Category: Kansas Court Opinions

865 P.2d 1031 JOE MASTERSON, Appellant, v. BOLIDEN-ALLIS, INC., Appellee. No. 68,795[1] Court of Appeals of Kansas Opinion filed September 10, 1993 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 9, 1993, pursuant to Rule 7.04 (1993) Kan. Ct. R. Annot. […]

422 P.2d 959 JEROLD M. ADAIR, Appellant, v. THE STATE OF KANSAS, Appellee. No. 44,233Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Notice to Invoke Habitual Criminal Act. The record in a proceeding filed by the petitioner pursuant to K.S.A. 60-1507, to […]

110 P.3d 1053 STATE v. WYATT. No. 89,501.Court of Appeals of Kansas. May 6, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed in part, reversed in part, sentences vacated, and remanded with directions.

163 P.3d 267 In The Matter of E. THOMAS PYLE, III, Respondent. No. 96,579.Supreme Court of Kansas. April 27, 2007. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement of Suspended License. On April 27, 2007, this court suspended the respondent, E. Thomas Pyle, III, from the practice of law in Kansas for a […]

107 P.3d 1245 STATE OF KANSAS, Appellee, v. MATTHEW L. SLIMMER, Appellant. No. 92,232.Court of Appeals of Kansas. Opinion filed March 4, 2005. Petition for review denied 280 Kan. ___ (September 29, 2005). SYLLABUS BY THE COURT1. STATUTES — Constitutionality — Court’s Duty to Construe Statute Constitutionally Valid if Possible. A statute is presumed constitutional, […]

789 P.2d 541 DOUGLAS SAMSEL, Plaintiff, v. WHEELER TRANSPORT SERVICES, INC., DON C. HILGENFELD, and GREAT WEST CASUALTY COMPANY, Defendants. No. 62,983Supreme Court of Kansas Opinion filed March 21, 1990. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Sovereign Power in Legislature — Exceptions. All governmental sovereign power is vested in the legislature, except such […]

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 […]

702 P.2d 1381 IN THE MATTER OF THE ESTATE OF LEONARD METTEE, DECEASED. No. 56,192Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS BY THE COURT WILLS — Duplicate Copies of Executed Will — Copy Retained by Testator But Not Found at Testator’s Death — Rebuttable Presumption That Testator Revoked Will. Where two or […]

799 P.2d 491 AUGUSTINE GONZALES, AS ADMINISTRATOR OF THE ESTATE OF RODERICK E. GONZALES, DECEASED, and AUGUSTINE GONZALES and DOLORES GONZALES, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, Appellee. No. 64,428Supreme Court of Kansas Opinion filed October 26, 1990. SYLLABUS BY THE COURT 1. GOVERNMENTAL IMMUNITY — Kansas Tort Claims Act […]

757 P.2d 318 STATE OF KANSAS, Appellant, v. DAN WINKEL, Appellee. No. 61,925Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT 1. TRIAL — Witness — Age of Witness as Factor for Disqualification. Age alone is not a valid criteria for disqualification of a witness. 2. CRIMINAL LAW — Admissibility of […]

434 P.2d 1015 MOUNTAIN IRON SUPPLY COMPANY, Appellant, v. JOE BRANUM, d/b/a TERRELL DRILLING PRODUCING; KIM OIL COMPANY, INC.; RICHARD M. DRISCOLL; R.M. DRISCOLL; COLLETTE M. DRISCOLL; JERRY J. DRISCOLL; F.J. SPURGEON; VERA HAMMOND; VERA MAY HAMMOND; CHARLES C. HAMMOND; DOROTHA L. HAMMOND; HENRY KAHRS; HELENA A. KAHRS; CLARK E. HAMMOND; ALFRED MOLLENKAMP, Appellees. No. […]

352 P.2d 434 STATE OF KANSAS, Appellee, v. JACK GREENWOOD, Appellant. Nos. 41,830 and 41,831Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT 1. STATUTES — No Repeal by Implication. The provisions of G.S. 1949, 21-915 and 21-1508 considered, and found, as construed by this court, not to involve the same […]

26 P.3d 673 STATE OF KANSAS, Appellee, v. RONNIE DALE BRANNING, Appellant. No. 84,876Supreme Court of Kansas Opinion filed: July 13, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Murder — Hearsay — Limitation on Cross-examination Regarding Codefendant’s Plea Agreement — Witness who Invoked Fifth Amendment Not Compelled to Appear — Premeditation in Felony […]

9 P.3d 561 CHANUTE PRODUCTION CREDIT ASSOCIATION, Appellant, v. MICHAEL C. SCHICKE, Appellee. No. 83,818Court of Appeals of Kansas Opinion filed July 21, 2000. SYLLABUS BY THE COURT 1. BANKRUPTCY — Dischargeability — Concurrent Jurisdiction between Bankruptcy Court and Court of Competent Jurisdiction. Jurisdiction for a determination of dischargeability is concurrent between the bankruptcy court […]

545 P.2d 1125 JACK BISHOP, Appellant, v. THE CAPITOL LIFE INSURANCE COMPANY, et al., Appellee. No. 47,803Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. INSURANCE — Health and Accident Policy — Provisions Relating to Inception of Sickness or Disease. The origin or inception of a sickness or disease, within […]

736 P.2d 930 DEAN FASSE, Appellee, v. LOWER HEATING AND AIR CONDITIONING, INC., Appellant. No. 59,997Supreme Court of Kansas Opinion filed May 1, 1987. SYLLABUS BY THE COURT 1. CONTRACTS — Third-party Beneficiary — Enforcement of Contract by Third Party. Where a person makes a promise to another for the benefit of a third person, […]

634 P.2d 133 MARSHEL INVESTMENTS, INC., Appellant, v. WILLIAM C. COHEN, SR., and INSURANCE MANAGEMENT ASSOCIATES, INC., Appellees. No. 50,891Court of Appeals of Kansas Opinion filed August 28, 1981 SYLLABUS BY THE COURT 1. INSURANCE — Agent or Broker — Duty of Care Required When Procuring Insurance for Client. An insurance agent or broker who […]

847 P.2d 1191 STATE OF KANSAS, Appellee, v. GREGORY RAYMOND HARKNESS, Appellant. No. 66,809Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Competency to Stand Trial. A defendant is incompetent to stand trial if, because of mental illness or defect, that individual is unable to understand the […]

770 P.2d 825 RICHARD W. TOMLINSON, Plaintiff, v. THE CELOTEX CORPORATION, et al., Defendants. No. 62,113Supreme Court of Kansas Opinion filed March 3, 1989. SYLLABUS BY THE COURT LIMITATIONS OF ACTIONS — Ten-year Limitation Applies to Claims Based upon Latent Diseases — Limitation as Applied to this Case Is Constitutional. The United States District Court […]

220 P.2d 180 WM. H. GRAVES, JOHN GRAVES, DWIGHT GRAVES and LOWELL GRAVES, copartners, doing business as GRAVES TRUCK SERVICE, Appellees, v. THE NATIONAL MUTUAL CASUALTY COMPANY, an Oklahoma corporation, Appellant, W.E. RUPPELIUS, doing business as WINFIELD TRANSFER AND STORAGE COMPANY, Appellant, VICTOR GARDINIER, Appellee, the HAWKEYE CASUALTY COMPANY, Appellee, and MARTIN E. JARVIS, Administrator […]

630 P.2d 1121 CATHERINE S. SHEPPARD, Appellant, v. STEVEN H. SHEPPARD, Appellee. ROY SUMNER AND DOROTHY SUMNER, Intervenors and Appellees. No. 52,582Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT 1. STATUTES — Due Process Considerations. The test as to whether a statute comports with the due process clause is whether […]

510 P.2d 614 MICHAEL A. MORRA, Appellant, v. STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS, Appellee. No. 46,748Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — Extent of Trial Court’s Authority on Appeal. A district court, on appeal, may not substitute its judgment for that of an administrative […]

252 P.2d 624 HERBERT W. STEWART, Appellant, v. FARMERS STATE BANK, a corporation, Appellee. No. 38,763Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT BANKS — Safe Deposit Box Rental — Lock Box Left for Safekeeping — Statute Construed. Laws of 1947, chapter 102, article 9 (G.S. 1949, 9-1501 et seq.,), […]

252 P.2d 858 NATHANIEL GERMANY, Petitioner, v. ROBERT H. HUDSPETH, Warden of the Kansas State Penitentiary, Respondent. No. 39,058Supreme Court of Kansas Opinion filed February 5, 1953. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Writ Denied. The record examined in a proceeding for a writ of habeas corpus, and held, that the petitioner […]

222 P.2d 704 KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., a Corporation, Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, JEFF A. ROBERTSON, Chairman and Commissioner, DeWITT M. STILES, Commissioner, and CHARLES M. WARREN, Commissioner, as members of the State Corporation Commission of the State of Kansas, and their respective successors in office, Appellees. NORTHERN […]

468 P.2d 78 STATE OF KANSAS, Appellee, v. MAX POTTS, Appellant. No. 45,573Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. WITNESSES — Contradictory Statements — Impeaching Witness — Presence of Defendant Not Necessary. When contradictory statements are introduced in evidence for the purpose of impeaching a witness, the presence […]

544 P.2d 1380 STATE OF KANSAS, Appellant, v. RALPH W. FLOYD, JR., Appellee. No. 48,023Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Penal Statutes — Construction. Penal statutes are to be strictly construed. 2. SAME — Prior Conviction under City Ordinance — No Subsequent State Offense. […]

350 P.2d 1 In the Matter of the Estate of Gertrude McCourt Shirk, Deceased. (BETTY SHIRK O’BRIEN, Appellant, v. WILLIAM S. SHIRK, Executor, Appellee.) No. 41,684Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Necessary Pleadings for Probate Court — Transfer to District Court — Pleadings […]

576 P.2d 1088 In re: The Complaints made against SAMUEL J. WILSON by the State Board of Law Examiners. No. 48,935 (Bar Docket No. 6644)Supreme Court of Kansas March 31, 1978 ORDER OF DISBARMENT ATTORNEYS — Disciplinary Proceeding — Disbarment. Per Curiam: On March 1, 1977, a panel of the State Board of Law Examiners […]

258 P.2d 296 MARILYN EISMAN, Appellee, v. HUGH MARTIN, also known as High Martin and JOE M. O’FFILL, an individual, doing business as Joe M. O’ffill Motor Company, Appellants. EUGENE v. EISMAN, Appellee, v. HUGH MARTIN, also known as High Martin and JOE M. O’FFILL, an individual, doing business as Joe M. O’ffill Motor Company, […]

582 P.2d 261 CANTERBURY COURT, INC. and ANDY DOMINGUEZ and WANDA F. DOMINGUEZ, Appellees and Cross-Appellants, v. STUART ROSENBERG and DAVID RENYER, Appellants and Cross-Appellees. No. 48,649Supreme Court of Kansas Opinion filed July 21, 1978. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Allegations Required for Action. To maintain an action for relief on […]

610 P.2d 598 In the Matter of the Adoption of JASON LEE WILSON and JEREMY RAY WILSON, Minor Children [GLENN L. PATRICK, Petitioner and Appellee, DENNIS R. WILSON, Respondent and Appellant.] No. 50,885Supreme Court of Kansas Opinion filed May 10, 1980. SYLLABUS BY THE COURT PARENT AND CHILD — Adoption — Consent by Natural Father […]

943 P.2d 76 STATE OF KANSAS, Appellee, v. STANLEY LEE BISSELL, Appellant. No. 76,333Court of Appeals of Kansas Opinion filed August 1, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Kansas Sentencing Guidelines Act — Constitutionality. The constitutionality of the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq., must be reviewed […]

110 P.3d 425 STATE OF KANSAS, Appellee, v. ROBERT BUEHLER-MAY, Appellant. No. 91,470.Supreme Court of Kansas. Opinion Filed April 22, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Mental Disease or Defect — Defendant Must File Notice of Intent to Assert Defense — Statutory Time Requirement — Trial Court Discretion Whether to Permit Notice out […]

114 P.3d 191 PICKEN v. O’DONNELL SONS CONST. CO., INC. No. 93,421.Court of Appeals of Kansas. July 1, 2005. Appeal from the Workers Compensation Board. Decision without published opinion. Affirmed.

837 P.2d 835 MARKA L. FOUNTAIN, INDIVIDUALLY, AS HEIR AT LAW OF DAVID L. FOUNTAIN, DECEASED, AND AS NATURAL GUARDIAN AND NEXT FRIEND OF MEGAN L. FOUNTAIN, A MINOR, AND MORGAN L. FOUNTAIN, A MINOR, Appellants, v. SE-KAN ASPHALT SERVICES, INC., Appellee. No. 67,072Court of Appeals of Kansas Opinion filed August 7, 1992 Petition for […]

388 P.2d 832 L.W. REXROAD and JAY M. REXROAD, d/b/a L.W. Rexroad and Son, Appellees and Cross Appellants, v. THE KANSAS POWER AND LIGHT COMPANY, a Corporation, Appellant and Cross Appellee. No. 43,326Supreme Court of Kansas Opinion filed January 25, 1964. SYLLABUS BY THE COURT 1. NEGLIGENCE — Severance of Gas Line — Rulings. Rexroad […]

518 P.2d 518 M.A. RUND, Appellee, v. CESSNA AIRCRAFT COMPANY and HARTFORD ACCIDENT INDEMNITY COMPANY, Appellants. No. 47,146Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Determining Whether Judgment Supported by Evidence — Question of Law. Whether the judgment in a workmen’s compensation case is supported by […]

479 P.2d 875 WEIL AND ASSOCIATES, Appellant, v. THE URBAN RENEWAL AGENCY OF THE WICHITA, KANSAS METROPOLITAN AREA, and its Board of Commissioners, Appellees. No. 45,852Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. TRIAL — Motion to Dismiss — How Motion To Be Decided. When a motion to dismiss […]

388 P.2d 626 VERNON J. OCHS, Appellant, v. G.T. BLANKENSHIP, et al., Appellees. No. 43,447Supreme Court of Kansas Opinion filed January 25, 1964. SYLLABUS BY THE COURT 1. DEEDS — Mineral Deeds Placed in Escrow — Recorded Within Time. Where a plaintiff files an action to quiet his title against the holders of mineral deeds […]

266 P.2d 734 W.H. MORTON and GRACE MORTON, Appellees, v. JOE SUTCLIFFE (Appellant), I.R. NESS and VIOLET NESS, Defendants, Appellant. No. 39,407Supreme Court of Kansas Opinion filed February 16, 1954. SYLLABUS BY THE COURT MINES AND MINERALS — Action to Cancel Oil and Gas Lease — Failure to Pay Rent When Due. In an action […]

7 P.3d 241 In the Matter of KENT A. ROTH, Respondent. No. 83,887Supreme Court of Kansas Opinion filed June 2, 2000. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed June 2, 2000. Published censure. Edwin A. Van Petten, deputy disciplinary administrator, argued the cause […]

272 P.2d 1100 THE KANSAS POWER LIGHT COMPANY, a Corporation, Appellant, v. JOHN WATERS and MARY WATERS, his Wife, Appellees. No. 39,479Supreme Court of Kansas Opinion filed July 6, 1954. SYLLABUS BY THE COURT ADVERSE POSSESSION — Erection of Lasting Improvements — Possession. The record examined in an action to quiet title, and held, to […]

215 P.2d 215 LOUIS S. KEHIAS, Appellee, v. G.B. GOVITS COMPANY, INC., a Corporation, Appellant. No. 37,790Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT CORPORATIONS — Action by Minority Stockholders — Appointment of Receiver — Notice of Hearing. In an action by a minority stockholder of a retail mercantile corporation […]

485 P.2d 190 LIZZIE BOHAN HARPER, Appellant, v. JACK J. KUNTZ and MARY E. KUNTZ, Appellees. No. 45,983Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. NEGLIGENCE — Invitation to Visit Premises — Purpose Determines Status. A person’s status when entering upon the property of another by invitation is determined […]

352 P.2d 48 ELMO L. SHEPHERD, Appellee, v. THE GAS SERVICE COMPANY, Appellant. No. 41,893Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Findings and Judgment — Evidence to Support. Record examined under the limited jurisdiction conferred on this court in workmen’s compensation cases by statute (G.S. […]

921 P.2d 790 STATE OF KANSAS, Appellee, v. MICHAEL C. MATSON, Appellant. No. 73,125Supreme Court of Kansas Opinion filed July 12, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Complaint or Information — Amendment — When Permitted. K.S.A. 22-3201(e) states that the court may permit a complaint or information to be amended at any […]

731 P.2d 294 STATE OF KANSAS, Appellee, v. SULLIVAN MACK HOLLOMAN, Appellant. No. 59,192Supreme Court of Kansas Opinion filed January 16, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Kidnapping — Sufficiency of Movement of Child Victim under Specific Facts to Constitute Kidnapping. Under the facts of the case, the movement of a child […]

122 P.3d 420 STATE v. MOSQUEDA. No. 92,952.Court of Appeals of Kansas. November 10, 2005. Appeal from Harvey. Decision Without Published Opinion. Affirmed.

781 P.2d 1043 DONALD PHILIP ST. CLAIR, Special Administrator of the Estate of JESSIE MAE ROBESON, Deceased, and DONALD ST. CLAIR, YVONNE GILLAN, and WANDA HARDEN, heirs-at-law of JESSIE MAE ROBESON, Deceased, Appellees, v. RUTH DENNY, Special Administrator of the Estate of TOM G. DENNY, Deceased, and MORGAN SUPPLY COMPANY, INC., Appellants. No. 61,949Supreme Court […]

220 P.2d 135 W.E. BEITZ, Appellee, v. (C.B. HEREFORD, R.T. HEREFORD, EMERSON A. RICH and FRED FISH, Defendants) C.B. HEREFORD and R.T. HEREFORD, Appellants. No. 37,865Supreme Court of Kansas Opinion filed July 8, 1950. SYLLABUS BY THE COURT 1. MASTER AND SERVANT — General and Special Servant — A person may be the general servant […]

682 P.2d 682 KEVIN L. STETLER, Appellant, v. TERESA HAGEDORN FOSHA, Appellee. No. 55,668Court of Appeals of Kansas Opinion filed June 14, 1984 Petition for review denied September 6, 1984. SYLLABUS BY THE COURT 1. JUDGMENTS — Entry of Judgment — Right to Appeal Not Dependent on Counsel’s Objection to or Approval of Formal Entry […]

520 P.2d 1303 C.E. DENMAN, Appellant, v. ASPEN DRILLING CO., Appellee, and JOHN VOLOSIN, Defendant. No. 47,215Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. DAMAGES — Breach of Drilling Contracts — Measure of Damages. It should be understood that the rule as to the measure of damages for breach […]

962 P.2d 491 WESLEY J. BITTEL, GENE W. BITTEL, and DAVID A. BITTEL, Appellants, v. FARM CREDIT SERVICES OF CENTRAL KANSAS, P.C.A., Appellee. No. 78,883Supreme Court of Kansas Opinion filed July 10, 1998 SYLLABUS BY THE COURT 1. CREDITORS AND DEBTORS — Credit Agreement — Statute of Frauds Application. K.S.A. 16-118 operates as a statute […]

184 P.3d 247 STATE OF KANSAS, Appellee, v. JOHN P. KIRKPATRICK, Appellant. No. 93,465.Supreme Court of Kansas. Opinion filed May 30, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Felony Murder — Lesser Included Offense Instruction. Generally, when murder is committed during the commission of a felony, the rule requiring instructions on lesser included offenses […]

647 P.2d 1281 STATE OF KANSAS, Appellee, v. JEFFERY LYNN ASHWORTH, Appellant. No. 53,249Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT 1. JURIES — Experiment or Demonstration Conducted by Jury — When Proper. An experiment or demonstration is proper when conducted by the jury with the use of exhibits properly […]

595 P.2d 352 STATE OF KANSAS, Appellee, v. FRANCIS D. URBAN, Appellant. No. 50,254Court of Appeals of Kansas Opinion filed June 1, 1979 SYLLABUS BY THE COURT CRIMINAL LAW — Impoundment of Defendant’s Vehicle — Application of Plain View Doctrine Erroneous — Suppression of Evidence. Under the facts and circumstances set forth in the opinion, […]

44 P.3d 1261 STATE OF KANSAS, Appellant, v. DAVID ANTHONY POLLARD, Appellee. No. 86,821Supreme Court of Kansas Opinion filed: April 26, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Criminal Possession of a Firearm — Sentencing When Defendant Committed Prior Felony in Missouri But the Disposition of Which Was Not A Conviction — Under Kansas […]

110 P.3d 1053 STATE v. BISCHOFF. No. 91,179.Court of Appeals of Kansas. May 6, 2005. Appeal from the Saline. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

71 P.3d 1193Court of Appeals of Kansas June 20, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Graham 86899 Saline 06/20/2003 Affirmed in part, reversed in part, and remanded with directions State v. Harvey 87262 Wyandotte 06/20/2003 Convictions reversed State v. Serrano 87592 Douglas 06/20/2003 Affirmed State v. Patterson 88140 Finney […]

2 P.3d 773 STATE OF KANSAS, Appellee, v. JASON R. MOLER, Appellant. No. 82,370Supreme Court of Kansas Opinion filed June 2, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary — Lean-to Held Not to be “Other Structure” within Purview of Burglary Statute. A lean-to open on one side and attached to a workshop for […]

280 P.2d 615 BESSIE EMMERICH, Appellee, v. KANSAS CITY PUBLIC SERVICE COMPANY, a Corporation, CLARENCE E. FALCONER and ALLEEN I. FALCONER, Partners Doing Business as Falconer Furniture Company, Appellants. No. 39,574Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT 1. TRIAL — Demurrer to Evidence — Curing Errors. When a defendant […]

190 P.3d 271 STATE OF KANSAS, Appellee, v. SHERRICK ANDRE SIMS, Appellant. No. 97,943.Court of Appeals of Kansas. Opinion filed August 22, 2008. SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — Consecutive Sentence for New Felony While Offender Serving Sentence for Prior Felony — Consecutive Sentence Not Mandated When “Prior Felony” Involved Juvenile Adjudication. K.S.A. […]

527 P.2d 1059 HOWARD NELSON, Appellee, v. HY-GRADE CONSTRUCTION AND MATERIALS, INC., A CORPORATION, Appellant. No. 47,437Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT 1. CONTRACTS — Sale of Personal Property — When Not Enforceable. A contract, not in writing, for the sale of personal property for a price of […]

898 P.2d 643 In the Matter of the Estate of MARIA SLADE CLINE, Deceased. No. 72,415Supreme Court of Kansas Opinion filed July 14, 1995. SYLLABUS BY THE COURT 1. WILLS — Construction — Question of Law. The construction of a written instrument is a question of law, and the instrument may be construed and its […]

647 P.2d 1323 STATE OF KANSAS, Appellee, v. DAVID L. LILLEY, Appellant. No. 53,863Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Amendment of Information before Verdict. The court may permit a complaint or information to be amended at any time before the verdict if no additional […]

510 P.2d 597 In the Matter of the Estate of Pearl Ingram, Deceased. (EUNICE INGRAM, Administratrix of the Estate of Harold W. Ingram, Deceased, Appellee, v. FRANCES [GARNER] INGALLS, Appellant.) No. 46,728Supreme Court of Kansas Opinion filed May 22, 1973. SYLLABUS BY THE COURT 1. CONSERVATORS — Settling the Conservatorship Estate — To Whom Delivery […]

811 P.2d 1216 DAVID BRABANDER, Appellant, v. WESTERN COOPERATIVE ELECTRIC, Defendant, and COMMERCIAL UNION INSURANCE COMPANY, Appellee. No. 65,539Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. STATUTES — Construction — General Rules. General principles of statutory construction are stated and applied. 2. WORKERS COMPENSATION — Remedy against Negligent Third […]

999 P.2d 947 STATE OF KANSAS, Appellant, v. VICTOR L. BOWIE, Appellee. Nos. 82,929, 83,048, 83,049, 83,114, 83,115Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. MOTOR VEHICLE — License to Drive Is Privilege, Not a Right. Driving a motor vehicle in Kansas is a privilege and not a natural […]

669 P.2d 660 STATE OF KANSAS, Appellant, v. CLEMENS C. NOTT, JR., a/k/a DEAN NOTT, Appellee. No. 55,217Supreme Court of Kansas Opinion filed September 6, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Right not to Be called as Witness — Waiver of Right. In a criminal trial, a defendant has the absolute […]

935 P.2d 1063 IVAN D. KRUG and ALETA CRABTREE, Appellants, v. JOHN KORIEL, Appellee. No. 76,257.Court of Appeals of Kansas Opinion filed: April 4, 1997. SYLLABUS BY THE COURT AGRICULTURE — Wheat Streak Mosaic Virus — No Common-law Duty to Control Volunteer Wheat to Prevent Spread of Virus. There is no common-law duty in Kansas […]

141 P.3d 1192 JOHN ELLIOTT GRAHAM, Appellee, v. DOKTER TRUCKING GROUP, SOLDIER CREEK TRANSPORTATION, UNION INSURANCE COMPANY, and CONTINENTAL WESTERN INSURANCE COMPANY, Appellants. No. 95,650.Court of Appeals of Kansas. Opinion filed September 1, 2006. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Accommodated Worker — Workers Earning Capability Diminished Based Solely on Reported Pain That Is […]

289 P.2d 771 H.F. FULMER, Appellee, v. W.C. HALLBAUER, Appellant. No. 39,863Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT EVIDENCE — Parol Evidence Affecting Writing. Where a written contract shows on its face that it is incomplete or that it is ambiguous, parol evidence may be received, not to vary […]

822 P.2d 605 STATE OF KANSAS, Appellee, v. DONALD BOOMGAARN, Appellant. No. 65,517Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Modification Recommendation by SRDC — Trial Court May Decline to Adopt Recommendation if Certain Statutory Findings Made. K.S.A. 1989 Supp. 21-4603(3) allows a trial […]

483 P.2d 491 ELLA M. CALVERT, Widow of Richard M. Calvert, Deceased, Claimant-Appellant, v. DARBY CORPORATION and SECOND INJURY FUND, Respondents, and TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellees. No. 46,199Supreme Court of Kansas Opinion filed April 10, 1971. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Myocardial Infarction — Finding Claimant Doing Usual Work — Finding […]

168 P.3d 56 STATE OF KANSAS, Appellee, v. MEARL E. WHILLOCK, II, Appellant. No. 97,244.Court of Appeals of Kansas. Opinion filed September 7, 2007. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. Our review of statutory interpretation is unlimited. 2. CRIMINAL LAW — Driving under Influence — Enhanced Sentence for DUI When Child […]

10 P.3d 765 STATE OF KANSAS, Appellant, v. LYZEME SAVAGE, Appellee. No. 83,653Court of Appeals of Kansas Opinion filed September 1, 2000. Petition for review denied 270 Kan. 903 (2000). SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Warrant — Legality of Warrant under Facts of Case. Under the facts of this case […]