Category: Kansas Court Opinions

652 P.2d 726 OLATHE COMMUNITY HOSPITAL, Petitioner, v. KANSAS CORPORATION COMMISSION, HUMANA, INC., HUMANA OF KANSAS, INC., SUBURBAN MEDICAL CENTER, and SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Respondents. No. 54,899Supreme Court of Kansas Opinion filed October 22, 1982. SYLLABUS BY THE COURT 1. STATUTES — Procedural or Remedial Change — General Rule […]

542 P.2d 725 STATE OF KANSAS, Appellee, v. JACK R. FARRIS, Appellant. No. 47,760Supreme Court of Kansas Opinion filed November 8, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Entrapment Not Available to Private Citizen. The defense of entrapment is not available and does not extend to acts of inducement or solicitation by private […]

502 P.2d 733 LOU B. WINTER, Appellant, v. STATE OF KANSAS, Appellee. No. 46,812Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defense Functions — Decisions to Be Made by Counsel. In the control and direction of a criminal case certain decisions relating to the conduct of […]

7 P.3d 1223 CHARLINE DAVIS, Appellant, v. STEVEN K. MILLER, Appellee. No. 83,312Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there […]

431 P.2d 518 FRANK J. CASEY and FREDA J. CASEY, Appellants, v. PHILLIPS PIPELINE COMPANY and SHEEHAN PIPELINE COMPANY, Appellees. No. 44,783Supreme Court of Kansas Opinion filed September 6, 1967. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony — Words Defined. K.S.A. 60-456 requires that an expert witness base his testimony upon facts personally […]

173 P.3d 1179 STATE OF KANSAS, Appellant, v. PATRICK JONES, Appellee. No. 97,588.Court of Appeals of Kansas. Opinion filed January 11, 2008. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. The interpretation of a statute is a question of law over which an appellate court has unlimited review. 2. CRIMINAL LAW — Aggravated […]

29 P.3d 967 JOYCE STOVER, Appellant, v. SUPERIOR INDUSTRIES INTERNATIONAL, INC., Appellee, and PATRICIA GLADSON, Appellant, v. SUPERIOR INDUSTRIES INTERNATIONAL, INC., Appellee. No. 83,639[1] Court of Appeals of Kansas Opinion filed: August 4, 2000. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]

69 P.3d 544 In the Matter of HAROLD A. BENSON, II, Respondent. No. 89,994.Supreme Court of Kansas Opinion filed May 30, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding. Original proceeding in discipline. Opinion filed May 30, 2003. Disbarment. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the formal complaint for petitioner. The […]

130 P.3d 555 MERLE J. FIESER, M.D., Appellee, v. KANSAS STATE BOARD OF HEALING ARTS, Appellant. No. 94,203.Supreme Court of Kansas. Opinion filed March 17, 2006. SYLLABUS BY THE COURT1. STATUTES — Construction — Doctrine of Operative Construction — Application. Interpretation of a statute raises a question of law subject to unlimited appellate review. Under […]

884 P.2d 443 PATRICIA K. GRAGG, d/b/a KAY ENTERPRISES, INC., Appellee, v. JOSEPH A. RHONEY, f/d/b/a U.S. WEAPONS COLLECTORS, U.S. WEAPONS COLLECTORS, INC., and TOPEKA GUN AND KNIFE SHOW, INC., Appellants. No. 70,625Court of Appeals of Kansas Opinion filed November 10, 1994 Petition for review denied 256 Kan. 994 (1995). SYLLABUS BY THE COURT 1. […]

379 P.2d 304 THE STATE OF KANSAS, Appellee, v. JOHNNIE HOLMES, Appellant. No. 43,132Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT CRIMINAL LAW — Keeper of a “Gambling Table” — Rulings. In an appeal from a conviction of the offense of setting up and keeping a gambling table in violation […]

240 P.3d 956 In the Matter of of PATRICK S. BISHOP, Respondent. No. 104,495.Supreme Court of Kansas. Opinion filed October 15, 2010. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed October 15, 2010. Disbarment. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton A. […]

497 P.2d 292 JOHN G. WINSOR and MABEL I. MOLZEN, Co-Executors of the Estate of WILBUR M. WINSOR, deceased, Appellees, v. SARAH E. POWELL, Appellant, AND JOHN G. WINSOR and MABEL I. MOLZEN, Co-Executors of the Estate of WILBUR M. WINSOR, deceased, Cross-Appellants, v. LESLIE A. POWELL and SARAH E. POWELL, Cross-Appellees. No. 46,296Supreme Court […]

54 P.3d 475 STATE OF KANSAS, APPELLEE, v. MIKEL J. DREILING, APPELLANT. No. 84,969Supreme Court of Kansas Opinion filed: September 27, 2002. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Jurisdiction of Supreme Court to Hear Criminal Approval — Exceptions to Rule Denying Jurisdiction following Untimely Filed Notice of Appeal. The right of appeal is […]

636 P.2d 242 RICHARD H. LONG, JR., Appellee, v. BONNIE K. BROOKS, nee LONG, Appellant. No. 52,971Court of Appeals of Kansas Opinion filed November 25, 1981 SYLLABUS BY THE COURT 1. DIVORCE — Property Settlement Agreement — Judgment of Court. A property settlement agreement confirmed in a divorce decree, while retaining its character as a […]

215 P.2d 647 ELDON E. HUBBARD, Appellee, v. O.H. ALLEN, Appellant. Nos. 37,831, 37,840Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT AUTOMOBILES — Action for Damages — Rulings of Trial Court. The record examined in an action for damages sustained in a collision of two trucks, and held, that the […]

211 P.2d 440 NYMAN T. BATEMAN, Appellee, v. SAM ROLLER, Appellant. No. 37,644Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT 1. APPEAL and ERROR — Review of Order Granting New Trial — Rules Reaffirmed. Established rules pertaining to the consideration and disposition of appeals from orders sustaining motions for new […]

83 P.3d 206 STATE OF KANSAS, Appellee, v. JACQULYN J. HUFF, Appellant. No. 89,037.Supreme Court of Kansas. Opinion filed January 30, 2004. SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — Misdemeanor Offenses — Consecutive Jail Sentences. A review of the Kansas Criminal Code and those misdemeanor crimes defined outside the Kansas Criminal Code as well […]

422 P.2d 559 In re ROY ROBERT COOK’S voluntary surrender of his certificate to practice law in the State of Kansas. Certificate No. 5229Supreme Court of Kansas Opinion canceling certificate filed January 21, 1967. Per Curiam: On January 16, 1967, Roy Robert Cook voluntarily surrendered his certificate admitting him to practice law in the courts […]

370 P.2d 95 TOM L. CASEMENT, Appellant, v. GERALD W. GEARHART and GRANVILLE E. CANADY, JR., d/b/a GEARHART-CANADY DRILLING COMPANY, Appellees. No. 42,509Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT 1. TRIAL — Where Evidence Undisputed Negligence Becomes Question of Law — Duty of Court. In a negligence case where […]

660 P.2d 574 STATE OF KANSAS, Appellee, v. JOHN WALTER, Appellant. No. 54,273Court of Appeals of Kansas Opinion filed March 24, 1983 Reversed 234 Kan. 78, 670 P.2d 1354 (1983). SYLLABUS BY THE COURT CRIMINAL LAW — Possession of Marijuana with Intent to Sell and Possession of Drug Paraphernalia — Search Warrant — Probable Cause […]

640 P.2d 324 STATE OF KANSAS, Appellee, v. BILL CARLIN, Appellant. No. 52,950Court of Appeals of Kansas Opinion filed January 28, 1982 Petition for review denied March 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Self-representation by Accused — Waiver of Right to Counsel. In order for an accused to represent himself, he […]

840 P.2d 544 JAMES J. TERSINER, Appellant, v. MICHAEL GRETENCORD, an individual d/b/a PENN’S APCO, Appellee. No. 67,782Court of Appeals of Kansas Opinion filed October 30, 1992 Petition for review denied 252 Kan. ___ (February 3, 1993). SYLLABUS BY THE COURT 1. COMPARATIVE NEGLIGENCE — Fault of All Parties to Be Determined in One Action. […]

452 P.2d 832 PAUL K. LIBEL, Appellant, v. MARIE CORCORAN, Appellee, (Ruth Moyer and Louise Burke, Defendants). No. 45,304Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. DEEDS — Delivery — Necessity. In order for a deed to operate as a valid transfer of title it must be delivered. Delivery […]

219 P.2d 442 STATE OF KANSAS, Appellee, v. FAYE HAYES, Appellant. No. 37,973Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Raising Question in Lower Court. In a criminal action alleged trial errors not urged or presented on the hearing of a motion for a new […]

74 P.3d 584 LINDA SUMMITT n/k/a LINDA GRUND, Appellee, v. DANNY SUMMITT, Appellant. No. 89,137.Court of Appeals of Kansas. Opinion filed August 15, 2003. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which an appellate court’s scope of review is unlimited. 2. […]

399 P.2d 865 In the Matter of the Accusation for Disbarment of PAYNE H. RATNER and PAYNE H. RATNER, JR. No. 43,137Supreme Court of Kansas Opinion filed March 6, 1965. SYLLABUS BY THE COURT ATTORNEYS — Disbarment Proceedings — Evidence. The record in disbarment proceedings is examined and it is held that the evidence sufficiently […]

391 P.2d 1013 STATE OF KANSAS, Appellee, v. SCOTT MAYS EMORY, alias EMORY MAYS SCOTT, alias SCOTT MAYS STANFIELD, Appellant. No. 43,613Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT SEARCH AND SEIZURE — Unlawful Search and Seizure — Motion to Suppress Evidence. In an appeal from a conviction of the […]

44 P.3d 1274 ANTHONY EDWARD MOLINA, Appellant, v. BENJAMIN CHRISTENSEN and WICHITA STATE UNIVERSITY, Appellees. No. 86,410[1] Court of Appeals of Kansas Opinion filed: December 14, 2001. Petition for review denied 273 Kan. 1036 (2002). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order […]

712 P.2d 1186 K-S CENTER COMPANY, et al., Appellants, v. CITY OF KANSAS CITY, KANSAS, Appellee. No. 57,559Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Special Use Permits — Guidelines to Be Used by Governing Body in Ruling on Special Use Permits. The factors suggested […]

538 P.2d 684 THE STATE OF KANSAS, Appellee, v. JOE H. MORIN, Appellant. No. 47,694Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Arrest Without Warrant — Probable Cause. Probable cause, such as may justify an arrest or a search and seizure without warrant, is a […]

126 P.3d 1132 STATE v. GRANTZ. No. 92,860.Court of Appeals of Kansas. January 27, 2006. Appeal from Wyandotte. Affirmed.

401 P.2d 908 RUBY HARRIS, Appellant, v. HOWARD McCONNELL and McCONNELL LUMBER COMPANY, a Corporation, Appellees. No. 44,080Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Defects in Sidewalk — Nonliability of Abutting Owner — Exception to Nonliability Rule. The general rule is that persons injured through […]

97 P.3d 1069 TERRY MINER, Appellant, v. CX TRANSPORTATION, RELIANCE NATIONAL INDEMNITY COMPANY, and KANSAS WORKERS COMPENSATION FUND, Appellees. J.L. FLOYD TRIM, Appellant, v. CX TRANSPORTATION, RELIANCE NATIONAL INDEMNITY COMPANY, and KANSAS WORKERS COMPENSATION FUND, Appellees. Nos. 91,342, 91,343.Court of Appeals of Kansas. Opinion filed September 24, 2004. Petition for review denied 278 Kan. 846 […]

438 P.2d 122 KANSAS STATE HIGHWAY COMMISSION, Appellant, v. ROLAND R. ROEPKE and FREDA M. THIERSTEIN ROEPKE, et al., Appellees. No. 44,976Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT EMINENT DOMAIN — Before and After Values Within Range of the Evidence — Verdict Not Contrary to the Evidence — Error […]

46 P.3d 1167 STATE OF KANSAS, Appellee, v. ARTHUR R. ALBRIGHT, Appellant. No. 85,599Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — Closing Argument — Failure to Object — Plain Error Rule Analysis by Appellate Court. The Kansas appellate courts do not ordinarily apply […]

893 P.2d 224 BOARD OF TRUSTEES OF BUTLER COUNTY COMMUNITY COLLEGE, Appellant/Cross-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, Appellee/Cross-Appellant. No. 71,023Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Federal Supremacy Doctrine. The supremacy of federal law is discussed. 2. SCHOOLS — Community […]

114 P.3d 190 MIMS v. STATE. No. 92,253.Court of Appeals of Kansas. July 1, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

727 P.2d 918 STATE OF KANSAS, Appellee, v. FLOYD CARMICHAEL, Appellant. No. 58,843Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Exculpatory Evidence — Duty of Prosecutor to Disclose to Defendant — Effect of Failure to Disclose. Prosecutors are under a positive duty, independent of court order, […]

118 P.3d 177 STATE v. BOLDEN. No. 92,966.Court of Appeals of Kansas. August 26, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

357 P.2d 757 DAVID MANNING, Appellant, v. WOODS, INC., a Corporation, Appellee. No. 41,959Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT ACCORD AND SATISFACTION — Breach of Oral Contract of Employment — Acceptance of Payment — Demurrer to Evidence. Where in the trial of an action, based on a claim […]

262 P.3d 297 STATE OF KANSAS, Appellee, v. ANTHONY BARNES, Appellant. No. 100,719Supreme Court of Kansas Opinion filed: September 23, 2011. SYLLABUS BY THE COURT1. The district judge’s acceptance of defendant’s jury trial waiver on the third day of his jury trial and continuation of the trial to the bench was not an abuse of […]

114 P.3d 190 STATE v. CONGER. No. 92,381.Court of Appeals of Kansas. July 1, 2005. Appeal from the Labette. Decision without published opinion. Affirmed.

995 P.2d 878 JOHN E. SCHWARTZ, Appellant, v. EUSTAQUIO O. ABAY II, M.D., Appellee. No. 82,900[1] Court of Appeals of Kansas Opinion filed: October 22, 1999. [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 9, 1999, pursuant to Rule 7.04 (1999 Kan. Ct. […]

672 P.2d 10 JODIE E. EATON, formerly Jodie E. Johnston, Appellee, v. BILLIE WAYNE JOHNSTON, Appellant. No. 55,271Court of Appeals of Kansas Opinion filed November 17, 1983 Aff’d as modified 235 Kan. 323 (1984). SYLLABUS BY THE COURT MARRIAGE — Common Law Marriage Found by Court Not to Exist — Equitable Division of Property Authorized. […]

55 P.3d 357 GUARANTY STATE BANK TRUST CO. AND THE NORTH CENTRAL REGIONAL PLANNING COMMISSION, APPELLEES, v. VAN DIEST SUPPLY COMPANY, APPELLANT. No. 88,019Court of Appeals of Kansas Opinion filed: September 27, 2002. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Secured Transation — Priority between Perfected and Unperfected Security Interests. K.S.A. 84-9-312 is […]

552 P.2d 917 ARTHUR DESBIEN, STANLEY DESBIEN and EUGENE DESBIEN, and LOREN JOHNSON and LEON STEPHEN, and C.N. CLARK and RUSSELL PENNINGTON, Appellees, v. PENOKEE FARMERS UNION COOPERATIVE ASSOCIATION, Appellant. No. 48,022Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. CONTRACTS — Language Ambiguous — Rules of Construction. Rules respecting […]

867 P.2d 355 STATE OF KANSAS, Appellee, v. DARRON EDWARDS, Appellant. No. 68,805Supreme Court of Kansas Opinion filed January 21, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Defendant’s Waiver of District Court’s Consideration of Statutory Sentencing Factors — Effect. Where a plea bargain is knowingly and voluntarily entered into which contains […]

523 P.2d 360 STATE OF KANSAS, Appellee, v. LENNIS ADAIR, Appellant. No. 47,290Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theft by Deception — Sufficiency of Evidence — No Error in Refusing to Grant Mistrial. The record on appeal from a conviction of theft by deception […]

63 P.3d 1119 JASON F. FERGUSON, Appellant, v. SHANE A. “ANDY” SMITH and STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellees. No. 89,025.Court of Appeals of Kansas. Opinion filed February 28, 2003. SYLLABUS BY THE COURTTORTS — Personal Injury — Settlement Agreement — Binding Effect of Agreement on Insurer between Acceptance of Offer and Court’s Review of […]

210 P.2d 417 In the Matter of the Estate of Ralph Ellis, Deceased; THE BOARD OF REGENTS OF THE STATE OF KANSAS, STATE OF KANSAS and UNIVERSITY OF KANSAS, Proponents, Appellants and Cross-appellees, v. IRENE S. ELLIS, Respondent, Appellee and Cross-appellant; THE LAWRENCE NATIONAL BANK OF LAWRENCE, KAN., Intervener and Appellee. Nos. 37,422 and 37,007Supreme […]

327 P.2d 1071 STATE OF KANSAS, Appellee, v. RAY PAYNE, Appellant. No. 40,998Supreme Court of Kansas Opinion filed July 7, 1958. SYLLABUS BY THE COURT 1. KANSAS LIQUOR CONTROL ACT — Regulation and Control — Revenue. In its comprehensive scheme of regulating, licensing and taxing alcoholic liquor from the time of its manufacture or importation […]

11 P.3d 1125 STATE OF KANSAS, Appellant, v. DAVID L. PRITCHETT, Appellee. No. 84,671Supreme Court of Kansas Opinion filed October 27, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When analyzing a district court’s suppression of evidence, an appellate court reviews the factual underpinnings of a district court’s […]

629 P.2d 181 STATE OF KANSAS, Appellee, v. LOUIS E. JONES, Appellant. No. 52,494Supreme Court of Kansas Opinion filed June 10, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unlawful Possession of Firearm. The possession of a firearm prohibited by K.S.A. 21-4204 is not the innocent handling of the weapon but a willful or […]

656 P.2d 154 FRANK J. MERANDO, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant. No. 53,532Supreme Court of Kansas Opinion filed December 29, 1982. SYLLABUS BY THE COURT 1. JURIES — Averaging Awards — Prior Agreement to Be Bound by Mathematical Computation Disallowed. During deliberation on a verdict, jurors may average their […]

498 P.2d 80 LINDA A. WRIGHT, Appellee, v. ROBERT S. WRIGHT, Appellant. No. 46,420Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT 1. DIVORCE — Alimony or Support — Modification on Subsequent Order. Where a court has the statutory power to modify a decree for alimony or support, a provision in […]

112 P.3d 125 The CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellant, v. SEALPAK COMPANY, INC, Appellee. No. 91,748.Supreme Court of Kansas. Opinion Filed June 3, 2005. SYLLABUS BY THE COURT1. CONDEMNATION — Valuation of Property — When Assessed Value of Property for Tax Purposes Is Admissible in Condemnation Action Where Property Value Is in […]

708 P.2d 556 GARRY L. BALDWIN, Appellee, v. JENSEN-SALSBERY LABORATORIES and LUMBERMEN’S MUTUAL CASUALTY COMPANY, Respondent and Insurance Carrier, Appellants. No. 57,742Court of Appeals of Kansas Opinion filed November 14, 1985 Petition for review denied January 24, 1986. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Occupational Disease and Accidental Injury Distinguished — Brucellosis May […]

664 P.2d 865 CITY OF KANSAS CITY, KANSAS, Appellant, v. ALFRED GRIFFIN, Appellee. No. 55,191Supreme Court of Kansas Opinion filed June 10, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Repeal of Statute — Effect of Repeal without a Savings Clause. The outright repeal of a criminal statute or ordinance without a savings clause […]

917 P.2d 893 PATRICIA M. STEVENSON, Appellant, v. BRETT H. ROBINSON, DIRECTOR OF COLLECTIONS, DEPARTMENT OF REVENUE, STATE OF KANSAS, and MARSHA M. SPANGLER, CLERK OF THE DISTRICT COURT, EIGHTEENTH JUDICIAL DISTRICT, SEDGWICK COUNTY, KANSAS, Appellees. No. 73,560[1] Court of Appeals of Kansas Opinion filed March 8, 1996 [1] REPORTER’S NOTE: Previously filed as an […]

494 P.2d 1087 SENNETT KIRK, JR., and H.B. DOERING, Plaintiffs and Appellees, v. H.G.P. CORPORATION, INC.; THE TEXAS COMPANY; and TEXACO, INC., Defendants; CLAUDE D. BEETS, Third-Party Defendant and Appellant. No. 46,231Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT CORPORATIONS — Action to Hold Officer of Corporation Liable for Plugging […]

706 P.2d 480 In the Matter of the Application to Change the Name of MEKEA LaDAWN MOREHEAD. No. 57,497Court of Appeals of Kansas Opinion filed September 26, 1985 SYLLABUS BY THE COURT 1. INFANTS — Change of Name. A minor may file a petition, through a next friend, to obtain a name change pursuant to […]

886 P.2d 895 STARR McDONNELL and ANDREW McDONNELL, by and through his next friend, STARR McDONNELL, Appellants, v. THE MUSIC STAND, INC., Appellee. No. 71,238Court of Appeals of Kansas Opinion filed December 16, 1994 Petition for review denied 256 Kan. 995 (1995). SYLLABUS BY THE COURT 1. JUDGMENTS — Inconsistent and Conflicting Judgments. Inconsistent and […]

248 P.3d 1282 STATE OF KANSAS, Appellee, v. THOMAS ODELL KELLY, Appellant. Nos. 100,913, 100,914.Supreme Court of Kansas. Opinion filed March 25, 2011. SYLLABUS BY THE COURT1. HABEAS CORPUS — K.S.A. 60-1507 Proceeding — Proceeding Not a Substitute for Direct Appeal — Subsequent Motions for Similar Relief Not to Be Entertained. A proceeding under K.S.A. […]

241 P.2d 748 ADAH GRIEM CHAMBERS, Appellee, v. ARTHUR A. HERRICK, State Director of Alcoholic Beverage Control, Appellant. No. 38,508Supreme Court of Kansas Opinion filed March 8, 1952. SYLLABUS BY THE COURT 1. INTOXICATING LIQUORS — Expiration of License Before Appeal Perfected — Moot Question. The fact that a retail liquor license has by its […]

544 P.2d 1366 CHARLES C. HOOVER, Appellant, v. THE EHRSAM COMPANY, Appellee. No. 47,826Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Phrase “In the Course of” Employment — What Phrase Means. The phrase “in the course of” employment as used in our workmen’s compensation act relates […]

123 P.3d 212 CITY OF TOPEKA v. JONES. No. 93,455.Court of Appeals of Kansas. December 2, 2005. Appeal from Shawnee. Decision without published opinion. Affirmed.

32 P.3d 1219 STATE OF KANSAS, Appellee, v. PATRICK S. FREEL, Appellant. No. 85,221Court of Appeals of Kansas Opinion filed: October 5, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confidential Informant — Identity of Informant — Disclosure of Identity — Trial Court Discretion. The identity of a confidential informant is privileged unless the […]

921 P.2d 1225 RODNEY MURPHY, Appellee, v. MICHAEL NELSON, WARDEN, EL DORADO CORRECTIONAL FACILITY, Appellant. No. 73,848Supreme Court of Kansas Opinion filed July 26, 1996. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appellate Review of Administrative Agency’s Interpretation of Its Own Regulation. An agency’s interpretation of its own regulation will not be disturbed unless […]

806 P.2d 986 STATE OF KANSAS, Appellant, v. JAMES DONOVAN LeFORT, Appellee. No. 64,538Supreme Court of Kansas Opinion filed March 1, 1991. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Warrant — Specificity — Constitutional requirements. The purpose of the constitutional requirement that search warrants particularly describe the place to be searched and […]

822 P.2d 609 STATE OF KANSAS, Appellee, v. EARL E. WILBURN, Appellant. No. 65,525Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions. In a criminal action, a trial court must instruct the jury on the law applicable to the theories of all parties where there […]

353 P.2d 961 VICKI LYNN BECKER, a minor, by Mrs. Floyd Becker, her mother and next friend, Appellee, v. CARL RUPP, Appellant. No. 41,928Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Striking Affirmative Defense From Answer — Appealable. Where the order of the trial court […]

34 P.3d 462 IN THE INTEREST OF C.C., DOB: 02/26/99; C.B., DOB: 08/26/90; and R.C., DOB: 12/31/94. No. 86,119[1] Court of Appeals of Kansas Opinion filed: July 27, 2001. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 25, 2001, pursuant to […]

807 P.2d 1318 IN THE MATTER OF RICHARD H. EBERSOLE, Respondent. Bar Docket No. 07601Supreme Court of Kansas Opinion filed April 10, 1991. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On January 25, 1991, a formal complaint was filed by the disciplinary administrator against Richard H. Ebersole, of Mulvane, an attorney […]

113 P.3d 834 STATE v. SMITH. No. 92,455.Court of Appeals of Kansas. June 24, 2005. Appeal from Sedgwick. Decision without published opinion. Sentence vacated, and case remanded.

28 P.3d 462 In the Matter of the Petition of JACKIE P. MINNIS, JR., for a Writ of Habeas Corpus. No. 86,928Court of Appeals of Kansas Opinion filed: August 10, 2001. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Double Jeopardy. The Fifth Amendment to the United States Constitution, § 10 of the Kansas Constitution […]

334 P.2d 426 THE R.W. RINE DRILLING COMPANY, a Corporation, Appellee, v. HENRY POPP, d/b/a HENRY POPP SALVAGE YARD, Appellant, DONALD E. WARE and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation, Appellees. No. 41,013Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT 1. PLEADING — Amendment before Answer — To […]

717 P.2d 519 In the Matter of the Guardianship and Conservatorship of DELLA MARIE SLEMP. No. 58,280Court of Appeals of Kansas Opinion filed April 10, 1986 Petition for review denied 239 Kan. 628. SYLLABUS BY THE COURT WILLS — Provisions in Will Not Effective until Will Probated. In Kansas, a will is not effective to […]

896 P.2d 393 HAZ-MAT RESPONSE, INC., Appellant, v. CERTIFIED WASTE SERVICES LIMITED, CHIEF SUPPLY CORPORATION, COASTAL REFINING MARKETING, INC., and CIC INDUSTRIES, Appellees. No. 72,004Court of Appeals of Kansas Opinion filed May 19, 1995 Aff’d in part and rev’d in part 259 Kan. 166, 910 P.2d 839 (1996). SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT […]

7 P.3d 252 STATE OF KANSAS, Appellee, v. FRANK J. WILKINS, Appellant. Nos. 80,189, 80,213Supreme Court of Kansas Opinion filed June 2, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Double Jeopardy — Statutory Codification Contains Compulsory Joinder and Identity of Elements Rules. K.S.A. 21-3108 is a codification of the double jeopardy rule and […]

348 P.2d 626 ADAM MANNEL, Appellant, v. PAUL MANNEL and FERN COOPER, Appellees. No. 41,687Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT 1. GARNISHMENT — Alimony — Custodia Legis. Money in the hands of the clerk of the district court, paid pursuant to a decree for alimony, and belonging to […]

72 P.3d 552 In the Matter of LISA ANN BAILEY, Respondent. No. 82,940.Supreme Court of Kansas. June 13, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Probation Successfully Completed. ORDER On October 29, 1999, this court placed the respondent, Lisa Ann Bailey, on supervised probation for a 2-year period. See In re Bailey, 268 Kan. […]

282 P.2d 446 Peter Komarek Estate, EDREE CAROLD HANEY and NATHALIE DELILAH MILLS, Appellees, v. SALLIE KOMAREK, Appellant. No. 39,643Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT WILLS — Contract to Will — Remarriage of Promisor — Effect on Contract and Antenuptial Agreement. In a case where a father and […]

56 P.3d 829 KURT F. KLUIN, APPELLANT, v. AMERICAN SUZUKI MOTOR CORPORATION, APPELLEE. Supreme Court of Kansas[1] No. 87,935 Opinion filed: November 1, 2002. [1] REPORTER’S NOTE: Hon. Edward Larson became a Senior Judge upon his retirement from the Supreme Court effective September 4, 2002. Pursuant to the authority vested in the Supreme Court by […]

107 P.3d 445 DAVID A. NORLIN, Appellant, v. BOARD OF TRUSTEES OF THE CLOUD COUNTY COMMUNITY COLLEGE, CLOUD COUNTY, KANSAS, Appellee. No. 91,309.Court of Appeals of Kansas. Opinion filed September 17, 2004. SYLLABUS BY THE COURT1. SCHOOLS — Teachers’ Contracts — Continuing Contract Law — Construction. K.S.A. 72-5410 et seq. is construed and applied. 2. […]

748 P.2d 883 THE CITY OF MERRIAM, KANSAS, a Municipal Corporation, and EXECUTIVE AFFILIATES, INC., a Corporation, Appellees, v. BOARD OF ZONING APPEALS OF THE CITY OF MERRIAM, KANSAS, Appellant, v. METROPLEX BUSINESS COMMUNICATIONS GROUP, LTD. Intervenor/Appellant. No. 60,637Supreme Court of Kansas Opinion filed January 15, 1988. SYLLABUS BY THE COURT 1. ZONING — State […]