete opinion. BOTA failed to do so. The County petitioned the court of appeals for judicial review. The court of appeals dismissed the appeal for lack of jurisdiction. The Supreme Court reversed in part and remanded, holding that the court of appeals (1) had jurisdiction over the issue of whether BOTA acted properly in failing timely to issue a full and complete opinion; and (2) correctly dismissed the appeal as it pertained to the County's effort to obtain judicial review of the summary decision.