Category: Kansas Court Opinions

92 P.3d 1096 STATE OF KANSAS, Appellee, v. BENNY R. SMITH, Appellant. No. 87,294.Supreme Court of Kansas. Opinion filed June 25, 2004. SYLLABUS BY THE COURTCRIMINAL LAW — First-degree Murder — Defendant’s Conviction for Premeditated Murder Affirmed. The record on appeal and the arguments of the parties are examined and it is held: Defendant is […]

946 P.2d 998 IN THE MATTER OF LYNN L. PERKINS, Respondent. No. 78,758Supreme Court of Kansas Opinion filed October 31, 1997. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two Years’ Supervised Probation. Original proceeding in discipline. Opinion filed October 31, 1997. Two years’ supervised probation. Frank D. Diehl, deputy disciplinary administrator, […]

339 P.2d 292 CHARLES BECKER, Appellee, v. HAROLD ROOTHE, Appellant. No. 41,424Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. JUDGMENTS — Default Judgment Taken Without Evidence of Damage — Motion to Vacate — Procedure. In a tort action for unliquidated damages where the defendant defaults in filing an answer, […]

473 P.2d 77 Z. MAE RINEY, Appellee, v. EARL RINEY, Appellant. No. 45,714Supreme Court of Kansas Opinion filed July 17, 1970. SYLLABUS BY THE COURT 1. DIVORCE — Installment Payments for Child Support — Final Judgments. In this jurisdiction installment payments, decreed in a divorce action for the support and education of the minor children […]

608 P.2d 1020 STATE OF KANSAS, Appellee, v. ROBERT R. JOHNSON, JR., Appellant. No. 50,909Court of Appeals of Kansas Opinion filed March 14, 1980 SYLLABUS BY THE COURT 1. CONTINUANCES — Grant or Denial — Discretion of Trial Court. The decision to grant or deny a continuance rests within the sound discretion of the trial […]

350 P.2d 54 JAMES RIGGS, Appellee, v. W.M. SNELL, Appellant. (DIANNA RIGGS; ROBERT M. DOLL; E.E. GILES; EDWARD E. GILES; HAROLD F. YOUNG; and, if any of the above named defendants is deceased, the respective unknown heirs, executors, administrators, devisees, trustees, creditors and assigns thereof; and the unknown heirs, executors, administrators, devisees, trustees, creditors and […]

124 P.3d 19 STATE OF KANSAS, Appellee, v. JEARL W. ADAMS, JR., Appellant. No. 90,318.Supreme Court of Kansas. Opinion filed December 9, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutor’s Failure to Disclose Information to Defendant — No Violation of Rule in Brady v. Maryland under Facts of Case. Under the circumstances of this […]

79 P.3d 179 PHILIP W. HAYWOOD, Appellee, v. CESSNA AIRCRAFT COMPANY and KEMPER INSURANCE COMPANIES, Appellants. No. 87,899.Court of Appeals of Kansas. Opinion filed August 16, 2002. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Findings Upheld by Appellate Court When Supported by Substantial Evidence. Findings supported by substantial evidence will be upheld by an […]

126 P.3d 437 STATE OF KANSAS, Appellee, v. RONNIE L. TAYLOR, Appellant. Petition for review denied 281 Kan. 1381 (2006). No. 91,994.Court of Appeals of Kansas. Opinion filed January 20, 2006. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Conviction May Be Based upon Either Direct or Circumstantial Evidence. Facts can be established at trial […]

216 P.2d 817 I.G. FULLINGTON (Revived in the name of Audrey Louise Fullington, Administratrix of the Estate of I.G. Fullington, deceased), Appellee, v. CLIFFORD GOODRICH, Appellant. No. 37,553Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT PLEADING — Action for Breach of Oral Contract — Damages — Sufficiency of Petition. In […]

593 P.2d 414 PARSONS — NATIONAL EDUCATION ASSOCIATION, Appellee-Cross-Appellant, v. UNIFIED SCHOOL DISTRICT NO. 503, Parsons, Kansas, Appellant-Cross-Appellee. No. 50,127Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Scope of Professional Negotiations. On appeal from a judgment of the district court in an action authorized under […]

14 P.3d 1099 IN THE MATTER OF THE APPEAL OF COLORADO INTERSTATE GAS COMPANY FROM A DECISION OF THE DIRECTOR OF PROPERTY VALUATION OF THE STATE OF KANSAS. No. 83,288Supreme Court of Kansas Opinion filed December 8, 2000. SYLLABUS BY THE COURT 1. TAXATION — Appeal to Board of Tax Appeals from Order of Director […]

542 P.2d 1051 STATE OF KANSAS, Appellee, v. WILLIAM GREGORY, Appellant. No. 47,797Supreme Court of Kansas Opinion filed November 8, 1975. SYLLABUS BY THE COURT 1. HOMICIDE — Murder and Manslaughter — Differ in Degrees. Murder and manslaughter are different degrees of the same generic crime, namely homicide. 2. MURDER — Manslaughter a Lesser Degree […]

839 P.2d 555 LEE WASHINGTON II, Appellant/Cross-Appellee, v. STATE OF KANSAS, Appellee/Cross-Appellant. No. 67,194Court of Appeals of Kansas Opinion filed October 16, 1992 Petition for review denied 252 Kan. ___ (December 23, 1992). SYLLABUS BY THE COURT 1. TORTS — Duty of Care Owed by One to Control Conduct of Third Person — No Duty […]

769 P.2d 1 SOUTHWEST KANSAS ROYALTY OWNERS ASSOCIATION, Appellees, and KANSAS POWER LIGHT, CO., et al., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Appellees. Nos. 60,808 and 61,249Supreme Court of Kansas Opinion filed January 20, 1989. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appellate Review of Agency Order […]

402 P.2d 779 In the Matter of the Estate of Kate Dumback, deceased. (DOROTHY M. DUMBACK HAGER, Appellant, v. ANNA TARKOWSKI, MAGGIE MILNER, LEWIS TARKOWSKI, GLENN W. PETERS, VICTORIA PETERS, LEWIS TARKOWSKI, Executor of the will and Estate of Kate Dumback, Deceased, DORA HALL, if living, and if deceased her Heirs, Executors, Administrators, Devisees, Trustees, […]

356 P.2d 852 BEN H. BLEVINS, JR., Appellant, v. WM. A. DAUGHERTY and MARY LOUISE DAUGHERTY; VALLEY FEDERAL SAVINGS AND LOAN ASSOCIATION OF HUTCHINSON, KANSAS; and RICHARD HARMON and HAROLD HARMON, d/b/a HARMON FURNITURE COMPANY, Appellees. No. 41,888Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — […]

538 P.2d 727 MARY J. CARLTON, Appellant, v. JACK K. CARLTON, Appellee. No. 47,717Supreme Court of Kansas Opinion filed July 17, 1975. MEMORANDUM OPINION DIVORCE — Termination of Alimony — Constitutionality of Statute. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Opinion filed July 17, 1975. Affirmed. Frank R. Cobb and […]

687 P.2d 23 RICHARD H. LACKEY, Deceased, Claimant/Appellee, v. D M TRUCKING, Respondent/Appellant, and HOME INSURANCE COMPANY, Insurance Carrier/Appellant. No. 55,665Court of Appeals of Kansas Opinion filed August 30, 1984 SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Construction of Act. The Kansas Workmen’s Compensation Act is to be liberally construed in order to award […]

744 P.2d 806 ADORIA BOYDSTON, As Executor of the Estate of Mercia Boydston, deceased; and ADORIA BOYDSTON, as lawful heir of Mercia Boydston; and ADORIA BOYDSTON and MAURICE WILSON, Appellants, v. BOARD OF REGENTS FOR THE STATE OF KANSAS, Appellee. No. 59,923Supreme Court of Kansas Opinion filed October 30, 1987. SYLLABUS BY THE COURT 1. […]

524 P.2d 1175 KENT BRUNNER and MICHAEL BELTZ, Appellees, v. HARLAN JENSEN, Appellant. No. 47,365Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT 1. SALES — Express Warranty Defined. Under the Uniform Commercial Code an express warranty by the seller is defined as any affirmation of fact or promise made by […]

402 P.2d 820 TOMMY HAMMETT a/k/a TOMMIE HAMMETT, Appellant, v. SAN ORE CONSTRUCTION COMPANY, INC., and JERRY DENNISON, Appellees. No. 44,111Supreme Court of Kansas Opinion filed June 12, 1965. SYLLABUS BY THE COURT 1. CONVICTS — Suspension of Civil Rights. A sentence of confinement and hard labor for a term less than life suspends all […]

259 P.2d 165 WILLA R. LOGAN, Appellee, v. THE VICTORY LIFE INSURANCE COMPANY, a Corporation, Appellant. No. 39,017Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT INSURANCE — Life Insurance — Cancellation for Nonpayment of Premium — Omission of Forfeiture Clause — Notice. In an action on a life insurance policy, […]

254 P.3d 97 STATE OF KANSAS, Appellee, v. JAMES MATTHEW SIMMONS, Appellant. No. 98,770.Supreme Court of Kansas. Opinion filed: July 8, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Two-step Analysis. Allegations of prosecutorial misconduct require a two-step analysis. First, the appellate court must determine whether the comments were outside the wide […]

172 P.3d 10 ALEX L. BELLAMY, Appellant, v. STATE OF KANSAS, Appellee. No. 94,365.Supreme Court of Kansas. December 7, 2007. SYLLABUS BY THE COURT1. HABEAS CORPUS — Options for District Court When Ruling on USA. 60-1507 Motion. The district court has three options for resolving a K.S.A. 60-1507 motion. First, it may determine that the […]

667 P.2d 890 STATE OF KANSAS, Appellee, v. JAMES L. LONG, Appellant. No. 54,158Court of Appeals of Kansas Opinion filed August 11, 1983 Reversed 234 Kan. 580, ___ P.2d ___ (1984). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Taking by Force. For a conviction of robbery (K.S.A. 21-3426) where it is alleged […]

732 P.2d 1260 JAMES A. CORRAL, Appellant, v. ROLLINS PROTECTIVE SERVICES COMPANY, d/b/a Rollins Protective Services, Inc., a subsidiary of Corporation of Rollins, Inc., Appellee. No. 59,325Supreme Court of Kansas Opinion filed February 20, 1987. SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Application. A motion for summary judgment is to be sustained […]

473 P.2d 90 VIRGIL HUXOL, Appellee, v. E.L. NICKELL, d/b/a NICKELL CONSTRUCTION COMPANY, Appellant, and AL M. ROME, d/b/a AL M. ROME DITCHING SERVICE, Appellee. No. 45,759Supreme Court of Kansas Opinion filed July 17, 1970. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence — No Reason to Apprehend Danger. One who fails to look […]

485 P.2d 1010 STATE OF KANSAS, Appellee, v. WILLIAM NEAL DODSON, Appellant. No. 45,599Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Property Seized in Warrantless Search — Probable Cause — Qualification of Jurors — Admitting Boots into Evidence — Comparison of Prints. The record in a […]

375 P.2d 771 CHESTER A. FISHER, Appellant, v. RHOADES CONSTRUCTION COMPANY, INC. (a Self Insurer), Appellee. No. 43,005Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Remanded With Directions to Make Findings — Extent of Authority of Trial Court. Where on appeal to the Supreme Court a […]

949 P.2d 1093 STATE OF KANSAS, Appellee, v. DANIEL M. DIAS, Appellant. No. 77,020.Supreme Court of Kansas Opinion filed December 12, 1997. SYLLABUS BY THE COURT CRIMINAL LAW — First-degree Murder — Lesser Included Offense Instruction on Voluntary Manslaughter — Use of non-PIK, Allen-type Instruction — Hard 40 Sentence. In a K.S.A. 21-3401(a) first-degree premeditated […]

207 P.3d 1072 STATE OF KANSAS, Appellee, v. MIGUEL D. MENDOZA, Appellant. No. 98,998.Court of Appeals of Kansas. Opinion filed May 22, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Convictions Arising from Same Conduct — Scope of Conduct Comprising One Criminal Violation Defines Unit of Prosecution. When several charges arise from the same conduct, […]

921 P.2d 850 WILLIAM J. GRAHAM, Appellee, v. PAUL M. LAMBETH, Appellant. No. 75,084Court of Appeals of Kansas Opinion filed August 23, 1996 SYLLABUS BY THE COURT 1. REAL PROPERTY — Tax Foreclosure Sale — Interest Acquired by Purchaser. One who obtains an interest in land by sheriff’s deed following a tax foreclosure sale acquires […]

556 P.2d 199 CLARA J. KIRTLAND, Appellant, v. TRI-STATE INSURANCE COMPANY, Appellee. No. 47,999Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. INSURANCE — Tort Action against Insurer — Statute Remedial Not Substantive — Two-year Statute of Limitations Applicable. Under K.S.A. 66-1,128 a party injured by the insured motor carrier […]

504 P.2d 184 ROY HENSLEY, KAY HAWES, H.H. BROWN, JR., and DARREL D. WILLIAMS, on Behalf of Themselves and All Other Resident Electors in the High School Attendance Center of Disorganized Ford County, Kansas, School District No. 84, Appellants, v. BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 443, Ford County, Kansas: DEAN HAMILTON, President; […]

561 P.2d 779 CENTRAL KANSAS POWER COMPANY, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant. No. 48,097Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Scope of Judicial Review of Commission’s Order. The scope of judicial review of an order of the corporation […]

840 P.2d 1203 KIMBERLY BROWN, Appellee, v. USAA CASUALTY INSURANCE COMPANY, Appellant. No. 67,534Court of Appeals of Kansas Opinion filed October 30, 1992 Petition for review denied 252 Kan. ___ (December 28, 1992). SYLLABUS BY THE COURT 1. INSURANCE — Underinsured Motorist Benefits — Insured Not Required to Obtain Judgment from Underinsured Motorist before Receiving […]

885 P.2d 1273 STATE OF KANSAS, Appellee, v. ANTHONY G. HOWARD, Appellant. No. 71,581Court of Appeals of Kansas Opinion filed December 9, 1994 SYLLABUS BY THE COURT 1. STATUTES — Construction — Question of Law. Interpretation of a statute is a question of law. 2. CRIMINAL LAW — Sentencing — Consecutive Sentences Required When Defendant […]

262 P.3d 336 CATHY THOMAS, Administratrix of the ESTATE OF ANTHONY D. STAPLETON, et al., Appellants, v. THE COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, et al. Appellees. No. 98,586Supreme Court of Kansas Opinion filed: September 23, 2011. SYLLABUS BY THE COURT1. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on […]

230 P.2d 1008 FLORENCE C. SEE, Appellee, v. UNITED INSURANCE COMPANY, An Insurance Corporation, Appellant. No. 38,213Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT 1. INSURANCE — Accident Insurance — Policy Form — Evidence — Kansas Contract. Examining the record in an action on an accident insurance policy, it is […]

662 P.2d 1275 STATE OF KANSAS, Appellee, v. DANNY LEE ROBINSON, Appellant. No. 54,819Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE COURT CRIMINAL LAW — Defendant’s Motion to Withdraw Guilty Pleas Denied — Constitutional Rights Not Violated by Prosecutor’s Threat to Recommend Sentencing under Habitual Criminal Act if Defendant Did Not […]

768 P.2d 268 STATE OF KANSAS, Appellee, v. DONALD L. NUNN, Appellant. No. 60,996Supreme Court of Kansas Opinion filed January 20, 1989. SYLLABUS BY THE COURT 1. EVIDENCE — Prior Crime or Civil Wrong — Admissibility. In ruling upon the admissibility of evidence of a prior crime or civil wrong under K.S.A. 60-455, the trial […]

906 P.2d 174 MARGARET A. SIMPSON, Appellee, v. STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant. No. 73,632Court of Appeals of Kansas Opinion filed November 22, 1995 Petition for review denied 259 Kan. ___ (February 6, 1996). SYLLABUS BY THE COURT 1. SOCIAL WELFARE — Medical Assistance — Discretionary Trust as Available Resource […]

124 P.3d 521 IN RE ESTATE OF SAUDER. No. 93,556.Court of Appeals of Kansas. December 16, 2005. Appeal from Coffey. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

295 P.2d 662 MILTON A. BENDER, Appellant, v. SALINA ROOFING COMPANY; FRANK W. EGAN, JOHN R. EGAN, and THOMAS F. EGAN; and THE HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellees. No. 40,024Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Accident Arising Out of and in the Course of […]

577 P.2d 362 SYLVESTER SMITH, JR., Appellant, v. KEVIN P. MARSHALL, a Minor, by Gloria A. Marshall, his Natural Mother and Next Friend, Appellees. No. 49,096Court of Appeals of Kansas Opinion filed April 14, 1978 Reversed, 225 Kan. 70. SYLLABUS BY THE COURT AUTOMOBILES — Personal Injury Action — “Permanent Disfigurement” Construed — Summary Judgment […]

543 P.2d 936 STATE OF KANSAS, Appellant, v. GREGORY K. COTTON, Appellee. No. 47,884Supreme Court of Kansas Opinion filed December 13, 1975. MEMORANDUM OPINION CRIMINAL LAW — Suppressing Tape Recorded Admissions — Waiver of Rights — Statements Voluntary — No Denial of Due Process. Appeal from Sedgwick district court, MARVIN O. BRUMMETT, judge assigned. Opinion […]

25 P.3d 138 STATE OF KANSAS, Appellant, v. AMY M. HODGDEN, Appellee. No. 85,427Court of Appeals of Kansas Opinion filed: May 4, 2001. SYLLABUS BY THE COURT 1. JURISDICTION — Appellate Court Jurisdiction — Scope of Review. Whether jurisdiction exists is a question of law over which an appellate court’s scope of review is unlimited. […]

522 P.2d 383 EILEEN M. ALMQUIST, Appellant, v. KENNETH T. ALMQUIST, Appellee. No. 47,285Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. DIVORCE — Adjusting Financial Obligations — Judicial Discretion — When Conclusive on Appeal. The district court is vested with wide discretion in adjusting the financial obligations of the […]

602 P.2d 129 RICHARD M. LILL, Appellant, v. STATE OF KANSAS, Appellee. No. 51,010Court of Appeals of Kansas Opinion filed November 9, 1979 SYLLABUS BY THE COURT CRIMINAL LAW — Nolo Contendere Plea — Collateral Attack on Plea — When Allowed. Under the facts of this case, petitioner’s plea of nolo contendere is tantamount to […]

403 P.2d 973 EARL WILLMETH, JACK BYERS and JOE E. FOBES, Appellants, v. NEAL C. HARRIS, V.E. TULLAR and RAY DEITZ, County Commissioners in and for Jewell County, Appellees. No. 44,224Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. BONDS — Action to Enjoin Tax Levy and Bond Issue — […]

312 P.2d 598 LILLIE M. ATTEBERY, widow and guardian, et al., Claimants, Appellees, v. GRIFFIN CONSTRUCTION COMPANY, Respondent, and U.S. FIDELITY AND GUARANTY COMPANY, Insurance Carrier, Appellants. No. 40,571Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Claimant May Not Join Principal and Contractor in Same Action. […]

269 P.2d 1025 JOSEPH MURPHREE, Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, Appellee, and CARL R. VOTH, doing business as VOTH PLANING MILL, JOY D. ANDERSON, et al., doing business as ANDERSON PAINTERS, and HARRY DOBSON, doing business as HARRY DOBSON COMPANY, Appellants. No. 39,345Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE […]

504 P.2d 202 STATE OF KANSAS, Appellant, v. EVELYN LEE and ANSEL L. TURNER, Appellees. No. 46,769Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT CRIMINAL LAW — Acquittal — Double Jeopardy — Burden of Proof. Pursuant to K.S.A. 1971 Supp. 21-3108, the state has the burden of establishing that double […]

485 P.2d 189 CITY OF TOPEKA, Appellee, v. CARL A. KENDALL, Appellant. No. 45,592Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Driving Vehicle Without Driver’s License — Doctrine of Former Jeopardy Not Applicable. In a pro se appeal from a conviction of the offense of driving a […]

416 P.2d 754 WANDA J. CHAPMAN, Widow and Natural Guardian of DEBRA J. CHAPMAN, Minor Dependent of John Lee Chapman, Deceased, Appellant, v. VICTORY SAND AND STONE COMPANY AND RELIANCE INSURANCE COMPANY, Appellees. No. 44,575Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Going and Coming Rule […]

179 P.3d 439 STATE OF KANSAS, Appellee, v. JEFFREY WAYNE COOPER, Appellant. No. 95, 633.Supreme Court of Kansas. Opinion filed March 28, 2008. SYLLABUS OF THE COURT1. STATUTES — Construction — Legislative Intent — Unambiguous Statute — Duty of Court When Interpreting Statute. The fundamental rule for statutory construction is that the intent of the […]

930 P.2d 609 IN THE MATTER OF THE ADOPTION OF N.A.P. No. 75,575Court of Appeals of Kansas Opinion filed December 20, 1996. SYLLABUS BY THE COURT 1. STATUTES — Construction — De Novo Review. Interpretation of a statute is a question of law, and an appellate court’s standard of review is de novo. 2. SAME […]

830 P.2d 1221 DASIE M. DIXON, Appellant, v. DAVID L. PROTHRO, Appellee. No. 66,961Court of Appeals of Kansas Opinion filed April 24, 1992 Rev’d 251 Kan. 767, 840 P.2d 491 (1992). SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Inadequacy of Verdict — Additur — Consent of Plaintiff Not Required. Where the mere inadequacy of […]

924 P.2d 660 TANYA DUSIN, SANDRA VEH, and DANIEL SCHMIDTBERGER, Appellees, v. DARLENE RIGGS, COUNTY CLERK AND ELECTION OFFICER OF GRAHAM COUNTY, KANSAS; FRED W. PRATT; AND JOSEPH SMITH, Appellants. No. 76,234Court of Appeals of Kansas Opinion filed October 11, 1996 SYLLABUS BY THE COURT 1. PUBLIC OFFICERS AND EMPLOYEES — Recall of Elected Officials […]

215 P.2d 219 THOMAS HILL, Appellant, v. L.H. DAY, Appellee. No. 37,737Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT 1. MALICIOUS PROSECUTION — Conviction in Police Court — Conclusiveness of Probable Cause. A petition charging malicious prosecution or unlawful arrest and imprisonment, and alleging (1) that the defendant was arrested […]

232 P.2d 470 THE STATE OF KANSAS, Appellee, v. CHARLES CONE, GRANT MERRITT and DWAN GREENWAY, Appellants. No. 38,375Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Circumstantial Evidence. In a prosecution for burglary, where the state relies on circumstantial evidence to convict, such evidence must be […]

658 P.2d 1034 STATE OF KANSAS, Appellant, v. DEBBIE HENNESSEE, Appellee. No. 54,647Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. STATUTES — Conflict between Two Statutes — Legislative Intent. Where there is a conflict between two statutes the latest legislative expression controls. 2. POLICE AND SHERIFFS — Jurisdiction Outside […]

41 P.3d 789 STATE OF KANSAS, Appellee, v. DANIEL PARKER, JR., Appellant. No. 86,123Supreme Court of Kansas Opinion filed: March 8, 2002. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Failure of Party to Object to Giving or Failing to Give Instruction — Clearly Erroneous Standard of Review. No party may assign as […]

201 P.3d 728 STATE OF KANSAS, Appellee, v. ROBERT D. BLAUROCK, Appellant. No. 97,040.Court of Appeals of Kansas. Opinion filed February 27, 2009. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission of Evidence — Appellate Review. When reviewing a trial court’s decision to admit evidence, an appellate court first determines whether the evidence is […]

197 P.3d 859 STACY LEE KUXHAUSEN, Appellant, v. TILLMAN PARTNERS, L.P., Appellees. No. 98,442.Court of Appeals of Kansas. Opinion filed December 12, 2008. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Expert Opinion Testimony — Admissibility. Under K.S.A. 60-456(b), the district court determines whether expert-opinion testimony is admissible. To be admissible, such testimony must be based […]

67 P.3d 843 RITCHIE PAVING, INC., Appellant, v. CITY OF DEERFIELD, KANSAS, Appellee. No. 88,675.Supreme Court of Kansas Opinion filed January 24, 2003. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Motion to Dismiss for Failure to State Valid Claim for Relief–Determination–Appellate Review. On a motion to dismiss for failure to state a claim upon which […]

803 P.2d 1033 ARLENE EVANS, Appellee/Cross-Appellant, v. PROVIDENT LIFE ACCIDENT INSURANCE COMPANY, Appellant/Cross-Appellee. No. 64,689Court of Appeals of Kansas Opinion filed December 28, 1990 Aff’d in part, rev’d in part 249 Kan. 248, 815 P.2d 550 (1991). SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Final Decision for Purposes of Appeal — Procedural Rule Not […]

693 P.2d 1183 ANCO CONSTRUCTION COMPANY, LTD., A Corporation, Appellee, v. JERRY FREEMAN, Appellant. No. 56,680Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT 1. LABOR — Jurisdiction of Federal Law over Labor-Management Disputes — Exceptions to Rule that State Law Preempted by NLRA. With few exceptions, we have recognized that […]

548 P.2d 808 STATE OF KANSAS, Appellee, v. JERROLD EUGENE HENRY, Appellant. No. 47,835Supreme Court of Kansas Opinion filed April 10, 1976. MEMORANDUM OPINION CRIMINAL LAW — Adequacy of Counsel — Removing Black Members from Jury — Preliminary Prosecution Procedures Did Not Deny Due Process — Other Ruling Not Erroneous. Appeal from Wyandotte district court, […]

424 P.2d 478 STATE OF KANSAS, Appellee, v. ANTHONY WASHINGTON, JR., Appellant. No. 44,464Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appointment of Counsel — Plea of Guilty — Rights of Accused Protected. In a criminal action where counsel is appointed by the district court to […]

499 P.2d 1147 BARBRA SUE HICKS (Formerly BARBRA SUE HEFNER), Appellee, v. ANDREW E. HEFNER, Appellant. No. 46,422Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. JUDGMENTS — Foreign Judgments — Recognition Under Constitutional and Statutory Provisions. A judgment rendered by a court of one state is entitled, in the […]

1 P.3d 924 DAVID STAFFORD and MARCIA STAFFORD, Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. No. 83,191Court of Appeals of Kansas Opinion filed: March 17, 2000. Petition for review denied 269 Kan. 934 (2000). SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Summary judgment is proper when only questions of law are […]

179 P.3d 466 STATE OF KANSAS, Appellee, v. LARRY GERVEASE BEE, JR., Appellant. No. 97,677.Court of Appeals of Kansas. Opinion filed February 29, 2008. SYLLABUS BY THE COURT1. STATUTES — Construction — General Rules. Canons of statutory construction are stated and applied. 2. CRIMINAL LAW — Drug Conviction — Sentencing — Nonprison Sanction Mandated by […]

332 P.2d 572 W.H. REX Appellee, v. Howard C. WARNER and ANNA MARIE WARNER, Appellants. No. 41,103Supreme Court of Kansas Opinion filed December 6, 1958. SYLLABUS BY THE COURT SPECIFIC PERFORMANCE — Oral Contract to Execute Note and Mortgage — Equitable Mortgage — Statute of Limitations — Sufficiency of Petition. The record in an action […]

238 P.2d 493 JERRY E. DRISCOLL, Plaintiff, v. A.W. HERSHBERGER and LESTER McCOY, WALTER S. FEES, MRS. ELIZABETH HAUGHEY, WILLIS N. KELLY, DREW McLAUGHLIN, GROVER POOLE, L.B. SPAKE and OSCAR S. STAUFFER, individually and as members of the Board of Regents, and the Board of Regents of the State of Kansas, Defendants. No. 38,499Supreme Court […]

133 P.3d 1279 IN THE MATTER OF MICHAEL K. LEHR. Bar Docket No. 13990.Supreme Court of Kansas. May 15, 2006. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter signed April 20, 2006, to the Clerk of the Appellate Courts, respondent Michael K. Lehr, an attorney admitted to the practice of […]

675 P.2d 57 DOUGLAS E. CANSLER, Plaintiff-Appellant, v. STATE OF KANSAS and KANSAS STATE PENITENTIARY, Defendants-Appellants, v. THE SHERIFF OF LEAVENWORTH COUNTY, KANSAS; THE LEAVENWORTH COUNTY SHERIFF’S DEPARTMENT; and BOARD OF COUNTY COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS, Defendants-Appellees. No. 55,599Supreme Court of Kansas Opinion filed January 5, 1984. SYLLABUS BY THE COURT 1. TORTS — […]

744 P.2d 862 In the Matter of JEFF JOHNSON, Respondent. No. 60,164Supreme Court of Kansas Opinion filed October 30, 1987. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Opinion filed October 30, 1987. Disbarment. Stanton A. Hazlett, deputy disciplinary counsel, argued the cause, and Bruce E. Miller, disciplinary administrator, was with […]