727 P.2d 904 DEAN E. SMALL, Appellee, v. JOHN B. KEMP, Secretary of Transportation for the State of Kansas, Appellant. No. 58,516Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Governmental Power to Take Private Property for Public Use. One of the powers of government is the […]
Category: Kansas Court Opinions
STATE, EX REL., v. RUSSELL, 171 Kan. 709 (1951)
237 P.2d 363 STATE OF KANSAS, ex rel. CHAMP GRAHAM, County Attorney, Appellant, v. RILEY RUSSELL, Appellee. No. 38,463Supreme Court of Kansas Opinion filed November 10, 1951. SYLLABUS BY THE COURT 1. COURTS — Legislative Policy — Function of Court. Courts are not concerned with legislative policy or the wisdom thereof. Their province and duty […]
IN RE MARRIAGE OF PHILLIPS, 274 Kan. 1049 (2002)
58 P.3d 680 In the Matter of the Marriage of RICK D. PHILLIPS, Appellee, and CAROL LYNN PHILLIPS, Appellant. No. 87,999Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact by District Court — Findings Conclusive on Appeal if Unchallenged. Where the parties do […]
LANDSCAPE DEVELOPMENT CO. v. KANSAS CITY P. L. CO., 197 Kan. 126 (1966)
415 P.2d 398 LANDSCAPE DEVELOPMENT COMPANY, INC., Appellee, v. KANSAS CITY POWER LIGHT COMPANY, Appellant. No. 44,492Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT 1. NEW TRIAL — Order Granting Not Appealable — Exception to Rule Stated. Although an order granting a new trial is normally not appealable as a […]
SCHNEIDER v. WASHINGTON NATIONAL INS. CO., 200 Kan. 380 (1968)
437 P.2d 798 GEORGE L. SCHNEIDER, Appellee and Cross-Appellant, v. WASHINGTON NATIONAL INSURANCE COMPANY, Appellant, and Cross-Appellee. No. 44,946Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. INSURANCE — Health and Accident Policy — Truth of Statements in Application — Question for Jury. Where the truth of statements in an […]
COBB v. CORBETT, 278 Kan. 843 (2004)
COBB v. CORBETT. No. 91,395.Supreme Court of Kansas. December 14, 2004. Reported below 32 Kan. App. 2d 1184. Petition for review denied.
IN RE MARRIAGE OF ANDERSON, 25 Kan. App. 2d 754 (1998)
969 P.2d 913 In re Marriage of DELORA M. ANDERSON, Appellant, and ALLAN J. ANDERSON, Appellee. No. 80,314Court of Appeals of Kansas Opinion filed December 18, 1998 SYLLABUS BY THE COURT 1. DIVORCE — Custody — Modification of Decree of Another State. K.S.A. 38-1314(a) provides that a court of this state may not modify a […]
STATE v. PEMBERTON, 32 Kan. App. 2d 456 (2004)
84 P.3d 623 STATE OF KANSAS, Appellee, v. JENNIFER LYNN PEMBERTON, Appellant. No. 88,923.Court of Appeals of Kansas. Opinion filed February 20, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Illegal Sentence. An illegal sentence is a sentence imposed by a court without jurisdiction, a sentence which does not conform to the statutory […]
RURAL TELEPHONE SERV. v. KANSAS CORP. COMM’N, 31 Kan. App. 2d 760 (2003)
72 P.3d 937 RURAL TELEPHONE SERVICE COMPANY, INC., Petitioner, v. KANSAS CORPORATION COMMISSION, Respondent. No. 90,452.Court of Appeals of Kansas. Opinion filed July 18, 2003. SYLLABUS BY THE COURTTELECOMMUNICATIONS — Tariff Revision Proposed by Rural Local Exchange Carrier — Kansas Corporation Commission Not Permitted to Reduce Carrier’s Kansas Universal Service Fund Support. Where a rural […]
TIRE DISPOSAL FACILITATORS v. STATE, HARDER, 22 Kan. App. 2d 491 (1996)
919 P.2d 362 TIRE DISPOSAL FACILITATORS, INC., Appellee, v. STATE OF KANSAS ex rel. ROBERT C. HARDER, SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellant. No. 74,058[1] Court of Appeals of Kansas Opinion filed May 24, 1996 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to […]
IN RE ESTATE OF SHIRK, 188 Kan. 513 (1961)
363 P.2d 461 In the Matter of the Estate of Gertrude McCourt Shirk, Deceased. BETTY SHIRK O’BRIEN, Appellant, v. WILLIAM S. SHIRK, Executor, Appellee and Cross Appellant. No. 42,261Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT PLEADINGS — Motion to Strike — Demurrers — Appeal Not Taken Within Time. Where […]
IN RE CODER, 272 Kan. 758 (2001)
35 P.3d 853 In the Matter of JAMES W. CODER, Respondent. No. 87,392Supreme Court of Kansas Opinion filed: December 7, 2001. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One Year Suspension. Original proceeding in discipline. Opinion filed December 7, 2001. Suspension for 1 year. Frank D. Diehl, deputy disciplinary administrator, argued […]
ROBERTS v. SEDGWICK COUNTY CODE ENFORCEMENT, 91,500 (Kan.App. 2-25-2005)
106 P.3d 515 ROBERTS v. SEDGWICK COUNTY CODE ENFORCEMENT. No. 91,500.Court of Appeals of Kansas February 25, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed as modified.
IN RE J.A.H., 284 Kan. 945 (2007)
In re J.A.H. No. 96,364.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Granted
STATE v. STRONG., 284 Kan. 950 (2007)
State v. Strong. No. 93,075.Supreme Court of Kansas. May 9, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied. Page 951
IN RE M.K., 275 Kan. 964 (2003)
IN RE M.K. No. 88,503.Supreme Court of Kansas March 24, 2003. Reported below 31 Kan. App. 2d 24. Petition for review denied.
STATE v. FOULK, 195 Kan. 349 (1965)
404 P.2d 961 THE STATE OF KANSAS, Appellee, v. PAUL FOULK, Appellant. No. 44,075Supreme Court of Kansas Opinion filed August 17, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Second Motion to Vacate Judgment and Sentence — No Hearing Permitted. In an appeal from the trial court’s order summarily dismissing defendant’s second motion under K.S.A. […]
BUEHLER REV. TRUST v. ANGLE, 32 Kan. App. 2d xix (2003)
Buehler Rev. Trust v. Angle. No. 89,686.Court of Appeals of Kansas. December 5, 2003. Appeal from the Trego. Unpublished Opinions Affirmed.
DeBAUGE BROS., INC. v. WHITSITT, 212 Kan. 758 (1973)
512 P.2d 487 DeBAUGE BROS., INCORPORATED, Appellee, v. G.C. WHITSITT and BERNICA R. WHITSITT, Appellants. No. 46,954Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. SPECIFIC PERFORMANCE — Sale of Retail Franchise. A contract for sale of a retail franchise, along with the real property necessary to operate the business, […]
STATE v. DOYEN, 224 Kan. 482 (1978)
580 P.2d 1351 STATE OF KANSAS, Appellant and Cross-Appellee, v. Ross O. DOYEN, Appellee and Cross-Appellant. No. 49,982Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Construction of Criminal Statutes. A criminal statute is to be strictly construed and is not to be extended by courts to […]
STATE v. BECKER, 264 Kan. 804 (1998)
958 P.2d 627 STATE OF KANSAS, Petitioner, v. THE HONORABLE STEVEN R. BECKER, JUDGE OF THE DISTRICT COURT, DIV. III, 27th JUDICIAL DISTRICT, Respondent. No. 79,440Supreme Court of Kansas Opinion filed April 24, 1998 SYLLABUS BY THE COURT 1. KANSAS CONSTITUTION — Mandamus. Article 3, § 3 of the Kansas Constitution provides original jurisdiction in […]
STATE v. LUMLEY, 267 Kan. 4 (1999)
977 P.2d 914 STATE OF KANSAS, Appellee, v. ROY A. LUMLEY, Appellant. No. 78,447Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Probation — Statutory Procedure When Defendant Violates Probation. Probation from serving a sentence is an act of grace by the sentencing judge and, […]
SHELTON v. SIMPSON, 184 Kan. 270 (1959)
336 P.2d 159 HARRY SHELTON and LOUISE SHELTON, Appellants, v. B.W. SIMPSON and ELSIE P. SIMPSON, Appellees. No. 41,203Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT APPEAL AND ERROR — Assignments of Error — Failure to Specify as Error Overruling Motion for New Trial — Effect. Where an appeal is […]
BROWN v. KANSAS DEPT. OF REVENUE, 286 Kan. 1176 (2008)
Brown v. Kansas Dept. of Revenue. No. 98,308.Supreme Court of Kansas. May 9, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
HARTMAN v. NORDQUIST, 8 Kan. App. 2d 213 (1982)
653 P.2d 1199 DOROTHY HARTMAN, Executrix of the Estate of Francis Leo Hartman, Deceased, a/k/a Frank Hartman and Charles E. Watson, Appellants and Cross-appellees, v. ELSA E. NORDQUIST, a/k/a Elsa M. Nordquist, a/k/a Elsie M.E. Nordquist, Carlos G. Nordquist, a/k/a Carl G. Nordquist, a/k/a C.G. Nordquist, E.M.E. Eggers, the unknown spouse of E.M.E. Eggers; the […]
LINES v. CITY OF TOPEKA, 223 Kan. 772 (1978)
577 P.2d 42 DAVID LINES, Appellee and Cross-Appellant, v. CITY OF TOPEKA, et al., Appellants and Cross-Appellees. No. 49,222Supreme Court of Kansas Opinion filed April 1, 1978. SYLLABUS BY THE COURT 1. STATUTES — Penal Statutes — Vagueness of Language — Due Process Violation. A penal statute must sufficiently inform those who are subject to […]
STATE v. WINDOM, 23 Kan. App. 2d 429 (1997)
932 P.2d 1019 STATE OF KANSAS, Appellee, v. JEROME WINDOM, Appellant. No. 75,023Court of Appeals of Kansas Opinion filed February 7, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Court’s Refusal to Depart from Presumptive Sentence — Court’s Reasons Need Not Be Stated. Under the Kansas Sentencing Guidelines Act, when a sentencing […]
STATE v. HARRISON, 228 Kan. 558 (1980)
618 P.2d 827 STATE OF KANSAS, Appellee, v. REBECCA L. HARRISON, Appellant. No. 51,741Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Compulsion Defense. In a criminal action, the defense of compulsion under K.S.A. 21-3209 is not available if the defendant had a reasonable opportunity to escape […]
IN RE HILL, 259 Kan. 877 (1996)
915 P.2d 49 In the Matter of CHARLES E. HILL, Respondent. No. 75,283Supreme Court of Kansas Opinion filed April 19, 1996 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Suspension. Original proceeding in discipline. Opinion filed April 19, 1996. Two-year suspension. Mark F. Anderson, disciplinary administrator, argued the cause and was […]
TURNER BOISSEAU, CHTD. v. BOARD OF HEALING ARTS, 26 Kan. App. 2d 36 (1998)
978 P.2d 288 TURNER BOISSEAU, CHARTERED, and HAL D. MELTZER, Individually, Appellants, v. KANSAS STATE BOARD OF HEALING ARTS, Appellee. No. 78,000[1] Court of Appeals of Kansas Opinion Filed December 24, 1998. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 16, […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 9-26-2003)
77 P.3d 1009Court of Appeals of Kansas September 26, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Walls 89,231 Wyandotte 09/26/2003 Affirmed State v. Black 89,351 Wyandotte 09/26/2003 Affirmed State v. Burger 89,400 Sedgwick 09/26/2003 Reversed in part and dismissed in part State v. Pugh 89,408 Sedgwick 09/26/2003 Affirmed State v. […]
STATE v. NOBLE, 281 Kan. ix (2006)
State v. Noble. No. 95,050.Supreme Court of Kansas. June 9, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. MORGAN, 280 Kan. 989 (2005)
State v. Morgan. No. 94,169.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
LEWIS v. STATE, 283 Kan. 931 (2007)
Lewis v. State. No. 93,015.Supreme Court of Kansas. March 27, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
GLASS v. WIESNER, 172 Kan. 133 (1951)
238 P.2d 712 W.H. GLASS, JR., Appellee, v. F.L. WIESNER, Appellant. No. 38,473Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT 1. BUILDING AND CONSTRUCTION CONTRACTS — Guaranty or Warranty of Performance — Implied Warranty Building Will Serve Purpose. Although a contract to erect structures for the storage of grain contains […]
FERGUSON v. FARM BUREAU MUTUAL INS. CO., 171 Kan. 679 (1951)
237 P.2d 234 CRIS FERGUSON, Appellee, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant. No. 38,426Supreme Court of Kansas Opinion filed November 10, 1951. SYLLABUS BY THE COURT INSURANCE — Damage by Upset — Sufficiency of Petition — Evidence. In an action to recover damages under a policy insuring a truck against damages caused by […]
STATE v. BOSTER, 4 Kan. App. 2d 355 (1980)
606 P.2d 1035 STATE OF KANSAS, Appellee, v. JACK D. BOSTER, Appellant, and STATE OF KANSAS, Appellee, v. RAY A. WINTERS, Appellant. Nos. 50,607, 50,640Court of Appeals of Kansas Opinion filed February 15, 1980 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Warrantless Arrest — Validity. An arrest without a warrant does not depend for […]
STATE v. DRESSEL, 241 Kan. 426 (1987)
738 P.2d 830 STATE OF KANSAS, Appellee, v. ELMO DEAN DRESSEL, SAM McHUGH WEBB, and ROBERT WILLIS STRICKLAND, JR., Appellants. No. 56,940Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of […]
IN RE MOORE, 280 Kan. 971 (2006)
127 P.3d 270 In the Matter of NANCY L. MOORE, Respondent. No. 95,134.Supreme Court of Kansas. February 3, 2006. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed February 3, 2006. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and Stanton A. Hazlett, […]
STATE v. HUNZIKER, 274 Kan. 655 (2002)
56 P.3d 202 STATE OF KANSAS, Appellee, v. ROBERT CLINTON HUNZIKER, Appellant. No. 86,861Supreme Court of Kansas Opinion filed: October 25, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Restitution — Condition of Probation — Scope of Permissible Restitution. While a sentencing judge has considerable discretion in determining the amount of restitution […]
STOCKHAM v. LIFE INS. CO. OF NO. AMERICA, 27 Kan. App. 2d 639 (2000)
3 P.3d 97 KAZUKO STOCKHAM and KATHY STOCKHAM, Appellants, v. LIFE INSURANCE COMPANY OF NORTH AMERICA and ADVANCE INSURANCE COMPANY, Appellees. No. 84,023Court of Appeals of Kansas Opinion filed June 9, 2000. Petition for review denied 270 Kan. 903 (2000). SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute […]
WEBER v. WEBER, 36 Kan. App. 2d xxvi (2006)
Weber v. Weber. No. 94,572.Court of Appeals of Kansas. September 15, 2006. Appeal from the Doniphan. Unpublished Opinions Affirmed.
STATE v. SAYLOR, 4 Kan. App. 2d 563 (1980)
608 P.2d 421 STATE OF KANSAS, Appellee, v. GLENN LEE SAYLOR, Appellant. No. 51,047Court of Appeals of Kansas Opinion filed April 4, 1980 Petition for review granted June 26, 1980. SYLLABUS BY THE COURT CRIMINAL LAW — Theft by Deception — Sufficiency of Evidence That Victim Deceived — Lesser Included Instruction on Attempted Theft. In […]
FEDERAL REPUBLIC OF GERMANY v. NELSEN, 247 Kan. 461 (1990)
799 P.2d 1038 FEDERAL REPUBLIC OF GERMANY, STATE OF BRADEN-WURTTEMBERG, COUNTY OF MANNHEIM, ex rel. Daniel Deinlein, Plaintiff/Appellant, v. JAMES FRANCIS NELSEN, Defendant/Appellee. No. 64,539Supreme Court of Kansas Opinion filed October 26, 1990. SYLLABUS BY THE COURT PARENT AND CHILD — Child Support — Enforcement Action Brought on Behalf of Foreign Country — Action Dismissed […]
STATE v. MARSAC, 36 Kan. App. 2d xxii (2006)
State v. Marsac. No. 93,577.Court of Appeals of Kansas. August 11, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
IN RE VANNERSON, 225 Kan. 165 (1978)
588 P.2d 462 In re The Complaint made against STANLEY S. VANNERSON by the State Board of Law Examiners. No. 50,365 (Bar Docket No. 8190)Supreme Court of Kansas December 14, 1978 ORDER OF SUSPENSION ATTORNEYS — Disciplinary Proceeding — Suspension. WHEREAS, In a proceeding conducted by the State Board of Law Examiners to inquire into […]
STATE v. OLSON, 287 Kan. 768 (2008)
State v. Olson. No. 97,698.Supreme Court of Kansas. November 4, 2008. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
LYNN v. TAYLOR, 7 Kan. App. 2d 369 (1982)
642 P.2d 131 RICHARD LYNN, Appellee, v. J. SCOTT TAYLOR, Appellant, THRIFTWAY, INC., Defendant, L.G. LANGSTON, Appellant. No. 52,623Court of Appeals of Kansas Opinion filed March 18, 1982 Petition for review denied May 21, 1982. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Fraudulent Concealment — Concealment of Material Fact. In an action for […]
GARNER v. NELSON, 25 Kan. App. 2d 394 (1998)
963 P.2d 1242 JEFFREY L. GARNER, Appellant, v. MICHAEL A. NELSON, WARDEN, et al., Appellees. No. 80,524Court of Appeals of Kansas Opinion filed August 14, 1998 SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Good Time Credits — Regulatory Scheme That Causes Forfeiture of Good Time Credits — Ex Post Facto Analysis — Cases Discussed […]
J.T. HINES, INC. v. STATE, 28 Kan. App. 2d 181 (2000)
12 P.3d 897 J.T. HINES, INC., and JOHN T. HINES, JR., d/b/a J.T. HINES HOME IMPROVEMENT, Appellants, v. STATE OF KANSAS ex. rel. RICHARD E. BEYER, SECRETARY OF HUMAN RESOURCES, Appellee. No. 84,336[1] Court of Appeals of Kansas Opinion filed: September 1, 2000. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court […]
HUTCHINSON NAT’L BANK TR. CO. v. BROWN, 12 Kan. App. 2d 673 (1988)
753 P.2d 1299 HUTCHINSON NATIONAL BANK AND TRUST COMPANY, Appellant, v. IDA M. BROWN, Appellee. No. 60,645Court of Appeals of Kansas Opinion filed May 5, 1988 Petition for review denied June 22, 1988. SYLLABUS BY THE COURT JOINT TENANCY — Certificate of Deposit — Unilateral Pledge of Certificate Dissolves Joint Tenancy. A unilateral pledge of […]
TALBOTT v. FARMERS UNION CO-OP ELEVATOR, 174 Kan. 435 (1953)
256 P.2d 856 SEVILLA L. TALBOTT and CHESTER T. TALBOTT, Appellees, v. FARMERS UNION CO-OP ELEVATOR and RALPH BATTEN, Appellants. No. 38,912Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT NEGLIGENCE — Attractive Nuisance — Sufficiency of Petition — Statute of Limitations. In an action for wrongful death based upon the […]
STATE, EX REL., v. BISSING, 178 Kan. 111 (1955)
283 P.2d 418 STATE, ex rel. WARNER MOORE, County Attorney of Sedgwick County, By KEITH SANBORN, Deputy County Attorney of Sedgwick County, Kansas, Appellant, v. AL M. BISSING, and THE WICHITA GREYHOUND CLUB, and all Agents, Servants and Employees of Each of Them, Appellees. No. 39,706Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS […]
STATE v. WILLIAMS, 280 Kan. 991 (2005)
State v. Williams. No. 91,438.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. KIRK, 286 Kan. 1183 (2008)
State v. Kirk. No. 97,907.Supreme Court of Kansas. September 22, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. SCHOW, 287 Kan. 529 (2008)
197 P.3d 825 STATE OF KANSAS, Appellee, v. CLIFTON LANE SCHOW, Appellant. No. 96,820.Supreme Court of Kansas. Opinion Filed December 12, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Criminal History — Defendant May File Written Objection to Criminal History Worksheet — State’s Burden of Proof. Pursuant to the provisions of K.S.A. 21-4715(c), […]
STATE v. ALFREY, 36 Kan. App. 2d xviii (2006)
State v. Alfrey. No. 95,691.Court of Appeals of Kansas. July 21, 2006. Appeal from the Atchison. Unpublished Opinions Affirmed.
STATE v. GALLOWAY, 235 Kan. 70 (1984)
680 P.2d 268 STATE OF KANSAS, Appellant, v. SHERMAN L. GALLOWAY, Appellee. No. 55,370Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Interlocutory Appeal by State from Pretrial Order Which Excludes State’s Evidence. Under K.S.A. 22-3603, pretrial orders of a district court which exclude State’s evidence so […]
STATE v. GRAY, 286 Kan. 1182 (2008)
State v. Gray. No. 97,403.Supreme Court of Kansas. July 3, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
ESTATE OF BECKNER v. JENSEN, 29 Kan. App. 2d 129 (2001)
24 P.3d 169 ESTATE of CANDY JO BECKNER, Deceased, by LELAND BECKNER, Administrator and Surviving Spouse, Appellant, v. DANIEL L. JENSEN and VICKY K. JENSEN, Appellees. No. 85,142Court of Appeals of Kansas Opinion filed: May 11, 2001. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Motion to Dismiss — Legal Sufficiency of Claim — Determination. […]
STATE v. COMBS, 280 Kan. 45 (2005)
118 P.3d 1259 STATE OF KANSAS, Appellee, v. BOVI L. COMBS, Appellant. No. 89,706.Supreme Court of Kansas. Opinion filed September 9, 2005. SYLLABUS BY THE COURTCRIMINAL LAW — Miranda Warnings — Voluntariness of Confession — Jury Instruction That Victim’s Death Occurred in Kansas. Under the facts and circumstances in this case as fully set forth […]
RIVER CITY BROADCASTING v. SYSTEMS WITH RELIABILITY, 262 Kan. 680 (1997)
941 P.2d 937 RIVER CITY BROADCASTING, INC., Appellee, v. SYSTEMS WITH RELIABILITY, INC., Defendant, and GLENN BELL d/b/a BELL MARINE CONSULTING, Appellant. No. 74,660Supreme Court of Kansas Opinion filed July 11, 1997 SYLLABUS BY THE COURT 1. CORPORATION — Articles of Incorporation — Statutory Requirement of Filing with Secretary of State and Recording with County […]
STATE v. JACKSON, 280 Kan. 987 (2005)
State v. Jackson. No. 92,585.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
BETZ v. FARM BUREAU MUTUAL INS. AGENCY OF KANSAS, 269 Kan. 554 (2000)
8 P.3d 756 TOMMY BETZ and TOMMY BETZ d/b/a WEST RIDGE HOLDING COMPANY, Appellant, v. FARM BUREAU MUTUAL INSURANCE AGENCY OF KANSAS, INC., KFB INSURANCE CO., INC., STATE FARM MUTUAL INSURANCE CO., and CHRISTOPHER D. CLAPHAM, Appellees. No. 81,168Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT TORTS — Parent’s Action […]
MATHENA v. IBP, INC., 33 Kan. App. 2d 956 (2005)
111 P.3d 1068 TERESA J. MATHENA, Appellee, v. IBP, INC. (NKA TYSON FRESH MEATS, INC.), Appellant. No. 92,841.Court of Appeals of Kansas. Opinion filed May 27, 2005. SYLLABUS BY THE COURTWORKERS COMPENSATION — Compensation — Statute Analyzed. K.S.A. 44-510d and K.S.A. 44-510e are analyzed and applied. Appeal from the Workers Compensation Board. Opinion filed May […]
STATE v. BLACKBURN, 287 Kan. 766 (2008)
State v. Blackburn. No. 97,741.Supreme Court of Kansas. November 4, 2008. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
GILES v. STATE, 278 Kan. 844 (2004)
GILES v. STATE. No. 88,480.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
STATE v. YATES, 220 Kan. 635 (1976)
556 P.2d 176 STATE OF KANSAS, Appellee, v. DONALD ALFRED YATES, Appellant. No. 48,042Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. TRIAL — Erroneous Admission of Evidence — When Reversal Required — Harmless Error. K.S.A. 60-261 requires the courts of Kansas to disregard any error or defect in a […]
MILLS v. STATE, 32 Kan. App. 2d xxviii (2004)
Mills v. State. No. 91,031.Court of Appeals of Kansas. July 2, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
SAUCEDO v. WINGER, 22 Kan. App. 2d 259 (1996)
915 P.2d 129 LYDIA SAUCEDO, Appellee, v. RAY WINGER, M.D., Appellant. No. 73,354Court of Appeals of Kansas Opinion filed April 19, 1996. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Insurance Policy Interpretation — Appellate Review. Interpretation of an insurance policy, like the construction of any written instrument, is a question of law. The […]
DeFOREST v. HERBERT, 204 Kan. 516 (1970)
464 P.2d 265 JOHN D. DeFOREST and CHARLES K. DeFOREST, Appellants, v. O.F. HERBERT, H.L. HIEBERT, and ED. W. NAVRAT, Board of Commissioners of Marion County, Kansas; and BILL MEYER, AL RIFFEL, L.L. HADSELL, ALBERT KLENDA and LEO REID, Board of Directors of Hospital District No. 1 of Marion County, Kansas; and BURNACE C. POWELL, […]
STATE v. NORRIS, 280 Kan. 989 (2006)
State v. Norris. No. 94,660.Supreme Court of Kansas. February 14, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
ELLIS v. SILL, 190 Kan. 300 (1962)
374 P.2d 213 HAROLD ELLIS, As Next of Kin of Harold Warren Ellis, Deceased, Appellee, v. CLAUDE ELLISON SILL, HENRY MARTELL, RICHARD TEICHGRAEBER, and HENRY MARTELL and RICHARD TEICHGRAEBER d/b/a EUREKA DRILLING COMPANY, Appellants. No. 42,850Supreme Court of Kansas Opinion filed August 28, 1962. SYLLABUS BY THE COURT 1. DEATH — Wrongful Death Action Maintained […]
STATE v. MERRIFIELD, 180 Kan. 267 (1956)
303 P.2d 155 STATE OF KANSAS, Appellee, v. CLARENCE HENRY MERRIFIELD, Appellant. No. 40,233Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT 1. AUTOMOBILES — Driving While License Suspended — Authorization by Sheriff Unlawful. No sheriff has authority under G.S. 1949, 8-262, to authorize or direct any person to drive a […]
STATE v. PORSCH, 286 Kan. 1184 (2008)
State v. Porsch. No. 97,147.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
DAVIS v. STATE, 211 Kan. 257 (1973)
505 P.2d 293 LARRY DALE DAVIS, Appellant, v. STATE OF KANSAS, Appellee. No. 46,889Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION HABEAS CORPUS — Mistreatment of Inmates — Procedure. Appeal from Leavenworth district court, division No. 1; KENNETH HARMON, judge. Opinion filed January 20, 1973. Reversed with directions. Douglas G. Waters, Jr., […]
WILSON v. KANSAS TURNPIKE AUTHORITY, 181 Kan. 1025 (1957)
317 P.2d 843 CLYDE WILSON, Appellee, v. THE KANSAS TURNPIKE AUTHORITY, Appellant. No. 40,650Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal from Adverse Ruling on Demurrer — Motions — Review. Under the provisions of G.S. 1955 Supp., 60-3314a, where a defendant appeals from an […]
STEELE v. MISSOURI PACIFIC R.R. CO., 232 Kan. 855 (1983)
659 P.2d 217 LARRY STEELE AND JOE SMITH, Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee. IN THE MATTER OF APPLICATION FOR EXERCISE OF THE RIGHT OF EMINENT DOMAIN. MISSOURI PACIFIC RAILROAD COMPANY, Appellee, v. GANO TSCHUDY, et al., Appellants. Nos. 54,870, 54,871Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. […]
IN RE MARRIAGE OF BOLDRIDGE, 29 Kan. App. 2d 581 (2001)
29 P.3d 454 In the Matter of the Marriage of IRVING E. BOLDRIDGE, Appellant, and SOPHIA E. BOLDRIDGE, Appellee. No. 85,962Court of Appeals of Kansas Opinion filed: August 3, 2001. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property — No Continuing Jurisdiction of Trial Court. A trial court has no continuing jurisdiction to […]
SNYDER REALTY CO. v. CITY OF OVERLAND PARK, 208 Kan. 273 (1971)
492 P.2d 187 SNYDER REALTY COMPANY, Appellant, v. CITY OF OVERLAND PARK, KANSAS, Appellee. No. 46,130Supreme Court of Kansas Opinion filed December 11, 1971. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Boundaries of Improvement Districts — Scope of Discretion. In defining the boundaries of an improvement district and in establishing a method of assessment […]
STATE v. HANEY, 280 Kan. 987 (2005)
State v. Haney. No. 92,779.Supreme Court of Kansas. November 1, 2005. Appeal from the 34 Kan. App. 2d 232. Petitions for Review of Decisions of the Court of Appeals Denied.
PANHANDLE EASTERN PIPE LINE CO. v. FADELY, 189 Kan. 283 (1962)
369 P.2d 356 PANHANDLE EASTERN PIPE LINE COMPANY, Appellee, v. RICHARD T. FADELY, As Director of Revenue of the State of Kansas, and WALTER E. PEERY, As State Treasurer of the State of Kansas, Appellants. HUGOTON PRODUCTION COMPANY, Appellee, v. RICHARD T. FADELY, As Director of Revenue of the State of Kansas, and WALTER E. […]
SINCLAIR OIL CORP. v. SYLVAN STATE BANK, 254 Kan. 836 (1994)
869 P.2d 675 SINCLAIR OIL CORPORATION, Plaintiff, v. SYLVAN STATE BANK, Defendant. No. 69,653Supreme Court of Kansas Opinion filed March 4, 1994. SYLLABUS BY THE COURT BANKS AND BANKING — Certified Question from Federal District Court — Electronic Fund Transfer Debit Transactions — Applicability of Kansas Uniform Commercial Code. The United States District Court for […]
BREWSTER v. CITY OF OVERLAND PARK, 233 Kan. 390 (1983)
661 P.2d 1240 JAMES M. BREWSTER, et al., Appellees, v. THE CITY OF OVERLAND PARK, KANSAS, Appellant. CITY OF PITTSBURG, Appellant, v. CARL PINGRY, Appellee. Nos. 54,851, 55,031Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE COURT COUNTIES — Law Library — Exemption of Attorneys from Occupation Taxes or City License Fees […]
CITY OF TOPEKA v. MARTIN, 3 Kan. App. 2d 105 (1979)
590 P.2d 106 CITY OF TOPEKA, Appellee, v. JAMES D. MARTIN, Appellant. No. 50,095Court of Appeals of Kansas Opinion filed February 9, 1979 SYLLABUS BY THE COURT CRIMINAL LAW — Appealable Judgment — Order Finding Defendant Guilty Not Appealable. In a criminal case it is held that sentence must be imposed or the imposition of […]
STATE v. KATES, 277 Kan. 926 (2004)
STATE v. KATES. No. 89,738.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.
STATE v. FONSECA, 35 Kan. App. 2d xvi (2006)
State v. Fonseca. No. 93,908.Court of Appeals of Kansas. April 14, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
STATE v. LAYTON, 31 Kan. App. 2d 350 (2003)
65 P.3d 551 STATE OF KANSAS, Appellee, v. JOHN DON LAYTON, Appellant. No. 87,871.Court of Appeals of Kansas. Original opinion filed December 13, 2002. Modified opinion filed March 28, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of review […]
STATE v. HOOKS, 251 Kan. 755 (1992)
840 P.2d 483 STATE OF KANSAS, Appellee, v. RODNEY J. HOOKS, Appellant. No. 66,872Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Prosecution of Juvenile as Adult — Considerations by Trial Court. In determining whether or not a juvenile should be prosecuted as an adult pursuant […]
BROWN v. STATE, 32 Kan. App. 2d xix (2004)
Brown v. State. No. 90,217.Court of Appeals of Kansas. April 2, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
WICHITA WIRE, INC. v. LENOX, 11 Kan. App. 2d 459 (1986)
726 P.2d 287 WICHITA WIRE, INC., and PLAZA TOWEL HOLDER CO., INC., Appellees, v. ARLENE LENOX and LENOX MANUFACTURING, INC., Appellants. No. 58,372Court of Appeals of Kansas Opinion filed October 9, 1986 SYLLABUS BY THE COURT 1. INJUNCTION — Equitable Remedy — Application. An injunction is an equitable remedy and its grant or denial in […]
IN RE ESTATE OF SOWERS, 1 Kan. App. 2d 675 (1977)
574 P.2d 224 In the Matter of the Estate of Clarence R. Sowers, Deceased. SOUTHWEST NATIONAL BANK, Appellee, v. JOHN W. SOWERS, Appellant. No. 48,762Court of Appeals of Kansas Opinion filed November 23, 1977 SYLLABUS BY THE COURT 1. WILLS — Creditor’s Secured Claim against Estate — Aggrieved Party. A creditor having a secured claim […]
DUKE v. STATE, 36 Kan. App. 2d xiii (2006)
Duke v. State. No. 95,180.Court of Appeals of Kansas. November 22, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. CULBERTSON, 214 Kan. 884 (1974)
522 P.2d 391 STATE OF KANSAS, Appellee, v. DAVE CULBERTSON, Appellant. No. 47,338Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. MISTRIAL — When Mistrial May Be Declared. Mistrial may be declared by the trial court under circumstances outlined in K.S.A. 1973 Supp. 22-3423 and absent evidence of abuse of […]
STATE v. BOWLIN, 43 Kan. App. 2d 671 (2010)
STATE OF KANSAS, Appellee, v. KARL BOWLIN, Appellant. No. 99,213.Court of Appeals of Kansas. Opinion filed April 30, 2010. SYLLABUS BY THE COURT1. ATTORNEY AND CLIENT — Ineffective Assistance of Counsel — Appellate Review. A claim alleging ineffective assistance of counsel presents mixed questions of fact and law requiring de novo review. 2. CRIMINAL LAW […]
JOHNSON v. JOHNSON COUNTY, 281 Kan. 1378 (2006)
Johnson v. Johnson County. No. 93,466.Supreme Court of Kansas. June 8, 2006. Appeal from the 36 Kan. App. 2d 786. Petitions for Review of Decisions of the Court of Appeals Denied.
CRIMMINS v. HORSESHOE CREEK WATERSHED JOINT, 25 Kan. App. 2d 63 (1998)
956 P.2d 1355 ROBERT CRIMMINS, HARVEY WOLLENBERG, EARL KRUSE, LEO JUENEMAN, AND LOREN H. MUELLER, Appellants, v. HORSESHOE CREEK WATERSHED JOINT DISTRICT NO. 110 OF MARSHALL AND WASHINGTON COUNTIES, KANSAS, AND RICHARD SCHOTTE, PRESIDENT, AND NORBERT KLIPP, SECRETARY, Appellees. No. 77,847Court of Appeals of Kansas Opinion filed April 17, 1998 SYLLABUS BY THE COURT 1. […]
SMITH v. STEWART, 233 Kan. 904 (1983)
667 P.2d 358 GERALD SMITH, Appellant, v. KENNETH F. STEWART, Appellee. No. 55,084Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — “Merchant.” “Merchant” means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill […]
IN RE ESTATE OF WOODFORD, 171 Kan. 265 (1951)
232 P.2d 456 In re Estate of Laura C. Woodford, Deceased. (CARL HAYES, Appellant, v. THE AMERICAN NATIONAL BANK OF HUTCHINSON, Administrator of the Estate of Laura C. Woodford, Deceased, Appellee.) No. 38,268Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Claim Against Estate — Quantum Meruit […]
STATE v. CLARY, 286 Kan. 1181 (2008)
State v. Clary. Nos. 96,905, 96,906.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.