680 P.2d 556 GARY EDWARD MESSENGER, Deceased, Appellee, v. SAGE DRILLING COMPANY and HARTFORD ACCIDENT AND INDEMNITY, Appellants. No. 55,889Court of Appeals of Kansas Opinion filed May 3, 1984 Petition for review denied 235 Kan. 1042. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — “Going and Coming” Rule. K.S.A. 1983 Supp. 44-508(f) is a codification […]
Category: Kansas Court Opinions
STATE v. HOLLOWAY, 280 Kan. 987 (2005)
State v. Holloway. No. 91,703.Supreme Court of Kansas. September 29, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. GLYNN, 284 Kan. 948 (2007)
State v. Glynn. No. 93,124.Supreme Court of Kansas. October 1, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. YOWELL, 184 Kan. 352 (1959)
336 P.2d 841 THE STATE OF KANSAS, Appellee, v. ERNEST L. YOWELL, Appellant. No. 41,280Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Defects Unobjected to Waived. Complaints relating to formal defects in an information are waived in a criminal action by failure to object thereto […]
LYON v. HARDEE’S FOOD SYSTEMS, INC., 250 Kan. 43 (1992)
824 P.2d 198 CAROL LYON, Appellee, v. HARDEE’S FOOD SYSTEMS, INC., Appellant. No. 65,807Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. TORTS — Slip and Fall Action — “Slight Defect Rule” — Sufficiency of Defect to Establish Actionable Negligence. Under the “slight defect rule,” a slight irregularity in a […]
HATFIELD v. STATE, 32 Kan. App. 2d xxii (2004)
Hatfield v. State. No. 90,480.Court of Appeals of Kansas. July 23, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.
STATE v. DIXON, 248 Kan. 776 (1991)
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 […]
DAVIS v. HEATH, 35 Kan. App. 2d 86 (2006)
128 P.3d 434 JUDY DAVIS, Appellee, v. CRAIG N. HEATH and CHARLENE S. HEATH, Appellants. No. 94,362.Court of Appeals of Kansas. Opinion filed February 17, 2006. SYLLABUS BY THE COURT1. PARENT AND CHILD — Grandparent Visitation — Courts Will Not Necessarily Give Deference to Parents’ Wishes to Deny Grandparent Visitation. Since the legislature did not […]
FISHER v. MR. HAROLD’S HAIR LAB, INC., 215 Kan. 515 (1974)
527 P.2d 1026 CHARLES F. FISHER, Appellee, v. MR. HAROLD’S HAIR LAB, INC., a Kansas Corporation; HAROLD A. WILBORN, and CAROLYN WILBORN, Appellants. No. 47,315Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT 1. EVIDENCE — Attorney-Client Privilege — Communications in the Presence of Third Persons — Not Confidential. Communications between […]
STATE v. WILSON, 6 Kan. App. 2d 302 (1981)
627 P.2d 1185 STATE OF KANSAS, Appellee, v. MICHAEL J. WILSON, Appellant. No. 52,243Court of Appeals of Kansas Opinion filed May 8, 1981 Affirmed 230 Kan. 287, 634 P.2d 1078 (1981). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Habitual Criminal — Third Offense — Proof Required. Enhancement of the sentence of a […]
SPENCER v. MILLARD REFRIGERATED SERV., INC., 93,712 (Kan.App. 12-23-2005)
124 P.3d 1083 SPENCER v. MILLARD REFRIGERATED SERVICES, INC. No. 93,712.Court of Appeals of Kansas. December 23, 2005. Appeal from Workers Compensation Board. Decision without published opinion. Affirmed.
BREDEHOFT v. HALLIBURTON OIL WELL CEMENTING CO., 177 Kan. 382 (1955)
279 P.2d 298 PAUL G. BREDEHOFT and THE TRAVELERS INSURANCE COMPANY, a Corporation, Appellants, v. THE HALLIBURTON OIL WELL CEMENTING COMPANY, a Corporation, THE VINCENT MOTOR COMPANY, a Corporation, E.M. STANLEY and JACOB MILBERGER, JR., Appellees. No. 39,594Supreme Court of Kansas Opinion filed January 22, 1955. SYLLABUS BY THE COURT 1. AUTOMOBILES — Skidding into […]
LEGG v. TOPEKA HALFWAY HOUSE, INC., 7 Kan. App. 2d 669 (1982)
646 P.2d 1155 WILLIAM LEGG, Appellee, v. TOPEKA HALFWAY HOUSE, INC., Appellant. No. 53,537Court of Appeals of Kansas Opinion filed June 17, 1982 Petition for review denied July 15, 1982. SYLLABUS BY THE COURT CIVIL RIGHTS — Discrimination in Employment — Appeal from Order of Civil Rights Commission — Defective Service of Notice of Appeal […]
MARTIN v. CNH AMERICA, 286 Kan. 1178 (2008)
Martin v. CNH America. No. 97,707.Supreme Court of Kansas. April 23, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
QUEZADA v. PAYNE, 32 Kan. App. 2d xxix (2004)
Quezada v. Payne. No. 90,162.Court of Appeals of Kansas. January 9, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. DUNCAN, 44 Kan. App. 2d 1029 (2010)
242 P.3d 1271 STATE OF KANSAS, Appellee, v. JAMES DUNCAN, JR., Appellant. No. 102,356.Court of Appeals of Kansas. Opinion filed: November 19, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, an appellate court reviews all the evidence […]
SAGE v. WILLIAMS, 23 Kan. App. 2d 624 (1997)
933 P.2d 775 GARY SAGE AND ALJU CONSTRUCTION COMPANY, Appellants, v. SUE WILLIAMS, COUNTY TREASURER OF GREENWOOD COUNTY, KANSAS; FRANK C. BEYERL, COUNTY ATTORNEY OF GREENWOOD COUNTY, KANSAS; CHARLES S. SAMUELS, FORMER SHERIFF OF GREENWOOD COUNTY, KANSAS; AND THE BOARD OF COUNTY COMMISSIONERS OF GREENWOOD COUNTY, KANSAS, Appellees. No. 75,208Court of Appeals of Kansas Opinion […]
STATE v. MARBLE, 21 Kan. App. 2d 509 (1995)
901 P.2d 521 STATE OF KANSAS, Appellee, v. JAMES B. MARBLE, Appellant. No. 71,393Court of Appeals of Kansas Opinion filed August 18, 1995 Petition for review denied 258 Kan. 861 (1995). SYLLABUS BY THE COURT 1. TRIAL — Counsel May Not Assert Facts in Form of Questions to a Witness. It is the general rule […]
COFFEY v. STEPHENS, 3 Kan. App. 2d 596 (1979)
599 P.2d 310 DOROTHY K. COFFEY, Appellant, v. WILLARD E. STEPHENS, Appellee. No. 50,188Court of Appeals of Kansas Opinion filed August 31, 1979 SYLLABUS BY THE COURT 1. LIMITATION OF ACTIONS — Settlement Negotiations Do Not Alone Obviate Timely Filing of Lawsuit. Where an attorney skilled in negligence work has intervened on the part of […]
STATE v. LIMON, 280 Kan. 275 (2005)
122 P.3d 22 STATE OF KANSAS, Appellee, v. MATTHEW R. LIMON, Appellant. No. 85,898.Supreme Court of Kansas. Opinion filed October 21, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Unlawful Voluntary Sexual Relations — Constitutionality of Criminal Statute. K.S.A. 2004 Supp. 21-3522 violates the equal protection provisions of the Fourteenth Amendment to the United States […]
WILLIAMS v. STATE, 284 Kan. 951 (2007)
Williams v. State. No. 95,370.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
IN MATTER OF WOOD, 11788 (Kan. 12-12-2003)
80 P.3d 1112 In the Matter of BENJAMIN C. WOOD, Respondent. No. 11788Supreme Court of Kansas December 12, 2003. ORDER OF DISBARMENT In a letter dated December 1, 2003, to the Clerk of the Appellate Courts, respondent Benjamin C. Wood, an attorney admitted to the practice of law in the state of Kansas, voluntarily surrendered […]
NEWMAN v. CASE, 196 Kan. 689 (1966)
413 P.2d 1013 H.A. NEWMAN, d/b/a NEWMAN TRUCK SERVICE, Appellee, v. H.V. CASE, d/b/a CASE WELDING SERVICE, Appellant. No. 44,424Supreme Court of Kansas Opinion filed May 7, 1966. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence — Presumption and Burden of Proof — Jury Question. Contributory negligence is to be established by proof, not […]
STATE v. POWELL, 220 Kan. 168 (1976)
551 P.2d 902 STATE OF KANSAS, Appellee, v. ROY NELSON POWELL a/k/a RAY NELSON POWELL, Appellant. No. 48,197Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. EVIDENCE — Evidence of Similar Offenses — Conviction Not a Prerequisite to Admission. Conviction is not a prerequisite to the admission in evidence of […]
DANIELS v. CHAFFEE, 230 Kan. 32 (1981)
630 P.2d 1090 DAISY DANIELS and PATRICIA L. FILANCIA, Plaintiffs-Appellants, v. JERRY CHAFFEE d/b/a CIRCLE “C” TRAINING CENTER, Defendant-Appellee. No. 51,019Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT 1. JUDGMENTS — Entry of Judgment — Failure to Notify Counsel or Parties — Effect on Time for Filing Post-judgment Motions or […]
STATE v. FISCHER, 22 Kan. App. 2d 568 (1996)
919 P.2d 368 STATE OF KANSAS, Appellee, v. MARC J. FISCHER, Appellant. No. 74,523Court of Appeals of Kansas Opinion filed June 28, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Departure Sentence Not Invoked When Defendant Imprisoned for Presumed Nonimprisonment Felony Committed While Defendant on Probation for Prior Felony Conviction. The trial […]
COPELAND v. KANSAS STATE BD. OF EXAMINERS IN OPTOMETRY, 213 Kan. 741 (1974)
518 P.2d 377 In the Matter of VICTOR L. COPELAND, VICTOR L. COPELAND, Appellant, v. KANSAS STATE BOARD OF EXAMINERS IN OPTOMETRY, Appellee, and COMMITTEE ON GRIEVANCE, KANSAS OPTOMETRIC ASSOCIATION, Appellee. No. 47,100Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. OPTOMETRY — Revocation of License — No Trial De […]
AUTEN v. KANSAS CORP. COMM’N, 27 Kan. App. 2d 252 (2000)
3 P.3d 86 JOE AUTEN and PAUL McMAHON, Appellants, v. KANSAS CORPORATION COMMISSION, and SOUTHWESTERN BELL TELEPHONE COMPANY, Appellees. No. 82,800Court of Appeals of Kansas Opinion filed March 24, 2000. Petition for review denied 269 Kan. 931 (2000). SYLLABUS BY THE COURT 1. STATUTES — Interpretation by Administrative Agency — Judicial Deference. The interpretation of […]
MURRAY v. STATE, 226 Kan. 26 (1979)
596 P.2d 805 JAMES D. MURRAY, et al., Appellants, v. STATE OF KANSAS, et al., Appellees. No. 49,565Supreme Court of Kansas Opinion filed June 9, 1979. SYLLABUS BY THE COURT 1. STATES — Courts — Bound by Decisions of Supreme Court of the United States. The interpretation placed on the Constitution and laws of the […]
STATE v. JEFFERSON, 284 Kan. 949 (2007)
State v. Jefferson. No. 95,049.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Granted
IN RE GUARDIANSHIP OF K.M.W., 13 Kan. App. 2d 640 (1989)
777 P.2d 1274 In the Matter of the Guardianship and Conservatorship of K.M.W. No. 63,441Court of Appeals of Kansas Opinion filed July 28, 1989 SYLLABUS BY THE COURT 1. GUARDIAN AND WARD — Petition for Appointment of Guardian — Where Filed. A petition for the appointment of a guardian may be filed either in the […]
STATE v. UMSCHEID, 32 Kan. App. 2d xlii (2004)
State v. Umscheid. No. 90,426.Court of Appeals of Kansas. September 10, 2004. Appeal from the Pottawatomie. Unpublished Opinions Sentence vacated; remanded with directions.
HARE v. WENDLER, 263 Kan. 434 (1997)
949 P.2d 1141 GERALD D. HARE, Appellant, v. KRISTOPHER K. WENDLER, M.D. et al. Appellees. No. 77,959.Supreme Court of Kansas Opinion filed December 12, 1997. SYLLABUS BY THE COURT 1. TORTS — Medical malpractice — Alleged Sexual Impropriety of Psychiatrist with Patient — Summary Judgment — Expert Opinion Testimony Required to Establish Causation — Common-knowledge […]
PACKARD v. CREDIT SOLUTIONS OF AMERICA, 42 Kan. App. 2d 382 (2009)
213 P.3d 437 SETH PACKARD AND QUINCI PACKARD, Appellees, v. CREDIT SOLUTIONS OF AMERICA, INC., A/K/A CSA-CREDIT SOLUTIONS OF AMERICA, INC., Appellants. No. 100,231.Court of Appeals of Kansas. Opinion filed: July 31, 2009. SYLLABUS BY THE COURT1. ARBITRATION — Federal Arbitration Act — Act Enacted to Overcome Judicial Resistance to Arbitration. Congress enacted the Federal […]
PLETCHER v. DIRECT WHOLESALE SUPPLY, 36 Kan. App. 2d xvii (2006)
Pletcher v. Direct Wholesale Supply, Inc. No. 95,018.Court of Appeals of Kansas. August 18, 2006. Appeal from the Mitchell. Unpublished Opinions Affirmed.
STATE v. HERBER, 1 Kan. App. 2d 732 (1977)
573 P.2d 1112 STATE OF KANSAS, Appellee, v. LARRY G. HERBER, Appellant. No. 49,194Court of Appeals of Kansas Opinion filed December 16, 1977 SYLLABUS BY THE COURT 1. AUTOMOBILES — “Moving Traffic Violation” — Speeding Conviction of 55-65 Miles Per Hour. By virtue of K.S.A. 8-1341, a speeding conviction of driving 65 m.p.h. or less […]
STATE SAVINGS BANK OF LEAVENWORTH v. KRUG, 108 Kan. 108 (1920)
193 P. 899 STATE SAVINGS BANK OF LEAVENWORTH, Appellant, v. E.H. KRUG, Appellee. No. 22,810.Supreme Court of Kansas. July 1920 SYLLABUS BY THE COURT. 1. PROMISSORY NOTE — Indorsement by Means of Rubber Stamp — Valid Indorsement. Where the name of the indorser has been placed on the back of the instrument with a rubber […]
STATE v. JOHNSON, 276 Kan. 972 (2003)
STATE v. JOHNSON. No. 88,609.Supreme Court of Kansas. September 23, 2003. Reported below 31 Kan. App. 2d 687. Petition for review denied.
CITY OF OVERLAND PARK v. MANN, 18 Kan. App. 2d 595 (1993)
856 P.2d 523 CITY OF OVERLAND PARK, Appellee, v. TIMOTHY MANN, Appellant. No. 69,008Court of Appeals of Kansas Opinion filed July 23, 1993 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Allocution — Statutory Requirements Applicable in Municipal Court and Appeals to District Court from Municipal Court. The requirements of K.S.A. 22-3422 and K.S.A. 1992 […]
WALKER v. IMPERIAL CASUALTY INDEMNITY CO., 1 Kan. App. 2d 349 (1977)
564 P.2d 588 GENE R. WALKER, Appellant, v. IMPERIAL CASUALTY AND INDEMNITY COMPANY, Appellee. No. 48,434Court of Appeals of Kansas Opinion filed May 20, 1977 Petition for review denied July 11, 1977. SYLLABUS BY THE COURT 1. INSURANCE — Applicable Law. When an insurance contract is entered into in Missouri, and the loss giving rise […]
CITY OF ARKANSAS CITY v. BOARD OF COUNTY COMMISSIONERS, 197 Kan. 728 (1966)
420 P.2d 1016 THE CITY OF ARKANSAS CITY, KANSAS, and THE CITY OF WINFIELD, KANSAS, Municipal Corporations of the 2nd Class, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF SUMNER COUNTY, KANSAS; RONALD F. DWYER, County Clerk and Ex-officio County Assessor of Sumner County, Kansas, and GLEN McMILLAN, County Treasurer of Sumner County, Kansas, Appellees. […]
STATE v. LALO URISTA, 45 Kan. App. 2d 93 (2010)
244 P.3d 287 STATE OF KANSAS, Appellee, v. GERARDO LALO URISTA JR., Appellant. No. 103,089.Court of Appeals of Kansas. Opinion filed December 17, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Plea Agreement — State’s Breach of Agreement — Denial of Due Process. When the State breaches a plea agreement, the defendant is denied due […]
IN RE LUTTRELL, 292 Kan. 51 (2011)
252 P.3d 111 In the Matter of GILLIAN LUTTRELL, Respondent. No. 105, 339.Supreme Court of Kansas. Opinion filed April 8, 2011. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed April 8, 2011. Indefinite suspension. Kimberly L. Knoll, Deputy Disciplinary Administrator, argued the cause, and Stanton A. Hazlett, Disciplinary Administrator, was with her on […]
ALBRIGHT v. STATE, 292 Kan. 193 (2011)
WILLIAM D. ALBRIGHT, Appellant, v. STATE OF KANSAS, Appellee. No. 102,454.Supreme Court of Kansas. Opinion filed May 20, 2011. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Notice of Appeal — Timely Notice — Failure to File Timely Notice Requires Dismissal — Exceptions. The filing of a timely notice of appeal is jurisdictional. Generally, the failure […]
IN RE MARRIAGE OF WHITE, 32 Kan. App. 2d xxv (2003)
In re Marriage of White. No. 90,429.Court of Appeals of Kansas. December 5, 2003. Appeal from the Phillips. Unpublished Opinions Reversed; vacated.
STATE v. WASHINGTON, 92,496 (Kan.App. 7-1-2005)
114 P.3d 190 STATE v. WASHINGTON. No. 92,496.Court of Appeals of Kansas. July 1, 2005. Appeal from the McPherson. Decision without published opinion. Appeal dismissed.
JOHNSON COUNTY BANK v. ROSS, 28 Kan. App. 2d 8 (2000)
13 P.3d 351 JOHNSON COUNTY BANK, Appellant, v. JOSEPH F. ROSS, BONNIE J. ROSS, and JACKSON NATIONAL LIFE INSURANCE COMPANY, Appellees. No. 83,445[1] Court of Appeals of Kansas Opinion filed June 2, 2000. CORRECTED OPINION June 27, 2000 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish […]
ALEXANDER v. SMITH, 171 Kan. 83 (1951)
229 P.2d 1022 L.D. ALEXANDER and O.G. GOODNIGHT, Partners, doing business under the trade name of L.D. ALEXANDER, Appellants, v. JOHN C. SMITH, Appellee. No. 38,222Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT PLEADING — Amending Answer — Departure — Demurrer. In an action to recover the rental value of […]
POTWIN STATE BANK v. WARD, 183 Kan. 475 (1958)
327 P.2d 1091 THE POTWIN STATE BANK, a Corporation, Appellee, v. (CHARLES R. WARD, SR., and DELORES L. WARD, husband and wife, and WILLIAM TINKLER, Defendants), J.B. HOUSTON SON LUMBER COMPANY, INC., Appellant. No. 40,758Supreme Court of Kansas Opinion filed July 16, 1958. SYLLABUS BY THE COURT 1. MORTGAGES — Future Advances Pursuant to Agreement […]
HECKARD v. MARTIN, 25 Kan. App. 2d 162 (1998)
958 P.2d 665 ROBERT W. HECKARD, Appellant, v. ANDREW MARTIN and STACY MARTIN, Appellees. No. 78,429Court of Appeals of Kansas Opinion filed May 22, 1998 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE —Limited Actions —District Court Not Required to Make Written Findings of Fact and Conclusions of Law. A district court is not required to […]
STATE v. HILL, 211 Kan. 287 (1973)
507 P.2d 342 THE STATE OF KANSAS, Appellee, v. RANDALL CLAIR HILL, Appellant. No. 46,050Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defense Request for Discovery of Evidence — Judicial Discretion. Rulings of trial court on defense requests for discovery of evidence in state’s possession are […]
SHOTTS v. STATE, 280 Kan. 984 (2005)
Shotts v. State. No. 92,745.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
BAKER v. LIST AND CLARK CONSTRUCTION CO., 222 Kan. 127 (1977)
563 P.2d 431 Dennis Raymond Baker, Deceased, PAMELA K. BAKER, Appellant, v. LIST AND CLARK CONSTRUCTION COMPANY, and TRAVELERS INSURANCE COMPANY, Appellees. No. 48,401Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Statute Not Unconstitutional — Contractual Rights Not Violated — Failure to Assess Attorney Fees Not Error. […]
JEWETT v. MILLER, 46 Kan. App. 2d 346 (2011)
WILLIAM JEWETT, Appellant, v. MICHAEL MILLER, Appellee, and ANTWON CAFFEY, Appellant, v. MICHAEL MILLER, Appellee. Nos. 105,020, 105,021.Court of Appeals of Kansas. Opinion filed August 26, 2011. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, […]
IN RE HARDESTY, 254 Kan. 14 (1993)
864 P.2d 1136 In the Matter of MURRAY F. HARDESTY, Respondent. Bar Docket No. 04980Supreme Court of Kansas December 2, 1993 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On June 22, 1993, and November 18, 1993, complaints were filed with the Disciplinary Administrator’s office against Murray F. Hardesty, of Topeka, Kansas, […]
STATE v. HAMILTON, 205 Kan. 228 (1970)
468 P.2d 224 STATE OF KANSAS, Appellee, v. FLOYD HAMILTON, Appellant. No. 45,643Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Pleas of Guilty Understandingly Made. In a criminal action wherein defendant entered pleas of guilty to robbery in the second degree and grand larceny of an automobile, […]
STATE v. STRONG, 8 Kan. App. 2d 589 (1983)
663 P.2d 668 STATE OF KANSAS, Appellee, v. CALVIN STRONG, Appellant. No. 54,984Court of Appeals of Kansas Opinion filed May 19, 1983 Petition for review denied 233 Kan. 1093 (1983). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Constitutional Right. Every person accused of a crime is presumed innocent until proven guilty. […]
STATE v. GRAVE-PEREZ, 286 Kan. 1182 (2008)
State v. Grave-Perez. No. 98,169.Supreme Court of Kansas. July 2, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
OVERSTREET v. MID-WEST CONVEYOR CO., INC., 26 Kan. App. 2d 586 (1999)
994 P.2d 639 STEVEN H. OVERSTREET, Appellee, v. MID-WEST CONVEYOR Co., INC., and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Appellants. No. 80,036[1] Court of Appeals of Kansas Opinion filed: August 27, 1999. [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 9, 1999, […]
STATE v. HUMPHREY, 30 Kan. App. 2d 16 (2001)
36 P.3d 844 STATE OF KANSAS, Appellee, v. MARSHALL E. HUMPHREY, Appellant. No. 86,096Court of Appeals of Kansas Opinion filed: December 21, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voir Dire — Batson Violation to Peremptory Challenge — Trial Court Discretion — Appellate Review. In reviewing a Batson violation concerning the State’s use […]
STATE v. CARRILLO, 284 Kan. 947 (2007)
State v. Carrillo. No. 96,571.Supreme Court of Kansas. October 1, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
JENNINGS v. SPEAKER, EXECUTRIX, 1 Kan. App. 2d 610 (1977)
571 P.2d 358 JOHN P. JENNINGS, LUCILE JENNINGS GILLE, and LAURA JENNINGS HOUSEWORTH, Appellants and Cross-Appellees, v. VIRGINIA SPEAKER, Executrix, Appellee and Cross-Appellant. No. 48,715Court of Appeals of Kansas Opinion filed September 9, 1977 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Jurisdiction — Court Cannot Abdicate Subject Matter Jurisdiction Conferred by Constitution and Statute. […]
URBAN RENEWAL AGENCY v. DECKER, 197 Kan. 157 (1966)
415 P.2d 373 THE URBAN RENEWAL AGENCY OF KANSAS CITY, KANSAS, and THE CITY OF KANSAS CITY, KANSAS, Appellants, v. JOSEPHINE BOURQUIN DECKER and ANDREW J. DECKER, et al., Appellees. No. 44,503Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Special Statutory Proceeding — When Proceeding Not […]
STATE v. HERMRECK, 282 Kan. vii (2006)
State v. Hermreck. No. 93,384.Supreme Court of Kansas. October 27, 2006. Appeal from the Anderson. Unpublished Opinions Judgment of Court of Appeals vacating order of district court to reimburse attorney fees; affirmed; order of district court to reimburse attorney fees vacated/remanded with directions.
OETKEN v. SHELL, 169 Kan. 109 (1950)
217 P.2d 906 BEN OETKEN, Appellee, v. G.W. SHELL and JACK SHELL, Appellants. No. 37,669Supreme Court of Kansas Opinion filed May 6, 1950. OPINION ON REHEARING Appeal from Finney district court; LORIN T. PETERS, judge pro tem. Opinion on rehearing filed May 6, 1950. Former opinion adhered to. (For original opinion see 168 Kan. 244, […]
HAWTHORN-MELLODY, INC. v. DRIESSEN, 213 Kan. 791 (1974)
518 P.2d 446 HAWTHORN-MELLODY, INC., Appellee, v. WILLIAM G. DRIESSEN and MARION V. DRIESSEN, Appellants. No. 47,115Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. EVIDENCE — Exception to Parol Evidence Rule. A well-recognized exception to the parol evidence rule permits the use of evidence of fraudulent representations made during […]
STATE EX REL. SCHNEIDER v. LIGGETT, 223 Kan. 610 (1978)
576 P.2d 221 STATE OF KANSAS, ex rel. CURT T. SCHNEIDER, ATTORNEY GENERAL, Petitioner-Appellee, KANSAS HOSPITAL ASSOCIATION, THE KANSAS MEDICAL SOCIETY, THE KANSAS HEALTH CARE PROVIDER INSURANCE AVAILABILITY PLAN, Intervenors-Appellees, v. BYRON TIMOTHY LIGGETT, M.D., Respondent-Appellant. No. 49,446Supreme Court of Kansas Opinion filed March 10, 1978. SYLLABUS BY THE COURT 1. PHYSICIANS AND SURGEONS — […]
MUNKIRS v. STATE, 35 Kan. App. 2d xiv (2006)
Munkirs v. State. No. 93,295.Court of Appeals of Kansas. April 21, 2006. Appeal from the Reno. Unpublished Opinions Affirmed.
STATE v. TURNER, 183 Kan. 496 (1958)
328 P.2d 733 THE STATE OF KANSAS, Appellee, v. H.B. TURNER, ARTHUR L. SWEENEY, P.C. COPELAND and PETER L. MENSER, Appellants. No. 40,819Supreme Court of Kansas Opinion filed August 1, 1958. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Trial Errors — Necessity for Appeal From Order Overruling Motion for […]
STATE v. BALL, 36 Kan. App. 2d xviii (2006)
State v. Ball. No. 94,671.Court of Appeals of Kansas. July 28, 2006. Appeal from the Johnson. Unpublished Opinions Affirmed.
KEMPKE v. KANSAS DEPT. OF REVENUE, 281 Kan. 770 (2006)
133 P.3d 104 BRYAN EUGENE KEMPKE, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 94,013.Supreme Court of Kansas. Opinion filed May 5, 2006. SYLLABUS BY THE COURT1. STATUTES — Constitutionality — Duty of Courts to Construe Statute as Constitutionally Valid if Possible. A statute is presumed constitutional and all doubts must be resolved in favor […]
STATE v. MANNING, 24 Kan. App. 2d 506 (1997)
947 P.2d 452 STATE OF KANSAS, Appellee, v. GEORGE MANNING, Appellant. No. 77,092Court of Appeals of Kansas Opinion filed November 7, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — When Consecutive Sentences Are Mandatory. K.S.A. 21-4608(c) and (h), which establish rules in specific circumstances for whether two or more sentences should be […]
STATE v. BROWN, 280 Kan. 898 (2006)
127 P.3d 257 STATE OF KANSAS, Appellee, v. CHARLES BROWN, Appellant. No. 92,910.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — First-degree Murder — Removal of Term “Maliciously” from Statute Does Not Render Statute Unconstitutional. The elimination of the term “maliciously” from the first-degree murder statute does not […]
McCLAREN v. McCLAREN, 214 Kan. 217 (1974)
519 P.2d 720 SANDRA L. McCLAREN, Appellee, v. DAVID E. McCLAREN, Appellant. No. 47,188Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT DIVORCE — Evidence — Custody of Children — Division of Property. The record is examined in a divorce action and, as more fully stated in the opinion, it is […]
IN RE ESTATE OF SUTCLIFFE, 199 Kan. 686 (1967)
433 P.2d 389 In the Matter of the Trust Estate of Joe H. Sutcliffe. JOSEPH G. LEWIS and CLARK M. FLEMING, Appellees, v. DALE DEAN SUTCLIFFE, DONALD LLOYD SUTCLIFFE, RONALD FLOYD SUTCLIFFE and TERRY JOE SUTCLIFFE, Appellees, and VELMA SUTCLIFFE, Appellant. No. 44,827Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT […]
IN RE MARRIAGE OF CASE, 18 Kan. App. 2d 457 (1993)
856 P.2d 169 In the Matter of the Marriage of SUE ANN CASE n/k/a SUE ANN MILLER, Appellant, and CARLTON M. CASE, Appellee. No. 68,612Court of Appeals of Kansas Opinion filed June 25, 1993 SYLLABUS BY THE COURT 1. COURTS — Courts of Record. Kansas district courts are courts of record. 2. SAME — Courts […]
STATE v. McCONNELL, 33 Kan. App. 2d 711 (2005)
106 P.3d 1148 STATE OF KANSAS, Appellee, v. JOHN DAVID McCONNELL, Appellant. No. 92,011.Court of Appeals of Kansas. Opinion filed March 11, 2005. Petition for review denied 280 Kan. ___ (September 20, 2005). SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jury Instructions — Appellate Review. When reviewing challenges to jury instructions, an appellate court […]
IN RE ARMED FORCES COOPERATIVE INSURING ASS’N, 5 Kan. App. 2d 787 (1981)
625 P.2d 11 In the Matter of the Appeal of Armed Forces Cooperative Insuring Association from a Decision of the Board of Tax Appeals, State of Kansas. No. 51,082Court of Appeals of Kansas Opinion filed March 20, 1981 SYLLABUS BY THE COURT TAXATION — Ad Valorem Taxation of Personal Property on Military Reservation — Board […]
CULVER v. STATE, 35 Kan. App. 2d xi (2006)
Culver v. State. No. 95,296.Court of Appeals of Kansas. May 5, 2006. Appeal from the Meade. Unpublished Opinions Affirmed.
ELY v. DEAVER, 216 Kan. 352 (1975)
532 P.2d 1105 H.K. ELY and JANET ELY, Appellants, v. MIKE DEAVER and LAWRENCE DEAVER, Appellees. No. 47,466Supreme Court of Kansas Opinion filed March 1, 1975. MEMORANDUM OPINION BILLS AND NOTES — Action to Recover Indebtedness — Evidence. Appeal from Finney district court; BERT J. VANCE, judge. Opinion filed March 1, 1975. Affirmed. Lelyn J. […]
SPAIN v. SCHROEDER, 91,390 (Kan.App. 10-1-2004)
98 P.3d 303 SPAIN v. SCHROEDER. No. 91,390.Court of Appeals of Kansas October 1, 2004. Appeal from the Lyon. Decision Without Published Opinion. Affirmed.
STATE v. THOMPSON, 284 Kan. 763 (2007)
166 P.3d 1015 STATE OF KANSAS, Appellee, v. DENNIS W. THOMPSON, Appellant. No. 94, 254.[1] Supreme Court of Kansas. Modified opinion filed October 17, 2007. [1] REPORTER’S NOTE: This opinion was modified October 17, 2007, to clarify that the Supreme Court’s review of the Court of Appeals’ decision was on the single issue subject to […]
SWINEHART v. CITY OF OTTAWA, 24 Kan. App. 2d 272 (1997)
943 P.2d 942 SHIRLEY C. SWINEHART, APPELLANT, v. THE CITY OF OTTAWA, KANSAS, A MUNICIPAL CORPORATION; MARK D’AUGEREAU; AND TIM AHRENS, APPELLEES. No. 77,112Court of Appeals of Kansas Opinion filed August 15, 1997. SYLLABUS BY THE COURT 1. CIVIL RIGHTS — Federal Civil Rights Statute. 42 U.S.C. § 1983 (1994) is not itself a source […]
THOMAS v. DUDREY, 208 Kan. 684 (1972)
494 P.2d 1039 ELBURN G. THOMAS, Appellee, v. ELSIE DUDREY and W.H. DUDREY, Appellants, and IVAN A. ODEN, Appellee. No. 46,132Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT 1. AGRICULTURE — Soil Bank Program — Remedy of Tenant. Although a tenant-operator under the Soil Bank Program (7 U.S.C.A. § 1801 […]
STRODA v. JOICE HOLDINGS, 288 Kan. 718 (2006)
207 P.3d 223 ED STRODA, as Trustee for the EDMOND STRODA REVOCABLE TRUST, Appellee, v. JOICE HOLDINGS, LLC, A KANSAS LIMITED LIABILITY COMPANY, Appellant. No. 100,733.Supreme Court of Kansas. Opinion filed May 15, 2009. SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Appellate Review. When facts are undisputed, appellate review of the district court’s grant of […]
ROWLANDS v. STATE, 187 Kan. 174 (1960)
354 P.2d 674 WILLIAM M. ROWLANDS, d/b/a ROWLANDS COLLEGE BOOK STORE, Appellant, v. STATE OF KANSAS, BOARD OF REGENTS OF THE STATE OF KANSAS, and THE UNIVERSITY OF KANSAS MEMORIAL CORPORATION, a Corporation, Appellees. No. 41,931Supreme Court of Kansas Opinion filed August 4, 1960. SYLLABUS BY THE COURT QUO WARRANTO — Action by Private Citizen […]
STATE v. CADDELL, 286 Kan. 1181 (2008)
State v. Caddell. No. 96,841.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
SCHULTZ v. SCHWARTZ, 28 Kan. App. 2d 84 (2000)
11 P.3d 530 ASCENCION SCHULTZ, Appellant, v. HOWARD SCHWARTZ and JAY E. COFFMAN, Appellees. No. 84,559Court of Appeals of Kansas Opinion filed October 20, 2000. Petition for review denied 270 Kan. 900 (2000). SYLLABUS BY THE COURT 1. PUBLIC OFFICERS AND EMPLOYEES — Judicial Administrator — Duties Distinguished from Those of Chief Judges of Judicial […]
PERRY v. STATE, 200 Kan. 690 (1968)
438 P.2d 83 JAMES G. PERRY, Appellant, v. THE STATE OF KANSAS, Appellee. No. 45,140Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — Formal Plenary Hearing Not Necessary. When a proceeding is brought under the provisions of K.S.A. 60-1507 and the files […]
COMLEY-NEFF LUMBER CO. v. ROSS, 190 Kan. 734 (1963)
378 P.2d 178 COMLEY-NEFF LUMBER COMPANY, Plaintiff, v. MARGARET RUTH ROSS, Appellant; FRED VULGAMORE, JR., and CUSTOM PLUMBING COMPANY, INC., a Corporation, Defendants; BRAGG TEMP-CONTROL, INC., a Corporation, Appellee; V.J. CLOUGH, BONTZ CONSTRUCTION CO., INC., a Corporation, MID-WESTERN MIRROR AND GLASS, INC., a Corporation, HOMER TOLER, d/b/a TOLER SHEET METAL WORKS, A.R. MALONEY, McBRIDE ELECTRIC, […]
STATE v. TALLCHIEF, 278 Kan. 851 (2004)
STATE v. TALLCHIEF. No. 90,373.Supreme Court of Kansas. May 26, 2004. Reported below Unpublished. Petition for review denied.
KAN. INDU. CONSUMERS GR. v. KAN. CORP., 36 Kan. App. 2d 83 (2006)
138 P.3d 338 KANSAS INDUSTRIAL CONSUMERS GROUP, INC., RAYTHEON AIRCRAFT COMPANY, CESSNA AIRCRAFT COMPANY, BUZZI UNICEM USA, GOODYEAR TIRE RUBBER COMPANY, COFFEYVILLE RESOURCES REFINING MARKETING, LLC, SPIRIT AEROSYSTEMS, INC., PROTECTIONONE, INC., THE BOEING COMPANY, and THE KANSAS HOSPITAL ASSOCIATION, Petitioners/Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. No. 96,228.Court of Appeals […]
FREETO v. STATE, 161 Kan. 7 (1946)
F. H. FREETO, Appellant, v. THE STATE HIGHWAY COMMISSION, etc., Appellee., E. W. GEIGER, Sole Surviving Partner of GEIGER AND RUTHERFORD, and OLIVE MALL RUTHERFORD, Executrix of the Estate of C. C. Rutherford, Appellants, v. THE STATE HIGHWAY COMMISSION, etc., Appellee., C. A. TUCKER and C. J. McCOY, Appellants, v. THE STATE HIGHWAY COMMISSION, etc., […]
REGNIER BUILDERS, INC., v. LINWOOD SCHOOL DIST. No. 1, 189 Kan. 360 (1962)
369 P.2d 316 VIC REGNIER BUILDERS, INC., Appellee, v. LINWOOD SCHOOL DISTRICT No. 1, Appellant. No. 42,531Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT EMINENT DOMAIN — Cross-examination of Expert Witness — Instructions — Verdict Not Excessive. The record in a condemnation proceeding where the jury fixed the value of […]
BOARD OF PUBLIC UTILITIES v. CITY OF KANSAS CITY, 227 Kan. 1 (1979)
603 P.2d 627 BOARD OF PUBLIC UTILITIES OF KANSAS CITY, KANSAS, Appellant, v. CITY OF KANSAS CITY, KANSAS, JOHN REARDON, PATRICK HANLON and ROBERT ZAHNTER, Appellees.[1] No. 51,604Supreme Court of Kansas Opinion filed December 7, 1979. [1] The formal opinion to Board of Public Utilities v. City of Kansas City was filed January 19, 1980. […]
PARTRIDGE v. MONG, 45 Kan. App. 2d 766 (2011)
252 P.3d 640 JESSICA PARTRIDGE, Conservator, Natural Guardian, and Next Friend of Kolt Mong, and Special Administrator of the Estate of Tim Mong, Deceased, Appellants, v. MARILYN MONG and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellees. No. 102,541.Court of Appeals of Kansas. April 22, 2011. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application. […]
CADWALLADER v. BENNETT, 187 Kan. 246 (1960)
356 P.2d 862 JAMES H. CADWALLADER, by and through his mother and next friend, MRS. JESSIE R. LONG, Appellee, v. CARL T. BENNETT, Appellant. No. 41,883Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT JUDGMENTS — Default Judgment — Motion to Vacate — Permitting Petition to be Amended — Amendment. Did […]
WILSON v. EVANS, 185 Kan. 520 (1959)
345 P.2d 1002 HENRY P.J. WILSON, administrator de bonis non of the Estate of Charles D. Evans, Deceased, Appellee, v. R.L. EVANS, Appellant. No. 41,466Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Failure to Include Order Overruling Motion for New Trial […]
HANSON v. ZOLLARS, 189 Kan. 699 (1962)
371 P.2d 357 JOHN HANSON, Appellant, v. ELDON V. ZOLLARS, ROBERT L. SCHENKE and AMERICAN EMPLOYERS INSURANCE COMPANY, a Corporation, Appellees. Nos. 42,741 and 43,012 (Consolidated)Supreme Court of Kansas Opinion filed May 5, 1962. SYLLABUS BY THE COURT 1. CARRIERS — Private Carrier Permit — Liability of Insurer. Under our statute (G.S. 1957 Supp., 66-1,128 […]
STATE v. KNIGHT, 42 Kan. App. 2d 893 (2009)
218 P.3d 1177 STATE OF KANSAS, Appellee, v. MICHAEL LORENZO KNIGHT, JR., Appellant. No. 100,167.Court of Appeals of Kansas. Opinion filed November 6, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. An appellate court reviews the trial court’s decision on a motion to suppress evidence using a bifurcated standard. […]