In City of Shawnee v. Patch, No. 91,765, the Court of Appeals ruled that the, "time limit for prosecution in municipal court described in K.S.A. 12-4501 is more stringent than the time limit for trial in the district court described in K.S.A. 22-3402" and reversed Daniel Patch's convictions.

The case is interesting because of the multiple continuances by both the City and the defendant before the trial was held and that the defendant had waived his right to speedy trial. However, the Court of Appeals ruled that the defendant only conditionally waived his right to speedy trial and specifically stated that, "Patch had the right to later withdraw, and did withdraw, his conditional waiver, thereby obligating the City to exercise due diligence in its prosecution of him."

The court also uses the case to reaffirm that in an appeal from municipal court to district court the district court "stands in the shoes" of the municipal court and has de novo trial authority.

[ http://www.kscourts.org/kscases/ctapp/2005/20050211/91765.htm ]