Category: Kansas Court Opinions

512 P.3d 729 (2022) In the MATTER OF Bradley A. PISTOTNIK, Respondent. No. 124,868.Supreme Court of Kansas. Opinion filed July 8, 2022.Original proceeding in discipline. Opinion filed July 8, 2022. One-year suspension. *730 Matthew J. Vogelsberg, Chief Deputy Disciplinary Administrator, argued the cause, and Stanton A. Hazlett, Disciplinary Administrator, was on the formal complaint for […]

836 P.2d 584 STATE OF KANSAS, Appellee, v. DAVID D. DUGAN, Appellant. No. 67,256Court of Appeals of Kansas Opinion filed August 14, 1992 SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Minimum Sentence following Guilty Plea — Appeal from Denial of Motion to Modify Sentence — Appellate Court Jurisdiction. When a defendant has received […]

573 P.2d 985 STATE OF KANSAS, Appellee, v. WILLIAM F. SMITH, Appellant. No. 48,641Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. EVIDENCE — Statutory Presumptions Rebuttable — Burden of Proof. A statutory presumption that proof of one fact shall constitute prima facie evidence of another is rebuttable and governs […]

505 P.2d 676 STATE OF KANSAS, Appellee, v. JOHN M. KEARNS, Appellant. No. 46,655Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. LARCENY — When Theft Not From Single Impulse or Intent — Value — Instruction on Petty Larcency. When a jury might reasonably conclude that the theft of several […]

213 P.2d 975 THERESE DUPONT, et al., Appellees, v. LOTUS OIL CO., et al., Appellants. No. 37,833Supreme Court of Kansas Opinion filed January 28, 1950. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rules of Supreme Court — Record on Appeal — Abstracts. Rule No. 5 of this court (see 166 Kan. XI; G.S. […]

309 P.2d 630 ENOS VAN ROYEN, Appellee, v. FRED OSBORN, Appellant. No. 40,328Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. PLEADING — Construction — On Demurrer. In considering a pleading attacked by demurrer, strict construction will apply only to those allegations assailed by a previous successfully resisted meritorious motion […]

232 P.2d 236 VICTOR STEINMEYER, Appellant, v. C.M. McPHERSON and W.B. NOLAN, Individually and as Partners doing business as Kansas Auto Wrecking Company, Appellees. No. 38,315Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. NEGLIGENCE — Condition of Premises — Proprietor Not an Insurer. A proprietor or operator of a […]

299 P.2d 81 LEOTA GATZ, Appellant and Cross-Appellee, v. RALPH CHURCH and WILLFRED CHURCH, Appellees and Cross-Appellants. No. 40,054Supreme Court of Kansas Opinion filed June 30, 1956. SYLLABUS BY THE COURT AUTOMOBILES — Collision at Intersection — Negligence and Contributory Negligence — Jury Question. In an action to recover for personal injuries sustained in a […]

158 P.3d 987 SUSAN A. UNDERHILL, Appellant, v. JOHN G. THOMPSON, Appellee. No. 96,290.Court of Appeals of Kansas. Opinion filed May 25, 2007. Petition for review denied 285 Kan. 1177 (2007). SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Motion to Dismiss — When to Be Treated us Motion for Summary Judgment. Under K.S.A. 60-212(b)(6), if […]

908 P.2d 633 In the Interest of J.D.D., K.W.J., and K.J.J., Minor Children under the Age of Eighteen. No. 73,464Court of Appeals of Kansas Opinion filed December 22, 1995 SYLLABUS BY THE COURT PARENT AND CHILD — Termination of Parental Rights — Participation by Interested Party in Termination Proceedings. Under K.S.A. 38-1541, the district court […]

518 P.2d 392 LARRY J. HENDERSON, Appellant, v. STATE OF KANSAS, Appellee. No. 47,284Supreme Court of Kansas Opinion filed January 26, 1974. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate — Evidentiary Hearing and Counsel Unnecessary — Constitutionality. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Opinion filed January 26, 1974. […]

906 P.2d 642 DARCY M. AVES, a minor, by and through Dan J. Aves and Faye E. Aves, her Mother and Father, Natural Guardians and Next Friends; DARCY M. AVES, Individually; and DAN J. AVES and FAYE E. AVES, Individually, Plaintiffs, v. NASREEN B. SHAH, M.D., Defendant, and RON TODD, COMMISSIONER OF INSURANCE, AS ADMINISTRATOR […]

392 P.2d 89 LARRY G. MILLER, Appellee, v. THE KANSAS TURNPIKE AUTHORITY, Appellant. No. 43,480Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT KANSAS TURNPIKE AUTHORITY — Action in Tort and Implied Contract — Petition — Demurrer. In an action to recover damages to persons and property by reason of an […]

426 P.2d 134 WILLIAM F. STAHL, Appellee v. THE BOARD OF COUNTY COMMISSIONERS OF GEARY COUNTY, KANSAS; Keith F. Devenney, Commissioner, Frank H. Duffy, Commissioner, and Jack Miller, Commissioner, Appellants. No. 44,719Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT ATTORNEY AND CLIENT — Post-conviction Proceedings — Appointment of Counsel for […]

660 P.2d 549 KANSAS COMMISSION ON CIVIL RIGHTS, Appellant, v. SERVICE ENVELOPE COMPANY, INC.; METRO ENVELOPE MIDWEST, INC., ITS SUCCESSOR; NATIONAL ENVELOPE CORPORATION-MIDWEST, ITS SUCCESSOR; GEORGE R. CLIPNER, INDIVIDUALLY AND AS AGENT, OFFICER, DIRECTOR AND SHAREHOLDER OF SERVICE ENVELOPE COMPANY, INC., Appellees. No. 54,150Supreme Court of Kansas Opinion filed March 26, 1983. SYLLABUS BY THE […]

683 P.2d 1292 MARVIN G. LUTTRELL, Appellant, v. UNITED TELEPHONE SYSTEM, INC., Appellee. No. 56,031Court of Appeals of Kansas Opinion filed July 19, 1984 Affirmed 236 Kan. 710, 695 P.2d 1279 (1985). SYLLABUS BY THE COURT TORTS — Defamation — Action against Corporation by Employee for Remarks Made by Coemployees in the Scope of Their […]

407 P.2d 551 JERRY R. HAZLETT, Appellee, v. MOTOR VEHICLE DEPARTMENT, STATE HIGHWAY COMMISSION OF KANSAS, Appellant. No. 44,178Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. AUTOMOBILES — Driving While Under Influence of Liquor — No Duty to Explain Consequences for Refusal. Under the provisions of K.S.A. 8-1001 and […]

152 P.3d 101 FOUR SEASONS APARTMENTS, LTD., Appellant, v. AAA GLASS SERVICE, INC., Appellee. No. 96,455.Court of Appeals of Kansas. Opinion filed February 23, 2007. SYLLABUS BY THE COURT1. LIMITATIONS OF ACTIONS — Interpretation of Statute of Limitations-Appellate Review. An appellate court has unlimited review over the interpretation and application of a statute of limitations […]

502 P.2d 832 STATE OF KANSAS, Petitioner, v. P.A. TOWNSEND, Respondent. No. 46,662Supreme Court of Kansas Opinion filed November 4, 1972. ORIGINAL PROCEEDINGS IN DISCIPLINE ATTORNEYS — Disciplinary Proceeding — Neglect Not Established. Opinion filed November 4, 1972. Dismissed. Curt T. Schneider, assistant attorney general, argued the cause, and Vern Miller, attorney general, and Edward […]

729 P.2d 1103 BETTY BOWERS, Appellant, v. RICHARD OTTENAD and GERALD D. PETERSEN, Appellees. No. 57,534Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT 1. TORTS — Premises Liability Doctrine. The traditional common-law doctrine of premises liability based upon the status of the party injured or damaged as a trespasser, licensee, […]

946 P.2d 1355 STATE OF KANSAS, Appellant, v. GARY LYLE NELSON, Appellee. No. 76,518Supreme Court of Kansas Opinion filed October 31, 1997. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Statutory Right — Appeal Not Authorized in Absence of Statute. The right to appeal is statutory and, in the absence of a statute which authorizes […]

626 P.2d 210 STATE OF KANSAS, Appellee, v. MICHAEL LEE HERMERDING, Appellant. No. 51,139Court of Appeals of Kansas Opinion filed March 27, 1981 SYLLABUS BY THE COURT 1. DRUGS — Cocaine — Narcotic. Cocaine is a narcotic drug as defined by K.S.A. 65-4101(p)(4). 2. CRIMINAL LAW — Search Warrant — Challenge by Defendant as to […]

535 P.2d 424 AMERICAN STATE BANK, Appellant, v. LUTHER WHITE, Appellee. No. 47,600Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Incoming Property Already Subject to Security Interest — Security Interest Continues for Four Months. K.S.A. 84-9103 (3) provides in pertinent part that if personal property […]

747 P.2d 167 JEFFREY C. WICINA, by and through his natural guardian and next friend, ROBERT C. WICINA; and ROBERT C. WICINA and SANDRA A. WICINA, Appellants, v. ARCHBISHOP IGNATIUS J. STRECKER, ARCHBISHOP IGNATIUS J. STRECKER d/b/a BISHOP MIEGE HIGH SCHOOL, ARCHBISHOP IGNATIUS J. STRECKER d/b/a THE CATHOLIC ARCHDIOCESE OF KANSAS CITY IN KANSAS, BISHOP […]

798 P.2d 517 STATE OF KANSAS, Appellee, v. PATRICIA A. ATWELL, Appellant. No. 64,793Court of Appeals of Kansas Opinion filed September 28, 1990 SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Presumption of Probation — If Presumption Overcome Court Must Consider Defendant’s Placement in Community Corrections. After the district court has fully considered the […]

975 P.2d 1210 In the Matter of STEPHEN J. JONES, Respondent. No. 69,969Supreme Court of Kansas Opinion Filed March 31, 1999. ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — Respondent Discharged from Probation and Further Obligations. On October 29, 1993, this court placed respondent Stephen J. Jones on probation for a period of 18 months […]

118 P.3d 177 BATES v. BATES. No. 92,644.Court of Appeals of Kansas. August 26, 2005. Appeal from Montgomery. Decision without published opinion. Affirmed.

625 P.2d 478 EDNA DeWITT, Plaintiff, v. RAYMOND M. YOUNG d/b/a RAY’S MOTOR SERVICE, Third-Party Plaintiff and Defendant-Appellee, v. TRACY D. RIDGEWAY, Defendant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Defendant-Appellant. No. 51,980Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Liability Policy — Statutory Minimum […]

950 P.2d 267 In the Matter of the Marriage of THADDEUS EUGENE JOHNSON, Appellee, and LEIGH ANN JOHNSON, Appellant. No. 77,167Court of Appeals of Kansas Opinion filed December 19, 1997. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Determination by District Court — Appellate Review. The standard of review of a […]

644 P.2d 1368 In the Matter of the Guardianship and Conservatorship of MARTHA LAKE. No. 53,275Court of Appeals of Kansas Opinion filed May 20, 1982 Petition for review denied July 21, 1982. SYLLABUS BY THE COURT 1. GUARDIAN AND WARD — Removal of Guardian — Discretion of the Court. A guardian may be removed at […]

180 P.3d 558 In the Matter of STEPHE N D. HARRIS, Respondent. No. 99, 294.Supreme Court of Kansas. Opinion filed March 28, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Three-month Suspension. Original proceeding in discipline. Opinion filed March 28, 2008. Suspension for a period of three months. Alexander M. Walczak, deputy […]

807 P.2d 692 IN THE INTEREST OF B.S. No. 65,455Court of Appeals of Kansas Opinion filed March 15, 1991 SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Admission or Denial of Allegations in Complaint — Statutory Compliance by Court Required. The provisions of K.S.A. 38-1633(b) require that the trial court strictly comply with the […]

881 P.2d 573 STATE OF KANSAS, Appellee, v. RICHARD A. STAVEN, Appellant. No. 70,814Court of Appeals of Kansas Opinion filed August 5, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Kansas Sentencing Guidelines Act — Retroactivity Provisions. The retroactivity provisions of the Kansas Sentencing Guidelines Act make conversion of an inmate’s sentence mandatory once […]

248 P.3d 277 In the Matter of MICHAEL R. McINTOSH n/k/a ATIF MICHAEL McINTOSH ABDEL-KHALIQ, Petitioner. No. 83,037.Supreme Court of Kansas. Opinion filed: March 22, 2011. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement of License. On October 29, 1999, this court suspended the petitioner, Michael R. McIntosh, n/k/a Atif Michael McIntosh Abdel-Khaliq, […]

353 P.2d 803 In the Matter of the Estate of F. SYLVESTER DIEBOLT, An Insane Person, MAE ELLEN DIEBOLT, Guardian, Appellant, v. F. SYLVESTER DIEBOLT, Appellee. No. 41,591Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT 1. INSANE PERSONS — Restoration to Capacity — Statutes Reviewed. The statutes of this state, […]

334 P.2d 353 DON WILLIAMS, Appellee v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellant, and LAYNE WESTERN COMPANY. No. 41,134Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT 1. MOOT CASE — Appellate Review. An appellate court will not consider or decide questions raised on appeal when the record […]

322 P.2d 748 PAUL COOPER, Appellant, v. WALTER SORENSON, Appellee. No. 40,806Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT 1. AUTOMOBILES — Contributory Negligence — Doctrine of Emergency — Admissibility of Police Reports — Demurrer to Evidence. The record examined in an appeal from an order sustaining a demurrer to […]

850 P.2d 789 CARL LYLE DOZIER, Appellant, v. HELEN DOZIER, Appellee. No. 68,472Supreme Court of Kansas Opinion filed April 16, 1993. SYLLABUS BY THE COURT 1. DIVORCE — Alimony — Enforcement by Imprisonment for Contempt — Procedure Does Not Violate Constitutional Provision Prohibiting Imprisonment for Debt. Court-ordered alimony can be enforced by an attachment for […]

13 P.3d 17 LARRY L. REBARCHEK, Appellant, v. FARMERS COOPERATIVE ELEVATOR AND MERCANTILE ASSOCIATION OF DIGHTON, KANSAS, and FLOYD G. BARBER, Appellees. No. 82,662Court of Appeals of Kansas Opinion filed November 3, 2000. Aff’d in part and rev’d in part, 272 Kan. 546, 35 P.3d 892 (2001). SYLLABUS BY THE COURT 1. JUDGMENTS — Summary […]

303 P.2d 180 HAROLD KONITZ, REED BYERS and THE JOHNSON COUNTY CIVIC LEAGUE, INC., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, GEORGE RUSSELL, MARTIN J. ZIEGLER, and L.R. PENNER, Successor to the Office of CLYDE R. CURRY, Appellee. No. 40,164Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE […]

486 P.2d 1361 STATE OF KANSAS, Appellee, v. MAURICE MELTON, Appellant. No. 45,998Supreme Court of Kansas Opinion filed July 16, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Custodial Interrogation — Admissibility of Statement. In determining the admissibility of a statement of the defendant which is the result of custodial interrogation, the trial court […]

518 P.2d 398 RICHARD LEE MEYERSICK, Appellant, v. RODNEY MILLING COMPANY and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, Appellees. No. 47,074Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Appointing Special Examiner Directory — Emergency Existed — Judgment Supported by Evidence. In an appeal from the judgment of […]

950 P.2d 1305 LARRY WAYNE STONE and CLARENCE REX MINER, Appellants, v. CITY OF KIOWA, Appellee. Nos. 78,399 78,400.Supreme Court of Kansas Opinion filed December 12, 1997. SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Application. Rules for summary judgment are stated and applied. 2. SAME — Summary Judgment — Application — Duty […]

716 P.2d 194 In the Matter of ROGER D. THOMPSON, Respondent. No. 58,885Supreme Court of Kansas Opinion filed March 28, 1986. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Opinion filed March 28, 1986. Disbarment. Louis F. Eisenbarth, of Sloan, Listrom, Eisenbarth, Sloan Glassman, of Topeka, appeared and argued for respondent. […]

930 P.2d 631 JON M. McBRIDE and JEAN M. McBRIDE, Appellees, v. FRED DICE, d/b/a WOODTEK TERMITE PEST CONTROL, a/k/a WOODTEK COMPANY, Appellant. No. 74,946Court of Appeals of Kansas Opinion filed January 17, 1997 SYLLABUS BY THE COURT 1. TORTS — Liability of Tortfeasor. As a general rule, a tortfeasor is liable for losses that […]

567 P.2d 1353 CLUB EXCHANGE CORPORATION, ATTORNEY IN FACT FOR THE AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE, Appellant, v. MARY SEARING, JOHN E. DRURY AND DELORES D. DRURY, BILL R. HARTFORD AND JOAN K. HARTFORD, EPHRAM L. O’BANION, MARION O’BANION AND SHARON O’BANION, EDWARD M. RIGGS, ERMA L. RIGGS, Appellees. No. 48,465Supreme Court of Kansas Opinion filed […]

269 P.2d 418 VINCENT E. KILCOYNE, doing business as CITY ICE AND STORAGE COMPANY, Appellant, v. THE CITY OF COFFEYVILLE, a Municipal Corporation, Appellee. No. 39,373Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Zoning Ordinance — Use of Property — Reasonableness. In an action instituted under the […]

845 P.2d 57 EXECUTIVE AIRCRAFT CONSULTING, INC., Appellee, v. THE CITY OF NEWTON, KANSAS, and THE COUNTY OF HARVEY, KANSAS, Appellants. No. 67,889Supreme Court of Kansas Opinion filed January 22, 1993. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Home Rule Powers. Home rule empowers a city or county to levy any type of […]

858 P.2d 1222 CHRISTOPHER ALEXANDER, et al., Appellees/Cross-appellants, v. THE ADJUTANT GENERAL’S OFFICE, STATE OF KANSAS, Appellant/Cross-appellee. No. 68,628Court of Appeals of Kansas Opinion filed August 6, 1993 Petition for review denied 253 Kan. 856 (1993). SYLLABUS BY THE COURT 1. GOVERNOR — Executive Order — Force and Effect. An executive order issued by the […]

452 P.2d 831 DAVID W. CARSON, Appellant, v. JOSEPH H. McDOWELL, Mayor; EARL B. SWARNER, Commissioner of Finance and Public Property; JOSEPH REGAN, Commissioner of Boulevards and Parks; THE CITY OF KANSAS CITY, KANSAS, and GARY SMITH, Intervenor, Appellees. No. 45,293Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT ZONING — […]

289 P.2d 754 OTTAWA HUNTING ASSOCIATION, INC., a corporation, Appellant, v. THE STATE OF KANSAS and HAROLD R. FATZER, Attorney General of Kansas, and ROSS BEACH, JR., HOWARD M. GILLESPIE, CHARLES E. KAUP, VERN R. MAYO, HUGH MILLER and FRANK F. YOUNG, members of the Forestry, Fish Game Commission of Kansas, and COLBURN C. HOLMES, […]

542 P.2d 707 STATE OF KANSAS, Appellee, v. ALFRED R. BURNETT, Appellant. No. 47,849Supreme Court of Kansas Opinion filed January 24, 1976. MEMORANDUM OPINION CRIMINAL LAW — Trial by Jury Waived — Refusal to Order Lie Detector Test Not Error. Appeal from Sedgwick district court, division No. 5; JAMES J. NOONE, judge. Opinion filed January […]

295 P.2d 1068 RICHARD STECK, Appellee and Cross-Appellant, v. THE CITY OF WICHITA, a Municipal Corporation, Appellant and Cross-Appellee. No. 39,829Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Compensation — Rulings — Verdict not Excessive — Admissibility of Evidence. In a condemnation proceeding under the power […]

239 P.3d 1290 STATE OF KANSAS, Appellee, v. RICHARD A. BARRIGER, Appellant. No. 102,741.Court of Appeals of Kansas. Opinion filed: October 1, 2010. SYLLABUS BY THE COURTCRIMINAL LAW — Investigatory Detention — When Suspect May Be Moved to Facilitate Investigation. When required for the safety of the officer or suspect, a suspect may be moved […]

410 P.2d 256 STATE OF KANSAS, Appellee, v. LAWRENCE YOUNG, Appellant. No. 44,238Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Right to Counsel — Conflict of Interests — When Rights Infringed. The right of a person charged with crime to counsel under Section 10 of the […]

940 P.2d 1 UNIFIED SCHOOL DISTRICT NO. 500, KANSAS CITY, WYANDOTTE COUNTY, KANSAS, Appellant, v. MABLE ROBINSON, Appellee. No. 74,943Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. SCHOOLS — Teacher’s Contract — Nonrenewal — Appellate Review of Due Process Hearing Officer’s Decision. This court’s review of a dues process […]

767 P.2d 1284 DOROTHY BARBER, Appellant, v. SYLVIA LANG WILLIAMS a/k/a Unknown aliases, LAURA LINDA WILLIAMS a/k/a LAURA LANG a/k/a Unknown aliases, and CITY OF TOPEKA, Appellees. No. 62,207Supreme Court of Kansas Opinion filed January 20, 1989. SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — When Proper. Summary judgment is proper where the […]

121 P.3d 1003 IN RE MARRIAGE OF BEITZINGER AND MARRONE. No. 93,335.Court of Appeals of Kansas. October 28, 2005. Appeal from Crawford. Decision without published opinion. Affirmed.

609 P.2d 681 STATE OF KANSAS, Petitioner, v. D.V. ROMINE, Respondent. No. 80-51814-S Bar Docket No. W1630Supreme Court of Kansas Opinion filed April 28, 1980. ORDER OF SUSPENSION ATTORNEY AND CLIENT — Disciplinary Action — Suspension of License for Indefinite Period of Time. WHEREAS, heretofore a proceeding was conducted by the Kansas Board for Discipline […]

845 P.2d 65 DAVID R. BAUMANN, Appellant, v. EXCEL INDUSTRIES, INC., Appellee. No. 67,383Court of Appeals of Kansas Opinion filed January 13, 1993 Petition for review denied 252 Kan. ___ (March 16, 1993). SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Statute of Repose Distinguished from Statute of Limitations. A statute of repose limits […]

359 P.2d 881 MARGARET LOVE, Widow, and BOBBY LOVE, JR., Minor Dependent, Bobby Love, Deceased, Appellants, v. W.H. Kerwin, Deceased, and/or TWILA M. KERWIN, Administrator, AETNA CASUALTY SURETY CO., Appellees. No. 42,178Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Questions of Fact — Review. The supreme […]

522 P.2d 336 S.L. SALEM, Appellant, v. V.J. SALEM, Appellee. No. 47,296Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. TRIAL — Record of Excluded Evidence. Under K.S.A. 60-405 no judgment should be set aside by reason of the erroneous exclusion of evidence unless proponent of the evidence makes known […]

464 P.2d 245 ORBY A. CURBY, Appellant, v. ULYSSES IRRIGATION PIPE COMPANY, INC., a corporation, Appellee. No. 45,512Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Record in Supreme Court. It is incumbent upon the party appealing to bring up a complete record of all matters […]

838 P.2d 361 WAGON WHEEL LANDOWNERS ASSOCIATION, INC., A Kansas Corporation, and a Class of Plaintiffs, Appellants, v. STEPHEN A. WALLACE and LAWANA S. WESBROOKS, Appellees. No. 67,599Court of Appeals of Kansas Opinion filed August 4, 1992 Petition for review denied 252 Kan. ___ (December 28, 1992). SYLLABUS BY THE COURT 1. REAL PROPERTY — […]

421 P.2d 48 HARRY ROBERTS, JR., Appellant, v. STATE OF KANSAS, Appellee. No. 44,195Supreme Court of Kansas Opinion filed December 10, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentence and Judgment. Ordinarily, in a legal sense, “sentence” is synonymous with “judgment” and denotes the action of a court of criminal jurisdiction formally declaring […]

626 P.2d 1219 DONALD MARTIN SCHUH, Appellee, v. EDUCATIONAL READING SERVICES OF KANSAS, INC., Appellant. No. 51,851Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. SMALL CLAIMS PROCEDURE — Dismissal of Appeal — Appellee Deemed “Successful on Appeal” and Recovers Attorney Fees. Where a plaintiff voluntarily dismisses an appeal […]

502 P.2d 728 STATE OF KANSAS, Appellee, v. ALBERT F. MASQUA, Appellant. No. 46,607Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Who May Claim Immunity. A defendant who has no interest in premises, either of a proprietary or possessory character, has no standing to invoke […]

934 P.2d 987 STATE OF KANSAS, Appellee, v. STEVEN E. PARKER, Appellant. No. 74,726Court of Appeals of Kansas Opinion filed March 14, 1997. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Notice of Appeal in Criminal Case — Untimely Notice — Applicable Exceptions to Invoke Jurisdiction of Appellate Court. An appellate court has no jurisdiction […]

847 P.2d 1214 STATE OF KANSAS, Appellee, v. LARNELL L. DYKES, Appellant. No. 67,425Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Discovery — Disclosure of Documents Possessed by Prosecution — Trial Court Discretion. K.S.A. 22-3212 allows the trial court broad discretion to require disclosure of documents […]

48 P.3d 1276 STATE OF KANSAS, Appellee, v. TANNER L. GREEN, Appellant. No. 86,953Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Gruesome Photographs — Demonstrative Photographs — Admissibility. Rules relative to the admission of photographic evidence showing wounds inflicted upon the deceased in a homicide case are […]

677 P.2d 1011 STATE OF KANSAS, Appellant, v. EVELYN M. ROSE, Appellee. No. 55,834Supreme Court of Kansas Opinion filed February 18, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Constitutionality of Criminal Statute — Test for Determining. The test to determine whether a criminal statute is unconstitutional as being vague and indefinite is whether […]

217 P.3d 1004 IN THE INTEREST OF L.B., MINOR CHILD UNDER THE AGE OF EIGHTEEN. No. 102,202.Court of Appeals of Kansas. Opinion filed October 16, 2009. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Right to Appeal — Right Is Controlled by Statute. The right to appeal is entirely statutory and is not contained in the […]

120 P.3d 760 STATE OF KANSAS, Appellee, v. TYLER BLOCK PATTON, Appellant. No. 89,481.Supreme Court of Kansas. Opinion filed September 30, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Defendant’s Right to Present Defense. Under our state and federal constitutions, a defendant is entitled to present the theory of his or her defense. The defendant’s […]

436 P.2d 382 STATE OF KANSAS, Appellee, v. WILBUR O. MORTON a/k/a HUGH BARR, Appellant. No. 44,235Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Time of Trial — Delay Caused by Defendant — Defendant Not Entitled to Discharge. A defendant who causes the delay is not […]

907 P.2d 909 JOHN KROGEN, Appellant, v. PATRICK W. COLLINS, Sheriff of Cherokee County, Kansas, and HONORABLE CHARLES J. SELL, District Court Judge, Appellees. Nos. 74,711, 74,712Court of Appeals of Kansas Opinion filed December 8, 1995 SYLLABUS BY THE COURT 1. JUDGES — District Judge — Authority to Issue Order in Any Case in Judge’s […]

271 P.2d 754 POTTAWATOMIE AIRPORT AND FLYING SERVICE, INC., Appellee, v. MARION WINGER and WILLIAM HAUSERMAN, JR., MARION WINGER, Appellant. No. 39,337Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT AVIATION — Action for Damage to Plane — Negligence — Defense of Minority. Appellant borrowed an airplane from appellee to go […]