Category: Kansas Court Opinions

19 P.3d 84 STATE OF KANSAS, Appellee, v. FAYVUN MANNING, Appellant. No. 82,447Supreme Court of Kansas Opinion filed: March 9, 2001. SYLLABUS BY THE COURT 1. TRIAL — Hostile Witness — Determination within Trial Court Discretion. The determination of whether a witness is hostile is within the discretion of the trial court and is based […]

574 P.2d 136 ANGELA DAWN CHANDLER, a minor, by KAREN G. CHANDLER, her mother and next friend, and KAREN G. CHANDLER, individually, Appellants, v. NEOSHO MEMORIAL HOSPITAL and ALEXANDER MIH, Appellees. No. 48,500Supreme Court of Kansas Opinion filed September 7, 1977. SYLLABUS BY THE COURT 1. HOSPITALS — Standard of Medical Care — Established by […]

392 P.2d 127 LINCOLN SLADE, Appellee, v. CITY CABS, INC., a Corporation and DEAN E. STROLE, Appellants. No. 43,668Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT CARRIERS — Injuries to Passenger in Taxicab — Proper Care — Demurrer to Evidence — Excessive Verdict — New Trial Denied. In an action […]

522 P.2d 173 DAVID THOMAS KOWALEC, Appellant, v. THE STATE OF KANSAS, Appellee. No. 47,278Supreme Court of Kansas Opinion filed May 11, 1974. MEMORANDUM OPINION CRIMINAL LAW — Post-conviction Relief Denied — Constitutionality of the Habitual Criminal Act. Appeal from Johnson district court, division 1; HERBERT W. WALTON, judge. Opinion filed May 11, 1974. Affirmed. […]

356 P.2d 826 G.M. WEHKAMP, Appellant, v. THE CITY OF GARDEN CITY, FINNEY COUNTY, KANSAS, a Municipal Corporation, Appellee. No. 41,968Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT 1. NEGLIGENCE — Res Ipsa Loquitur — Rules Stated. Rules pertaining to the application of the doctrine of res ipsa loquitur are […]

408 P.2d 693 DORA M. HARTMAN, Appellant, v. WALTER G. STUMBO, Appellee. No. 44,229Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT 1. TRIAL — Summary Judgment — When Rendition Proper. The rendition of summary judgment under K.S.A. 60-256 (c) is proper if the pleadings, depositions and admissions on file show […]

574 P.2d 205 STATE OF KANSAS, Appellee, v. RONALD G. SHAFFER, Appellant. No. 48,802Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. HOMICIDE — Instruction on Death Proper. An instruction on definition of death pursuant to K.S.A. 1976 Supp. 77-202 is proper in a criminal homicide trial. 2. CRIMINAL LAW […]

933 P.2d 160 STATE OF KANSAS, Appellee, v. HENRY GLENN KIRKLAND, Appellant. No. 74,899Court of Appeals of Kansas Opinion filed February 28, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Classification of Prior Juvenile Adjudications. K.S.A. 21-4711(d) is construed and applied. 2. SAME — “Dwelling” Defined. K.S.A. 21-3110(7) is construed and applied. […]

559 P.2d 807 STATE OF KANSAS, Appellee, v. ALBERT G. EDWARDS, Appellant. No. 48,335Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Theft from Parking Meters — Motion to Dismiss Theft Charge — Suppressing Evidence Denied — Verdict Supported by Evidence. The record in a criminal appeal in […]

468 P.2d 95 PHILLIPS PETROLEUM COMPANY, Appellee, v. ELLIS G. BRADLEY and LENORE K. BRADLEY, Appellants. No. 45,623Supreme Court of Kansas Opinion filed April 16, 1970. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Compensation — Lessee an Owner of Property. A tenant for years under a written lease is an `owner’ of property within […]

239 P.2d 970 OPAL E. CLARK and BERNICE G. MUSSER, Appellees v. JOHN P. LARKIN, Appellant. No. 38,498Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT 1. FRAUDS, STATUTE OF — Contracts as to Realty — Where Writing Required. By the provisions of the statute of frauds (G.S. 1949, 33-106), no […]

27 P.3d 924 STATE OF KANSAS, Appellee, v. KENNETH MARION, Appellant. No. 85,085Court of Appeals of Kansas Opinion filed: June 15, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Illegal Delivery or Possession of Simulated Controlled Substance. Under K.S.A. 2000 Supp. 65-4153(a)(1), it is a crime for any person to deliver, possess with intent […]

936 P.2d 714 KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Plaintiff, v. REIMER KOGER ASSOCIATES, INC., Defendant/Appellant/Cross-appellee, and GAGE TUCKER, L.C., Defendant/Appellee/Cross-appellant. No. 75,497Supreme Court of Kansas Opinion filed April 18, 1997. SYLLABUS BY THE COURT 1. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM — KPERS Settlement Statute — Discharge of Settling Party from Liability. The Kansas Public Employees […]

676 P.2d 66 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. PEGGY KROEKER, Appellant. No. 55,177Supreme Court of Kansas Opinion filed January 13, 1984. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Liability Coverage — Duplicative Recovery — Reimbursement of Insurer for PIP Benefits Paid. Under K.S.A. 40-3113a, the right of a PIP insurer to […]

807 P.2d 81 STATE OF KANSAS, Appellant, v. CARL EUGENE LEONARD, Appellee No. 64,846Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Underlying Felony. Under K.S.A. 1989 Supp. 21-3401, first-degree felony murder, the elements constituting the underlying felony must be so distinct from the […]

358 P.2d 744 J.M. DICK and LENA DICK, Appellees, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. ABRAHAM SIEMENS, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. ARNOLD A. RATZLAFF, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. […]

46 P.3d 31 STATE OF KANSAS, Appellee, v. EUGENE A. KEMP, Appellant. No. 86,279Court of Appeals of Kansas Opinion filed: May 10, 2002. Petition for review denied 274 Kan. 1116 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Kidnapping or Kidnapping — Proof — taking or Confining of Victims Not Sufficiently Separate and […]

577 P.2d 836 ROBERT L. STAFFORD, Appellee, v. CHARLES A. KARMANN, Appellant. No. 49,276Court of Appeals of Kansas Opinion filed April 28, 1978 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Opinion Testimony — Lay Witness. Lay opinion regarding the speed of a vehicle is admissible under K.S.A. 60-456(a). 2. SAME — Opinion Testimony — […]

826 P.2d 511 JOHN P. DALLAM III, Appellee, v. LANCE D. HEDRICK and NANCY E. HEDRICK, Appellants. No. 64,332[1] Court of Appeals of Kansas Opinion filed July 27, 1990 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated April 3, 1991, pursuant to […]

416 P.2d 760 In the Matter of the Estate of Matilda Schwarz, Deceased. STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellee, v. HARRY SCHWARZ, Individually, as an Heir at Law and Sole Legatee and Devisee Under the Will of Matilda Schwarz, Deceased, Appellant. No. 44,396Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY […]

486 P.2d 845 RAYMOND P. DAUGHARTHY, Appellee, v. DANA BENNETT, Appellant. No. 46,040Supreme Court of Kansas Opinion filed July 16, 1971. SYLLABUS BY THE COURT 1. AUTOMOBILES — Intersections — How Preferential Right-of-ways Indicated. Preferential right-of-ways at intersections are indicated in Kansas by “stop” signs or by “yield” signs as provided in K.S.A. 8-552 and […]

692 P.2d 397 WAYNE LEWIS, d/b/a LEWIS EXCAVATION, Appellant, v. WANAMAKER BAPTIST CHURCH, Appellee. No. 56,233Court of Appeals of Kansas Opinion filed December 20, 1984 SYLLABUS BY THE COURT MECHANIC’S LIEN — Verification of Lien Statement — Qualified Verification Insufficient to Validate Lien. A verification of a lien statement filed pursuant to K.S.A. 60-1102 which […]

498 P.2d 35 B.J. ROBINSON, Appellant, v. STATE OF KANSAS, Appellee. No. 46,611Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate — Successive Motions. The record is examined in an appeal from a judgment overruling a successive motion for relief filed under K.S.A. 60-1507 and […]

836 P.2d 1193 MARTY LOUIS KENYON, Appellant, v. KANSAS POWER LIGHT COMPANY d/b/a KPL GAS SERVICE COMPANY, Appellee. No. 67,027Court of Appeals of Kansas Opinion filed July 10, 1992 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Acquiescence in Judgment — Burden of Proof — Adequacy of Record — Appellate Review. A party seeking […]

799 P.2d 79 EVERETT GLENN, Appellant, v. DALE FLEMING, Defendant, and AETNA CASUALTY SURETY COMPANY, Appellee, v. RANDALL WELLER, Defendant. No. 63,230[1] Supreme Court of Kansas Opinion filed September 28, 1990. [1] REPORTER’S NOTE: This case was argued by the parties and decided in conference by the Supreme Court prior to the retirement of Chief […]

252 P.2d 917 THE STATE OF KANSAS, Appellee, v. ALVIN LEROY SMITH, Appellant. No. 38,790Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT ARSON — Continuance — Evidence — Instructions and Rulings. In a prosecution for the offense of arson, the record is examined, and it is held: The court did […]

341 P.2d 1021 CROSBY STEVENS, J. CLAIR STEVENS, J. CLAIR STEVENS, Administrator of the Estate of Gene Stevens, Deceased, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant. WALTER KUHN, N. APPLEMAN, TREES OIL COMPANY, H.E. ZOLLER, G.J. NEUNER, HOWARD KUHN and L.O. STANLEY, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF […]

276 P.2d 317 STATE OF KANSAS, Appellee, v. CLAUDE PARKER, Appellant. No. 39,422Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Refusal to Give Requested Instructions. Error may not be predicated on refusal to give requested instructions when it appears that those given contain the substance of […]

608 P.2d 1012 IN THE MATTER OF THE COMPLAINTS AGAINST LEO N. JOHNSON. No. 50,708 Bar Docket No. 5860Supreme Court of Kansas March 24, 1980 ORDER OF SUSPENSION ON this 24th day of March, 1980, at 1:30 p.m., this matter comes before the court on an order issued to Leo N. Johnson to appear and […]

174 P.3d 445 MARY RECTOR, Appellant, v. CLIFFORD TATHAM, PATRICIA DISQUE, and RUTH STRICKLAND, Appellees. No. 97,725.Court of Appeals of Kansas. Opinion filed January 11, 2008. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Motion to Dismiss — Motion Based on Failure to State Claim for Relief — Determination of Motion from Facts in Plaintiff’s Petition. […]

103 P.3d 993 STATE v. HICKSON. No. 91,071.Court of Appeals of Kansas January 14, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

593 P.2d 1013 CARL CARLMAN, DECEASED, Appellant, v. SHIELDS DRILLING CO., INC. and TRAVELERS INSURANCE CO., Appellees. No. 49,907Court of Appeals of Kansas Opinion filed April 27, 1979 SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Appellate Review of District Court — Notice of Appeal Time Requirement. In a workers’ compensation proceeding, a notice of […]

557 P.2d 1241 STATE OF KANSAS, Appellee, v. MARGARET A. SMOLIN, Appellant. No. 48,313Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aiding and Abetting — Effect. One who counsels, aids or abets in the commission of any offense may be charged, tried and convicted in the […]

219 P.2d 395 D.R. MALTBY, ARTHUR RAYMOND MALTBY and HAROLD L. MALTBY, Appellants, v. MARY KATHLEEN SUMNER and MILTON T. SUMNER, Appellees. No. 37,900Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. CONTRACTS — Construction — Province of Court. The interpretation of a written instrument is a judicial function. 2. […]

982 P.2d 385 In the Matter of BARRY G. ALBIN, Respondent. No. 82,366Supreme Court of Kansas Opinion Filed May 28, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed May 28, 1999. Published censure. Frank D. Diehl, deputy disciplinary administrator, argued the cause and […]

968 P.2d 674 STATE OF KANSAS, Appellee, v. LEROY L. PERRY, Appellant. No. 78,139Supreme Court of Kansas Opinion filed November 13, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Trial — Defendant’s Waiver of Right to Trial by Jury. The defendant and prosecuting attorney, with the consent of the court, may submit the […]

232 P.2d 446 JAMES K. POLSTON, Appellee, v. READY MADE HOMES, INC., and WEST AMERICAN INSURANCE COMPANY, Appellants. No. 38,355Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Loss of Eye — Previous Disability Coupled with Injury Causing Permanent Disability — Medical Treatment. Examining the record in a […]

49 P.3d 10 In the Matter of JACK M. N. SHELTON, Respondent. No. 88,458Supreme Court of Kansas Opinion filed: July 12, 2002. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed July 12, 2002. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the formal complaint for petitioner. Jack M. […]

959 P.2d 862 STATE OF KANSAS, Appellee, v. SAKONE MEL DONESAY, Appellant. No. 77,558Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Voluntariness of Confession — Admissibility — Appellate Review. When a trial court conducts a full pretrial hearing on the admissibility of an extrajudicial […]

979 P.2d 144 SCHOLFIELD AUTO PLAZA, L.L.C., Appellee, v. CARGANZA, INC., Appellant. No. 78,289Court of Appeals of Kansas Opinion Filed April 30, 1999. SYLLABUS BY THE COURT 1. TRADEMARKS AND SERVICE MARKS — Federal Action for Infringement of Unregistered Mark — Commn-law Tort of Unfair Competition — Proof under Either Theory. Section 43(a) of the […]

249 P.2d 671 KANSAS CITY TERMINAL RAILWAY COMPANY, a corporation, Appellant, v. CITY OF KANSAS CITY, KANSAS, a municipal corporation; CLARK E. TUCKER, FRANCIS W. BLAKE and EDWARD W. BECKER, members of and constituting the board of commissioners of said city, Appellees. UNION PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. CITY OF KANSAS CITY, KANSAS, […]

850 P.2d 227 In the Matter of RICHARD E. KEITHLEY, Respondent. No. 68,626Supreme Court of Kansas Opinion filed April 16, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed April 16, 1993. Disbarment. Bruce E. Miller, disciplinary administrator, argued the cause and was on the […]

337 P.2d 1034 THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, Appellant, v. HANFORD M. FITCH and LEAVENA FITCH, Appellees and Cross-Appellants. No. 41,270Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT 1. TRIAL — Motion to Strike Testimony — Sufficiency of Objections. A trial court did not […]

596 P.2d 1242 IN THE INTEREST OF BRANDON EXUM BOEHM, a minor under 18 years of age. CHARLES BOARDMAN, Petitioner-Appellant, v. CARMEN BOARDMAN BOEHM and TOM BOEHM, Appellees. No. 49,803Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. TRIAL — Costs — Assessment of Costs to Litigant — Statutory Authority. […]

391 P.2d 45 PHYLLIS N. ROTHGEB, Appellant, v. HENRY H. MEIER, Appellee. No. 43,547Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT AUTOMOBILES — Petition — Amended Petition — Amplifying Allegations — Statute of Limitations. In an action for damages arising out of an automobile collision the record is examined and, […]

217 P.2d 1067 BELLE KNUTSON, et al., Plaintiffs, v. MELVIN D. CLARK, et al., Defendants, CARL S. KNUTSON, Appellant, TERRIS O. KNUTSON and JOHN S. KNUTSON, Appellees. No. 37,856Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT 1. PARTITION — Claim for Expenditures for Improvements. In an action to partition real […]

564 P.2d 504 ABRAHAM TALLEY, Petitioner, v. STATE OF KANSAS, Respondent. No. 48,190Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Criminal Law — Alibi Evidence — Reciprocal Discovery Rights. The due process clause of the Fourteenth Amendment forbids enforcement of a state statute requiring that a […]

461 P.2d 762 CITY OF EUDORA, KANSAS, a Municipal Corporation, Appellant, v. LOUIS C. FRENCH and EDITH FRENCH, Appellees. No. 45,479Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. TOWNS AND TOWNSITES — Power to Vacate. It is within the province of the Legislature to vacate existing townsites either expressly […]

428 P.2d 843 STATE OF KANSAS, Appellee, v. RUDY V. CHUNING, Appellant. No. 44,712Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Speedy Trial — Delay Caused by Defendant’s Absence From State. In a criminal action the constitutional rights of a defendant to a speedy trial are […]

124 P.3d 1083 STATE v. FARIAS. No. 93,312.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

791 P.2d 1343 CHARLENE SMITH, Plaintiff/Appellant, v. SHERRIE BLACKWELL, Defendant, and FARMERS INSURANCE COMPANY, Garnishee/Appellee. No. 63,280[1] Court of Appeals of Kansas Opinion filed November 17, 1989 Petition for review denied 246 Kan. 769 (1990). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order […]

143 P.3d 58 STATE OF KANSAS, Appellee, v. LARRY G. WAHWEOTTEN, Appellant. No. 94,523.Court of Appeals of Kansas. Opinion filed September 15, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Refusal to Submit to Preliminary Breath Test — Admissibility of Evidence of Refusal to Prove Misdemeanor Offense. Evidence of a defendant’s preliminary breath test refusal […]

885 P.2d 1222 STATE OF KANSAS, Appellee, v. BILLY DEAN RADER, Appellant. No. 69,573.Supreme Court of Kansas Opinion filed December 9, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instructions. K.S.A. 21-3107(3) provides that in cases where the crime charged may include some lesser crime, it is the […]

811 P.2d 1202 CONTINENTAL WESTERN INSURANCE COMPANY, Appellant, v. MARK D. CLAY, MICHAEL D. JOHNSON, and MID-CENTURY INSURANCE COMPANY, Appellees. No. 65,476Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. INSURANCE — Motor Vehicle Liability Policy Cancellation by Insurer. K.S.A. 1990 Supp. 40-3118 (b) is a part of the Kansas […]

627 P.2d 1174 STATE OF KANSAS, Appellee, v. MICHAEL MONROE CONLEY, Appellant. No. 52,145Court of Appeals of Kansas Opinion filed May 8, 1981 Petition for review denied 229 Kan. 671. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Gruesome Photographs — Admissibility. Pictures that are relevant and material to the matters in issue are not […]

788 P.2d 285 MICHAEL BUCHANAN, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 63,549[1] Court of Appeals of Kansas Opinion filed December 29, 1989 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated January 29, 1990, pursuant to Rule 7.04 (1989 Kan. Ct. […]

368 P.2d 43 THE STATE OF KANSAS, Appellee, v. HENRY CLAY COIN, Appellant. No. 42,086Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Larceny — New Trial Denied. In an appeal from a conviction of burglary and larceny in connection therewith, the record is examined and […]

822 P.2d 72 CITY OF OTTAWA, Appellee, v. STEVEN L. LESTER, Appellant. No. 66,614Court of Appeals of Kansas Opinion filed November 27, 1991 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Moot Issue — Dismissal of Appeal. An appeal will not be dismissed as moot unless it clearly and convincingly appears the actual controversy […]

638 P.2d 921 STATE OF KANSAS, Appellee, v. FRANKLIN YURK, Appellant. No. 53,048Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Witness’ Credibility Attacked — Rehabilitation of Witness Through Prior Consistent Statements. Where a witness has been impeached or his credibility as a witness has been attacked, […]

510 P.2d 1194 NEW HAMPSHIRE INSURANCE COMPANY and AMERICAN CENTRAL INSURANCE COMPANY, Appellants, v. KANSAS POWER LIGHT COMPANY, Appellee. No. 46,981Supreme Court of Kansas Opinion filed June 9, 1973. MEMORANDUM OPINION INSURANCE — Loss by Fire — Insurance Policy Not Required to Be Offered in Evidence — Right of Subrogation. Appeal from Dickinson district court, […]

31 P.3d 934 ASHLEY IRVIN, a Minor Child, by and through her Parents and Legal Guardians, DAVID IRVIN and KIM IRVIN, and DAVID IRVIN and KIM IRVIN, Individually, Appellants/Cross-appellees, v. LINDALL E. SMITH, M.D., Appellee/Cross-appellant, and RICHARD C. GILMARTIN, M.D., Appellee. No. 85,063Supreme Court of Kansas Opinion filed: September 21, 2001. SYLLABUS BY THE COURT […]

811 P.2d 1153 STATE OF KANSAS, Appellee, v. CAIN DIXON, JR., Appellant. No. 65,045Supreme Court of Kansas Opinion filed May 24, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense — Trial Court’s Duty to Instruct on Lesser Included Offenses. A trial court has the affirmative duty to instruct […]

121 P.3d 1003 STATE v. WILLIAMS. Nos. 92,591, 92,694.Court of Appeals of Kansas. October 28, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

69 P.3d 589 In the Matter of GARY L. CONWELL, Respondent. No. 89,829.Supreme Court of Kansas Opinion filed May 30, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Two years’ Supervised Probation. Original proceeding in discipline. Opinion filed May 30, 2003. Two-year supervised probation. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]

979 P.2d 151 LARRY JACKSON, JR., a minor by and through his Mother, Natural Guardian and Next Friend VIRGIE ESSIEN, and VIRGIE ESSIEN, Individually, Appellants, v. UNIFIED SCHOOL DISTRICT 259, SEDGWICK COUNTY, KANSAS, Appellee. No. 79,524Court of Appeals of Kansas Opinion Filed April 30, 1999. SYLLABUS BY THE COURT 1. TORTS — Kansas Tort Claims […]

331 P.2d 899 KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. Nos. 41,121, […]

376 P.2d 899 HENRY C. PARSONS, Appellee, v. LEAH SMITH, Trustee under a Trust Agreement dated July 15, 1959, and Executed by EDITH A. GOLDEN; NORMAN ANTHONY and N.H. ANTHONY, JR., Appellants. No. 42,940Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT WILLS — Life Estate With Qualified Power of Disposition […]

302 P.2d 1003 WILLIAM POLZIN, Appellee, v. NATIONAL COOPERATIVE REFINERY ASSOCIATION, Appellant. No. 39,966Supreme Court of Kansas Opinion filed November 3, 1956. OPINION ON MOTION FOR REHEARING AND MODIFICATION Appeal from Barton district court; ROY J. McMULLEN, judge. Opinion filed November 3, 1956, modifying opinion filed June 9, 1956, and denying motion for rehearing. (For […]

18 P.3d 304 In the Matter of the Adoption of BABY BOY M., a/k/a J.J.M., a minor child, born 12/28/99. No. 85,264Court of Appeals of Kansas Opinion filed: February 16, 2001. SYLLABUS BY THE COURT 1. ADOPTION — Payment for Adoption Statute Analyzed. K.S.A. 59-2121 is analyzed and applied. 2. SAME — Medical Expenses Incurred […]

176 P.3d 245 STATE OF KANSAS, Appellee, v. JOSEPH B. ANDREWS, Appellant. No. 96,627.Court of Appeals of Kansas. Opinion filed February 15, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review When Material Facts Not in Dispute. When material facts to a trial court’s decision on a motion to suppress […]

476 P.2d 233 EUGENE BROWN, personally, and as Husband and one of the heirs of Evelyn Brown, deceased; as Father and Heir of Paul Kelly Brown, deceased; and as Father and Next Friend of JACQUALYN BROWN, ROBERTA BROWN and KATHRYN BROWN, Appellants, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 45,802Supreme Court of Kansas Opinion […]

286 P.2d 742 STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General, Appellant, v. PAUL R. SHANAHAN, as Secretary of State of the State of Kansas, Appellee. No. 39,989Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT 1. STATUTES — Plurality of Subjects — Constitutionality. Senate Bill No. 222 of […]

452 P.2d 846 DOROTHY A. FLANNERY, Appellant, v. LAWRENCE S. FLANNERY, Appellee. No. 45,482Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. JUDGES — Bias or Prejudice — Disqualification. One who acts in a judicial capacity is disqualified to hear any matter concerning which he may be biased or prejudiced […]