Category: Kansas Court Opinions

350 P.2d 128 ROBERT C. WEATHERS, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 41,735Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT HABEAS CORPUS — Uncorroborated Statements — As to Conduct of Arresting Officers — Indeterminate Sentence Law — Validity. The record in an appeal […]

400 P.2d 689 M.W. WATSON, INC., Appellee, v. THE CITY OF TOPEKA, A MUNICIPAL CORPORATION, Appellant. No. 43,980Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT 1. INJUNCTION — Suit by Private Individual — Action to Restrain Enforcement of Ordinance — Sufficiency of Interest. A private individual, who sustains damage different […]

726 P.2d 282 UTILITY TRAILERS OF WICHITA, INC., Appellee, v. CITIZENS NATIONAL BANK TRUST COMPANY, EMPORIA, KANSAS, Appellant. No. 58,609[1] Court of Appeals of Kansas Opinion filed August 21, 1986 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 23, 1986, pursuant […]

661 P.2d 798 STATE OF KANSAS, Appellee, v. MICHELLE E. HECK, Appellant. No. 53,324Court of Appeals of Kansas Opinion filed April 7, 1983 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Special Prosecutor — Appointment — Authorization by Chairman of Board of County Commissioners. The authorization of a special prosecutor by the Board of County […]

654 P.2d 947 STATE OF KANSAS, Appellee, v. WILLIS PERRY TYUS, Appellant. No. 54,071Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Eyewitness Identification — Jury Instruction. In a criminal action in which eyewitness identification is a critical part of the prosecution’s case and there is a […]

772 P.2d 742 STATE OF KANSAS, Appellee, v. THEON COPES, JR., Appellant. No. 60,721Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Acquittal Motion Filed at End of State’s Case — Application of Waiver Doctrine — Appellate Review. Under the waiver doctrine, an appellate court looks only […]

564 P.2d 1281 STATE OF KANSAS, ex rel., CURT T. SCHNEIDER, Attorney General, Appellee, v. ROBERT F. BENNETT, Governor of the State of Kansas, et al., Appellants. No. 48,705Supreme Court of Kansas Opinion filed March 14, 1977. Appeal from Shawnee district court, division No. 4; ADRIAN J. ALLEN, judge. Opinion filed March 14, 1977. Reversed. […]

522 P.2d 382 In re HAROLD HENDERSON voluntary surrender of his certificate to practice law in the State of Kansas. Certificate No. 5742Supreme Court of Kansas Opinion canceling certificate filed January 16, 1974. Per Curiam: On January 15, 1974, HAROLD HENDERSON voluntarily surrendered his certificate admitting him to practice law in the courts of the […]

567 P.2d 1322 HAZEL NIX and FRED SCHUPBACH, JR., individually and as representative of all that class of gas royalty owners under Northern Natural Gas Producing Company and Mobil Oil Corporation oil and gas leases in the Hugoton-Anadarko area, Appellees and Cross-Appellants, v. NORTHERN NATURAL GAS PRODUCING COMPANY and MOBIL OIL CORPORATION, Appellants and Cross-Appellees. […]

946 P.2d 637 STATE OF KANSAS, Appellee, v. INMAN STANDIFER, Appellant. No. 77,050Court of Appeals of Kansas Opinion filed October 10, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Illegal Sentence — Correction of — An illegal sentence may be corrected at any time. 2. APPELLATE PROCEDURE — Mislabeled Motion — Appellate Jurisdiction. An […]

44 P.3d 1237 MARK A. BECK, Appellee, v. BLUE CROSS and BLUE SHIELD OF KANSAS, INC, Appellant. No. 86,214Supreme Court of Kansas Opinion filed: April 26, 2002. SYLLABUS BY THE COURT 1. INSURANCE — Medical Insurance — Mandatory Coverage Statute Analyzed. K.S.A. 40-2,101, a “mandated-provider” or “freedom of choice” statute, (1) requires insurers to pay […]

913 P.2d 142 THE STATE BOARD OF NURSING and STATE OF KANSAS ex rel. STATE BOARD OF HEALING ARTS, Appellants, v. E. MICHELLE RUEBKE, Appellee. No. 73,851Supreme Court of Kansas Opinion filed March 15, 1996 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appellate Review, of Trial Court Denial of Temporary Injunction. Where the […]

563 P.2d 497 PATRICK McHUGH, Appellant, v. THE CITY OF WICHITA, Appellee. No. 48,368Court of Appeals of Kansas Opinion filed April 8, 1977 Petition for review denied June 15, 1977. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Res Judicata — Change in Facts. In an action for damages against a municipality for injury to […]

96 P.2d 880 RUTH ELIZABETH AXE, Appellant, v. BERTHA WILSON (also known as BERTHA v. WILSON), Appellee. RUTH ELIZABETH AXE, Appellee, BERTHA WILSON (also BERTHA V. WILSON), as an Individual and as Executrix of the Last Will and Testament of G.A. Wilson, Deceased, Appellant. RUTH ELIZABETH AXE, Appellant v. BERTHA WILSON (also known as BERTHA […]

573 P.2d 635 STATE OF KANSAS, Appellee, v. GARY D. HALL, Appellant. No. 49,188Court of Appeals of Kansas Opinion filed December 16, 1977 SYLLABUS BY THE COURT 1. AUTOMOBILES — Driving under the Influence of Intoxicating Liquor — Elements. Under K.S.A. 8-1567, three things must be established: (1) that the defendant operated a vehicle; (2) […]

254 P.2d 830 DEFENDERS OF THE CHRISTIAN FAITH, INC., and DR. GERALD B. WINROD, DR. WILLIAM T. WATSON, DR. EDWARD FEHR, DR. JOSE HERNANDEZ and DR. J.P. RODRIGUEZ, Trustees, Plaintiffs, v. FRED HORN, DALE A. FISHER, and O.W. SCHWALM, Constituting and Members of the State Commission of Revenue and Taxation, Defendants. No. 38,379Supreme Court of […]

378 P.2d 30 THE MOUNT HOPE CEMETERY COMPANY, a Corporation; HARLAN K. SCHLICHER; PERCE P. HARVEY, JR.; LESTER R. GIBBS; KELSEY M. PETRO; CLIF STRATTON, et al., Appellants, v. THE CITY OF TOPEKA, KANSAS, a Municipal Corporation; E.J. CAMP, Mayor; PRESTON HALE, LOUIS E. HOWARD, FRANK J. WARREN, WILLIAM R. MALLORY, Commissioners; and EDWIN R. […]

689 P.2d 910 STATE OF KANSAS, Petitioner, v. KEVIN J. SULLIVAN, Respondent. No. 57,014Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Misappropriation of Client’s Funds. Misappropriation of a client’s funds constitutes a violation of DR 9-102 (232 Kan. cxci) of the Code of Professional Responsibility. […]

562 P.2d 102 WILLIAM H. GONSER, SHERIFF, AND EDWIN L. HOHMAN, DEPUTY SHERIFF OF CLAY COUNTY, KANSAS, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, KANSAS, Appellee. No. 48,310Court of Appeals of Kansas Opinion filed March 4, 1977 SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — Types of Functions by Agencies. Some actions […]

201 P.3d 707 JEFFREY LITZINGER, Appellant, v. L.E. BRUCE, et al., Appellees. No. 99,251.Court of Appeals of Kansas. Opinion filed August 29, 2008. SYLLABUS BY THE COURT1. PENAL INSTITUTIONS — Prisoner’s Grievance against Prison Authorities-Administrative Regulation Sets Time in Which Prisoner Must File Grievance. K.A.R. 44-15-101b requires that a prisoner wishing to pursue a grievance […]

383 P.2d 546 THE STATE OF KANSAS, Appellant, v. VINCENT INZERILLO, Appellee. No. 42,982Supreme Court of Kansas Opinion filed July 10, 1963. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Abandonment of Apartment — Right to Search. Where appellee moved out of an apartment having signed no lease, the landlady was within her rights to […]

507 P.2d 341 ROSEMARY GORDON, Appellant, v. ROBERT C. HARDER, State Director of Social Welfare, et al., Appellees. No. 46,896Supreme Court of Kansas Opinion filed March 3, 1973. MEMORANDUM OPINION ADMINISTRATIVE BODIES — State Board of Social Welfare — Quasi-judicial Functions — Remedy. Appeal from Shawnee district court, division No. 2; MICHAEL A. BARBARA, judge. […]

811 P.2d 1130 STATE OF KANSAS, Appellee, v. JOHN RICHARD (J.R.) CADY, Appellant. No. 64,384Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Due Process — Appellate Court’s Supervisory Powers. Not every trial error or infirmity which might call for application of an appellate court’s supervisory powers […]

909 P.2d 662 In the Matter of the Estate of J.W. Hessenflow, Deceased. LORENE HESSENFLOW, Appellee, v. CHARLES HESSENFLOW, Appellant. No. 73,252Court of Appeals of Kansas Opinion filed December 15, 1995 Petition for review denied 259 Kan. ___ (February 7, 1996). SYLLABUS BY THE COURT 1. ESTATES — Election by Surviving Spouse — Failure to […]

804 P.2d 983 STATE OF KANSAS, Appellee, v. RICKY RAY REDFORD, Appellant. No. 64,761Supreme Court of Kansas Opinion filed January 18, 1991. SYLLABUS BY THE COURT 1. NEW TRIAL — Newly Discovered Evidence — Judicial Discretion. The granting of a new trial for newly discovered evidence is in the trial court’s discretion. 2. APPEAL AND […]

199 P.3d 1251 In the Matter of MARLIN E. JOHANNING, Respondent. No. 94,086.Supreme Court of Kansas. December 18, 2008. ORDERATTORNEY AND CLIENT — Disciplinary Proceeding — Discharge from Probation. On June 3, 2005, this court placed respondent, Marlin Johanning, on probation for a period of 18 months with specific conditions of supervision and reporting. In […]

408 P.2d 599 LELAND O. KING, Appellant, v. THE STATE OF KANSAS, Appellee. No. 44,348Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — When Remedy May Not be Invoked. A prisoner is not entitled to challenge the validity of a sentence by a […]

940 P.2d 11 STATE OF KANSAS, Appellee, v. MANUEL SALCIDO-CORRAL, Appellant. No. 75,537Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. If the sufficiency of evidence is challenged in a criminal case, the standard of review is whether, after review of […]

999 P.2d 272 STATE OF KANSAS, Appellee, v. VINCENT L. RANSOM, Appellant. No. 80,707Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Cerification of Juvenile as Adult — Appeal from Certification Even When Plea Follows Adjudication. Notwithstanding the provisions of K.S.A. 1999 Supp. 22-3602(a), K.S.A. 1999 Supp. […]

124 P.3d 1083 STATE v. HUMBLE. No. 93,415.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

552 P.2d 634 In re: WILLIAM JOSEPH BRADY, voluntary surrender of his certificate to practice law in the State of Kansas. No. 48,459 Bar Docket No. 6656Supreme Court of Kansas Filed July 28, 1976. Order canceling certificate filed July 28, 1976. Per Curiam: On July 26, 1976, WILLIAM JOSEPH BRADY voluntarily surrendered his certificate admitting […]

522 P.2d 372 MRS. PHILIP W. SMYTH, Appellant, v. ADJUTANT GENERAL OF THE STATE OF KANSAS, Appellee. No. 47,264Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. STATUTES — Construction — Retrospective Application. Where vested rights will be disturbed, a statute will not be given retrospective application unless the language […]

740 P.2d 79 WENDY L. BLAKE, A Minor, by OSCAR M. BLAKE, YASUKO BLAKE, and JAMES E. BROCK, her conservators; and OSCAR M. BLAKE and YASUKO BLAKE, Appellants, v. PEPSI-COLA BOTTLING COMPANY OF LYONS, INC.; M.E.I. CORPORATION; PEPSICO, INC.; S.F.B. PLASTICS, INC.; ZAPATA CAP MANUFACTURING CO.; FOWLER PRODUCTS CO.; and ZALKIN MANUFACTURING CO.; Appellees. No. […]

62 P.3d 1105 STATEWIDE AGENCIES, INC., Appellant, v. DEBRA DIGGS, Appellee. No. 87,987.Court of Appeals of Kansas. Opinion filed February 7, 2003. SYLLABUS BY THE COURTLANDLORD AND TENANT — Eviction — Statutory Construction — Landlord Possession of Tenant Personal Property — Conversion of Tenant’s Personal Property. In this landlord appeal from the trial court’s finding […]

308 P.2d 115 CLARENCE C. VITT, Appellee, v. McDOWELL MOTORS, INC., Appellant. No. 40,415Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT 1. PLEADING — Petition — What Petition Must Contain. G.S. 1949, 60-704, provides that a petition must contain a statement of the facts constituting the cause of action in […]

731 P.2d 273 KANSAS DEPARTMENT OF REVENUE, STATE OF KANSAS, Appellee, v. THE COCA COLA COMPANY, Appellant. No. 58,950Supreme Court of Kansas Opinion filed January 16, 1987. SYLLABUS BY THE COURT TAXATION — Hearing on Income Tax Assessment — Issuance of Interrogatories and Subpoena Duces Tecum by Director of Revenue — Appellate Review of District […]

132 P.3d 1004 BOARD OF JEFFERSON COUNTY COMMISSIONERS, Appellees, v. JUDITH M. ADCOX, et al., Appellants. No. 94,894.Court of Appeals of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. TAXATION — Motion to Set Aside Tax Judgment — Appellate Review. A de novo standard of review should be employed when reviewing motions to […]

272 P.2d 1084 JAMES GREEN, Appellant, v. THOMAS HIGBEE, Appellee. No. 39,418Supreme Court of Kansas Opinion filed July 6, 1954. SYLLABUS BY THE COURT 1. AUTOMOBILES — Blind Intersection. A blind intersection of rural roads, without stop signs or traffic signals, presents a highly dangerous place which all motorists, in the exercise of due care, […]

865 P.2d 223 CITY OF LAKIN, KANSAS, Appellant, v. KANSAS EMPLOYMENT SECURITY BOARD OF REVIEW and RONALD L. VANOVER, Appellees. No. 69,440Court of Appeals of Kansas Opinion filed December 30, 1993 SYLLABUS BY THE COURT 1. EMPLOYMENT SECURITY LAW — Act Construed and Applied. Provisions of K.S.A. 44-701 et seq. are construed and applied. 2. […]

18 P.3d 255 In the Matter of the Marriage of WALTER F. RICCI, and MARILYN K. RICCI, and WALTER JORGE RICCI, M.D., Intervenor/Appellee, v. WALTER F. RICCI, Defendant, and MARILYN K. RICCI, Appellant. No. 84,372Court of Appeals of Kansas Opinion filed: January 19, 2001. SYLLABUS BY THE COURT 1. REAL PROPERTY — Recording of Deed […]

584 P.2d 145 STATE OF KANSAS, Appellee, v. MATTHEW TALSMA, Appellant. No. 49,705Court of Appeals of Kansas Opinion filed September 15, 1978 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea Bargaining — Enforcement Where Specific Terms Are Issue of Fact. Where performance or enforcement of a plea bargain is sought and the specific terms […]

658 P.2d 1004 ROBERT ZEHRING, Appellant, v. GARY WICKHAM and RON WICKHAM d/b/a WICKHAM GLASS COMPANY, A partnership, Appellees. No. 53,033Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Ruling on Motion. Summary judgment is proper only if the pleadings, depositions, answers to interrogatories and admissions and […]

200 P.3d 419 RICHARD MILLER, ED ZELLER, and JEREMY KOHN, Appellants, v. WESTPORT INSURANCE CORPORATION and EMPLOYERS REINSURANCE CORPORATION, Appellees. No. 95,768.Supreme Court of Kansas. Opinion filed January 30, 2009. SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on […]

278 P.2d 588 PEARL BISHOP, Appellant, v. LAURA HUFFMAN, Appellee. No. 39,559Supreme Court of Kansas Opinion filed January 10, 1955. SYLLABUS BY THE COURT 1. TRIAL — Instructions — Law of the Case. Instructions to the jury on an issue in a case, when unobjected to, become the law of the case on that subject. […]

543 P.2d 945 STATE OF KANSAS, Appellant, v. WILLIAM F. BOONE, Appellee. No. 47,960Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Hearing before Magistrate — Purpose. A preliminary examination is a hearing before a magistrate on a complaint to determine if a felony has been […]

738 P.2d 98 In the Interest of K.G.O., K.J.O., E.A.S., and H.E.S., Minor Children Under 18 Years of Age. No. 59,228Court of Appeals of Kansas Opinion filed February 26, 1987 SYLLABUS BY THE COURT 1. INFANTS — Child in Need of Care Proceeding — Court-ordered Evaluation — Exception to Rule of Confidentiality between Psychologist and […]

945 P.2d 417 STATE OF KANSAS, Appellee, v. RUSSELL N. BIRD, Appellant. No. 78,879Court of Appeals of Kansas Opinion filed July 7, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Sentence Not Tolled While Detainers from Other Countries Are Being Honored. A criminal sentence imposed is not tolled while detainers from other […]

391 P.2d 1009 ABE S. NEUFELD, Appellant, v. MID-CONTINENT CASUALTY COMPANY, Appellee. No. 43,764Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Acquiescence in Judgment — Review. Where a workman brings an action for a lump sum judgment on a workmen’s compensation award and after receiving an adverse […]

89 P.3d 931 STATE OF KANSAS, Appellee, v. JAMES KIRBY, Appellant. No. 90,450.Court of Appeals of Kansas. Opinion filed May 14, 2004. Petition for review denied 278 Kan. 849 (2004). SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — “Prior Conviction” Construed as It Relates to Presumptive Prison Sentence for Burglary Conviction. A prior conviction, as […]

917 P.2d 1322 STATE OF KANSAS, Appellee, v. DARRON EDWARDS, Appellant. No. 74,344Supreme Court of Kansas Opinion filed May 31, 1996. SYLLABUS BY THE COURT CRIMINAL LAW — Appeal — Abandoned Claim of Error on Direct Appeal Cannot Be Reasserted in Second Appeal. Where a defendant in a criminal case asserts a claim of error […]

647 P.2d 820 SCHATZ DISTRIBUTING CO., INC., Appellee, v. OLIVETTI CORPORATION OF AMERICA, Appellant, v. EXECUTIVE FINANCIAL SERVICES, INC., Appellee. No. 52,959Court of Appeals of Kansas Opinion filed July 2, 1982 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Sufficiency of Evidence — Appellate Review. When a verdict or judgment is attacked for insufficiency […]

350 P.2d 50 BILL CHAMBERS, Petitioner, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Respondent. No. 41,766Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT HABEAS CORPUS — Violation of Conditions of Parole No Credit on Delinquent Time. The record in an original habeas corpus proceeding examined, and held: […]

697 P.2d 1310 MELVIN MOODY d/b/a FOXY LADIES ATHLETIC CLUB, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, and GENE OLANDER, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY, KANSAS THIRD JUDICIAL DISTRICT, and ED RITCHIE, IN HIS OFFICIAL CAPACITY AS SHERIFF OF SHAWNEE COUNTY, Appellees. No. 56,774Supreme Court of Kansas Opinion filed […]

40 P.3d 329 S. A. HARMS and LAWANDA HARMS, et al., Plaintiffs/Appellants, v. VEVA NELL DAVIS BURT, et al., Defendants, and JOSEPH WRIGHT, VICTORIA WRIGHT, and CAPITOL FEDERAL SAVINGS AND LOAN ASSOCIATION, Intervenors/Appellees. No. 86,603Court of Appeals of Kansas Opinion filed: February 15, 2002. Petition for review denied 274 Kan. 1111 (2002). SYLLABUS BY THE […]

636 P.2d 236 In the Matter of the Estate of Patricia J. Stroble, Deceased. CHARLES R. STROBLE, Appellant, v. JOHN ROBERT KLINGELE, PAMELA L. GOLUBSKI, PHILLIP WAYNE KLINGELE, SANDRA L. CLARK, and EUGENE KLINGELE, Heirs of Mary E. Klingele, Appellees. No. 52,943Court of Appeals of Kansas Opinion filed November 25, 1981 Petition for review denied […]

387 P.2d 213 RAMEE E. JOHNSON, Appellant, v. O.F. WARREN, d/b/a WARREN DRILLING CO., and MID-CONTINENT CASUALTY CO., Appellee. No. 43,714Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Payment of Medical Expense — Compensation. The furnishing of medical expense to an injured employee is payment of […]

765 P.2d 1120 STATE OF KANSAS, Appellee, v. CHARLES W. MORRIS, Appellant. No. 60,499Supreme Court of Kansas Opinion filed December 9, 1988. SYLLABUS BY THE COURT CRIMINAL LAW — Second-degree Murder — Accused’s Extrajudicial Statements — Admissibility — Jury Instructions. In an appeal from a conviction of second-degree murder, the record is examined and it […]

899 P.2d 993 STATE OF KANSAS, Appellee, v. EDDIE McCLAIN, JR., Appellant. No. 72,265Supreme Court of Kansas Opinion filed July 14, 1995. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Dismiss or to Grant Appropriate Relief — Sufficiency or Timeliness of Preliminary Examination — Waiver — Appellate Review. A motion under K.S.A. 1992 Supp. […]

239 P.2d 979 SYLVIA J. MITCHELL, Appellee, v. JEFFERSON W. MITCHELL, Appellant. No. 38,296Supreme Court of Kansas Opinion on rehearing filed January 26, 1952. OPINION ON REHEARING 1. DIVORCE — Decree — Conclusiveness. In an action to enforce the terms of a contract entered into by husband and wife, in contemplation of a divorce, where […]

229 P.2d 766 FRANK E. CROUCH, Appellee, v. L.R.S. McDONALD, Appellant. No. 38,195Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT MASTER AND SERVANT — Wages — Verdict. In an action for wages, the record is examined and it is held that no error appears therein. Appeal from Hamilton district court; […]

648 P.2d 225 VERONICA KELLY and EVELYN COCHRAN, Appellants, v. KANSAS CITY, KANSAS COMMUNITY COLLEGE, Wyandotte County, Kansas, Appellee. No. 53,165Supreme Court of Kansas Opinion filed July 22, 1982. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appellate Review by District Court of Administrative Tribunal’s Order. A district court may not, on appeal, substitute its […]

44 P.3d 459 STATE OF KANSAS, Appellee, v. DANIEL F. SCHUETTE, Appellant. No. 87,679Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Criminal Threat and Harassment by Telephone — Crimes Not Multiplicitous — Caller ID Evidence Admissible. Under the facts of this appeal, we hold (1) it was […]

237 P.2d 373 PRESTON D. MILLER, JR., Appellee, v. MASSMAN CONSTRUCTION COMPANY, a corporation, Appellant. No. 38,480Supreme Court of Kansas Opinion filed November 10, 1951. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Failure to Pay Compensation When Due. The record examined in an action to recover the entire amount of workmen’s compensation due as provided […]

580 P.2d 891 CITY OF JUNCTION CITY, Appellee, v. DELORES WHITE, Appellant. No. 48,915Court of Appeals of Kansas Opinion filed June 30, 1978 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right of Privacy — Solicitation for Prostitution. Soliciting customers by a prostitute is not an activity which is protected by the constitutional right of […]

434 P.2d 833 BERNICE E. MARTIN, Appellant, v. CHARLES S. MARTIN and ELAINE MARTIN, Appellees. No. 44,839Supreme Court of Kansas Opinion filed December 9, 1967. SYLLABUS BY THE COURT QUIET TITLE — Reliance Upon Own Title Necessary. In an action to quiet title to real estate the plaintiff must proceed upon the strength of his […]

549 P.2d 554 STATE OF KANSAS, Appellee, v. HAROLD DUCKWORTH, Appellant. No. 47,947Supreme Court of Kansas Opinion filed May 8, 1976. MEMORANDUM OPINION CRIMINAL LAW — Aggravated Battery Supported by Evidence — Refusing Instruction on Self-defense. Appeal from Shawnee district court, division No. 4; ADRIAN J. ALLEN, judge. Opinion filed May 8, 1976. Affirmed. John […]

760 P.2d 1227 DIRECTOR OF PROPERTY VALUATION, DIVISION OF PROPERTY VALUATION OF THE DEPARTMENT OF REVENUE, Appellant, v. GOLDEN PLAINS EXPRESS, INC., Appellee. No. 62,065Court of Appeals of Kansas Opinion filed September 9, 1988 SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Limitations against State. In general, statutes of limitations do not run against […]

115 P.3d 794 STATE v. NICHOLAS. No. 92,906.Court of Appeals of Kansas. July 22, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

404 P.2d 174 JOHN H. DEEMER, JR., Appellee, v. GLENN E. REICHART, Appellant. No. 44,132Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. NEGLIGENCE — Negligence as Proximate Cause — Ordinarily Jury Question. The question of whether a negligent act is the proximate cause of an injury is ordinarily a […]

896 P.2d 1022 STATE OF KANSAS, Appellee, v. SCOTTY R. ADAM, Appellant. No. 70,715Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Appellate Review When reviewing challenges to jury instructions, the instructions are to be considered together and read as a whole without isolating any […]

917 P.2d 848 STATE OF KANSAS, Appellant, v. ANTHONY A. ALLEN, Appellee. No. 74,639Supreme Court of Kansas Opinion filed May 31, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examination — Standards Applied. The legal standards to be applied in preliminary hearings are restated. 2. SAME — Computer Crime — Elements. Felony computer […]

783 P.2d 1320 STATE OF KANSAS, Appellee, v. MARK JAMES WIELGUS a/k/a MARK ROBERTS, Appellant. No. 62,445Court of Appeals of Kansas Opinion filed December 29, 1989 SYLLABUS BY THE COURT CRIMINAL LAW — Allocation — Defendant’s Right to Make Statement to Court. The defendant in a criminal case has an absolute statutory right to make […]

807 P.2d 694 CITY OF LENEXA, KANSAS, Appellee, v. A MAROON 1978 CHEVROLET CAPRICE CLASSIC, VIN 1N69U8S265365, and $694.51 U.S. CURRENCY, Appellant. No. 65,431Court of Appeals of Kansas Opinion filed March 15, 1991 SYLLABUS BY THE COURT 1. UNIFORM CONTROLLED SUBSTANCES ACT — Forfeiture Action — Civil Action. Actions for forfeiture under the provisions of […]

897 P.2d 1039 In the Matter of LAVONE A. DAILY, Petitioner. No. 64,946Supreme Court of Kansas June 29, 1995 ORDER OF REINSTATEMENT ATTORNEY AND CLIENT — Reinstatement to Practice Law. On the 18th day of January, 1991, petitioner Lavone A. Daily was indefinitely suspended from the practice of law in Kansas In re Daily, 248 […]

77 P.3d 130 J. THOMAS BURCHAM; JOHN D. HUNKELER, M.D.; J. PETER GATTERMEIR, as Trustee of the J. Peter Gattermeir Revocable Trust, Laura C. Gattermeir Revocable Trust, and Amy S. Gattermeir Revocable Trust; BARBARA J. GATTERMEIR, as Trustee of the Barbara J. Gattermeir Revocable Trust; THOMAS A. McDONNELL; and JEAN WEITKAMP McDONNELL, Appellants, v. UNISON […]

164 P.3d 844 STATE OF KANSAS, Appellee, v. MARCUS A. INKELAAR, Appellant. No. 95,737.Court of Appeals of Kansas. August 17, 2007. Petition for review denied 286 Kan. 1183 (2008). SYLLABUS BY THE COURT1. JURISDICTION — Existence of Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law subject to unlimited appellate review. An […]

937 P.2d 12 LEO BURROUGHS, Appellee, v. GEORGE E. THOMAS, M.D., SHAWNEE COUNTY CORONER, Appellant. No. 75,902.Court of Appeals of Kansas Opinion Filed: April 11, 1997. SYLLABUS BY THE COURT 1. PUBLIC RECORDS — Definition. K.S.A. 1996 Supp. 45-217 (f)(1) defines a public record as “any recorded information, regardless of form or characteristics.” Under this […]

788 P.2d 878 SYSTEMS DESIGN AND MANAGEMENT INFORMATION, INC., Appellee/Cross-Appellant, v. KANSAS CITY POST OFFICE EMPLOYEES CREDIT UNION, et al., Appellant/Cross-Appellee. No. 63,849Court of Appeals of Kansas Opinion filed March 16, 1990 SYLLABUS BY THE COURT 1. CONFLICT OF LAWS — Forum Law Application to Conflict of Laws Controversy. In determining the law applicable to […]

845 P.2d 37 HERBERT PIZEL, et al., Appellants, v. B.E. WHALEN, Appellee. No. 67,652Supreme Court of Kansas Opinion filed January 22, 1993. SYLLABUS BY THE COURT ATTORNEY AND CLIENT — Malpractice — Contributory Negligence — Trial Errors Do Not Constitute Reversible Error under Facts. In an appeal from the retrial on remand of a legal […]

666 P.2d 680 OTTAWA EDUCATION ASSOCIATION, Appellant, v. UNIFIED SCHOOL DISTRICT No. 290, Appellee. No. 54,558Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. WORDS AND PHRASES — “Attrition” — Application in Relation to Personnel Matters. “Attrition,” as used in relation to personnel matters, means a reduction in personnel, chiefly […]

472 P.2d 206 LEONARD EUNICE BRUFFETT, Appellant, v. STATE OF KANSAS, Appellee. No. 46,046Supreme Court of Kansas Opinion filed July 17, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Complaint — Waiver of Irregularities. Irregularities in a complaint may be waived by failure to object. 2. EXTRADITION — Jurisdiction of District Court. The jurisdiction […]

224 P.2d 987 DONALD D. FOSTER, Petitioner, v. R.H. HUDSPETH, Warden, Kansas State Penitentiary, Respondent. No. 38,224Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Prisoner on Parole — Jurisdiction Over Custody — Comity. One who is on parole from a federal penitentiary and thus in constructive […]