Category: Kansas Court Opinions

777 P.2d 781 STATE OF KANSAS, Appellee, v. JOHN E. GOSS, Appellant. No. 62,083Supreme Court of Kansas Opinion filed July 14, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — 90-day Statutory Provision — Application Only to Jailed Defendant. The 90-day provision of K.S.A. 22-3402 applies only to a defendant charged with […]

66 P.3d 840 STATE OF KANSAS, Appellee, v. MICHAEL A. BETHEL, Appellant. No. 87,989.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. CONSTITUTIONAL LAW — Fourteenth Amendment — Due Process Analysis of State’s Decision Regarding Administration of Justice. A State’s decision regarding the administration of justice is subject to proscription under […]

872 P.2d 299 NORMAN E. WARDLOW, Appellee, v. ANR FREIGHT SYSTEMS and CIGNA INSURANCE COMPANY, Appellants. No. 69,760[1] Court of Appeals of Kansas Opinion filed November 19, 1993 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated December 23, 1993, pursuant to Rule […]

628 P.2d 233 In the Matter of the Incompetency of MICHAEL L. GRIFFITH, an attorney admitted to practice law within the State of Kansas. Bar Docket No. 8744Supreme Court of Kansas May 20, 1981 ORDER ATTORNEY AND CLIENT — Petition to Return to Active Status Denied. WHEREAS, Michael L. Griffith, an attorney formerly admitted to […]

412 P.2d 986 WILLIS B. JACOBS, Appellant, v. GOODYEAR TIRE RUBBER COMPANY OF KANSAS, INC., and AETNA CASUALTY SURETY COMPANY, Appellees. No. 44,527Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Mental Illness — Finding Claimant Did Not Sustain Injury by Accident Arising Out of Employment — Supported […]

310 P.2d 907 MARVIN J. CHERRY, Appellant, v. STATE AUTOMOBILE INSURANCE ASSOCIATION, Appellee. No. 40,381Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT AUTOMOBILES — Collision at Highway Intersection — Both Drivers Negligent by Jury’s Findings — Evidence — Instructions. The record in an action to recover damages for injuries to […]

202 P.3d 677 MAI T. LE, Appellant, v. PAUL S. JOSLIN, SPECIAL ADMINISTRATOR OF THE ESTATE OF DOROTHY K. GIBSON, Deceased; and CURTIS R. PAYNE, Appellees. No. 98,907.Court of Appeals of Kansas. Opinion filed February 27, 2009. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. Interpretation of a statute presents a question of […]

415 P.2d 421 STATE OF KANSAS, Appellee, v. MELVIN PHILLIPS, Appellant. No. 44,465Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Felonious Assault — Sodomy — Sufficiency of Evidence. The record in a criminal action is examined on appeal, and it is held: The evidence was sufficient to […]

67 P.3d 857 STATE OF KANSAS, Appellee, v. TIMOTHY J. JAMES, Appellant. No. 88,566.Court of Appeals of Kansas. Opinion filed May 2, 2003. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — State’s Brief in Criminal Case — State’s Failure to File Brief. The State’s failure to file a brief demonstrates, at the least, a lack of […]

302 P.2d 999 MARSHALL F. ROGERS, ALICE R. ROGERS and ETHEL R. COOPER, Appellees, v. BERNARD H. OSTMEYER, Appellant. No. 40,205Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT LANDLORD AND TENANT — Dispute Over Growing Crops — Termination of Lease — Notice to Quit Unnecessary. In an action between landowners […]

263 P.2d 254 THE PLAINS STATE BANK, a Corporation, Appellant, v. V.M. ELLIS, et al., Appellees. No. 39,088Supreme Court of Kansas Opinion filed November 7, 1953. SYLLABUS BY THE COURT 1. PARTNERSHIP — Action on Notes — Relationship of Parties. The record examined in an action for the recovery of money wherein, subsequent to the […]

120 P.3d 799 MICHELE D. BURCH, Individually and as the Parent, Natural Guardian, and Next Friend of GEORGIA J. BURCH and GRACE E. BURCH, Minors, Appellants, v. MICHELE D. BURCH, in her Capacity as Administrator of the Estate of DARRELL G. BURCH, Deceased, and the Estate of DARRELL G. BURCH, Deceased, Appellees. No. 92,503.Court of […]

900 P.2d 249 In the Matter of the Marriage of LINDA MONSLOW, Appellee, and H. VINCENT MONSLOW, Appellant. No. 72,721Court of Appeals of Kansas Opinion filed July 28, 1995 SYLLABUS BY THE COURT 1. DIVORCE — Maintenance — Automatic Escalator Clause — Trial Court Discretion — Appellate Review. The reasonable use of an automatic escalator […]

219 P.2d 444 PAULINE WELCH, Appellee, v. GEORGE W. SHEPHERD, Appellant, (GEORGE W. SHEPHERD, HAROLD H. HUCKINS, AMOS ADAMS, E. LEO PRICHARD and SARAH M. SWANEY, Defendants.) PAULINE WELCH, Appellant, v. (GEORGE W. SHEPHERD, Defendant) and HAROLD H. HUCKINS, AMOS ADAMS, E. LEO PRICHARD, and SARAH M. SWANEY, Appellees. Nos. 37,885, 37,913Supreme Court of Kansas […]

518 P.2d 937 RONALD L. STUCKY, Appellee, v. JACK JOHNSON, Appellant. No. 47,096Supreme Court of Kansas Opinion filed January 26, 1974. MEMORANDUM OPINION AUTOMOBILES — Collision With Motorcycle — Sufficiency of Hypothetical Question — Sufficiency of Evidence — Verdict Not Excessive. Appeal from Riley district court, RONALD D. INNES, judge. Opinion filed January 26, 1974. […]

980 P.2d 597 STATE OF KANSAS, Appellant, v. CHARLES BENNETT, Appellee. No. 81,726Court of Appeals of Kansas Opinion Filed May 14, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Mistreatment of a Dependent Adult. K.S.A. 21-3437(a)(1) is not a prohibition of three separate and distinct offenses but a prohibition of one offense that can […]

775 P.2d 194 In the Matter of the Marriage of JUDITH ANN SCHONEMAN, Appellee, and NORMAN ARNOLD SCHONEMAN, Appellant. No. 62,852Court of Appeals of Kansas Opinion filed June 2, 1989 Petition for review denied September 26, 1989. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. It is the function of a court […]

410 P.2d 423 STATE OF KANSAS, Appellee, v. WILLIAM D. JOHNSON, Appellant. No. 44,366Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Keeping Unclean Horse Pen — Validity of Statute. K.S.A. 21-1212 [Laws of 1909, Chapter 178] relating to the prevention of nuisances, and providing “That any […]

202 P.3d 691 SHELLY K. HERRELL, Appellee, v. NATIONAL BEEF PACKING COMPANY, LLC, Appellant, and TERRACON CONSULTANTS, INC. AND LIBERTY MUTUAL FIRE INS. COMPANY, Appellees. No. 99,451.Court of Appeals of Kansas. Opinion filed February 27, 2009. SYLLABUS BY THE COURT1. NEGLIGENCE — Proof Required by Plaintiff to Establish Claim. To establish a claim of negligence […]

306 P.2d 135 In the Matter of the Estate of Roland Jordon, Deceased. No. 40,333Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Appointment of Administrator — Time for Appointment. In a proceedings to secure the appointment of an administrator where not prevented by legal proceedings, the […]

787 P.2d 1185 STATE OF KANSAS, Appellant, v. NORMAN H. DAMM, Appellee. No. 62,897Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Search and Seizure — Constitutional Protections. The Fourth and Fourteenth Amendments to the United States Constitution prohibit unreasonable searches and seizures. 2. SEARCH AND SEIZURE […]

114 P.3d 191 STATE v. WILSON. Nos. 93,105, 93,106.Court of Appeals of Kansas. July 1, 2005. Appeal from the Dickinson. Decision without published opinion. Affirmed.

370 P.2d 85 DALE M. BRYANT, Appellee, v. EL DORADO NATIONAL BANK, Appellant. No. 42,593Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT ATTORNEYS — Action on Contingent Fee Contract — Failure to Terminate Employment — Collection by Another Attorney — Right to Collect Under Contract. The record, in an action […]

730 P.2d 368 In the Matter of the Application of MARK R. MAAS for a Writ of Habeas Corpus. No. 59,699Court of Appeals of Kansas Opinion filed December 31, 1986 SYLLABUS BY THE COURT 1. HABEAS CORPUS — Purpose of Habeas Corpus Action. The purpose of habeas corpus is to provide an efficient and prompt […]

597 P.2d 654 SUBURBAN MEDICAL CENTER, DODGE CITY REGIONAL HOSPITAL, HUMANA OF KANSAS, INC., AND HUMANA, INC., Appellants, v. OLATHE COMMUNITY HOSPITAL, Appellee. No. 50,678Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Agency Performs Legislative or Judicial Function — Determination. In determining whether an administrative agency […]

191 P.3d 1118 In the Matter of STEVEN A. JENSEN, Respondent. No. 99,468.Supreme Court of Kansas. Opinion filed September 12, 2008. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed September 12, 2008. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and […]

427 P.2d 588 KEITH WILLIAM ALCORN, Appellant, v. STATE OF KANSAS, Appellee. No. 44,793Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Belated Appointment of Counsel — No Necessity for Hearing or Appointment of Counsel. In a proceeding challenging a sentence under the […]

843 P.2d 283 CAROL L. FOVEAUX, Plaintiff/Appellee, v. CASSANDRA L. SMITH, Defendant/Appellee, and COLONIAL INSURANCE COMPANY OF CALIFORNIA, Intervenor/Appellant. No. 67,963Court of Appeals of Kansas Opinion filed December 4, 1992 SYLLABUS BY THE COURT 1. INSURANCE — Motor Vehicle Insurance — Subrogation — Assignment Rights of PIP Insurance Carrier — Recovery of Damages Duplicative of […]

564 P.2d 486 MARY SPRAGUE, Administrator, Appellant, v. MARVIN COPENBARGER, Executor, Appellee. No. 48,160Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Claim of Surviving Partner — Time for Filing Demand Not Extended beyond Nonclaim Statute. The contention of a surviving partner that he held an […]

573 P.2d 1099 IN THE MATTER OF THE APPLICATION OF JOE PENNINGTON FOR A WRIT OF HABEAS CORPUS, JOE PENNINGTON, Plaintiff, v. F.T. JIM CHAFFEE, Sheriff of Shawnee County, Kansas, Respondent. No. 49,660Court of Appeals of Kansas Opinion filed December 1, 1977 Petition for review granted January 20, 1978. SYLLABUS BY THE COURT 1. CONSTITUTIONAL […]

827 P.2d 12 REX A. SHARP, KERRY McQUEEN, JAMES H. MORAIN, and DANIEL H. DIEPENBROCK, as individuals; NEUBAUER, SHARP, McQUEEN, DREILING MORAIN, P.A., as a firm; and all OTHER LAWYERS AS A CLASS REQUIRED BY THE STATE OF KANSAS TO REPRESENT KANSAS INDIGENT CRIMINAL DEFENDANTS, Appellants, v. THE STATE OF KANSAS, Appellee. No. 66,282Supreme Court […]

233 P.2d 520 DONALD F. BIERCE, Appellee, v. MARY AGNES HANSON, Formerly Mary Agnes Bierce, Appellant. No. 38,318Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT 1. DIVORCE — Custody — Award. Ordinarily, absent a finding of unfitness, the custody of a child of tender years is properly awarded to the […]

533 P.2d 1298 WILLIAM E. ZELL, Appellant, v. MARY M. LUTHY, Appellee. No. 47,586Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT AUTOMOBILES — Instruction on Sudden Emergency — Not Prejudicial — Verdict Not Contrary to the Evidence. In an action for damages arising out of a rear end automobile collision, […]

138 P.3d 1262 STATE OF KANSAS, Appellee, v. RAY STEVENS, Appellant. No. 94,187.Court of Appeals of Kansas. Opinion filed July 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Driving under Influence — Breath Test — Admissibility of Deficient Sample. In a prosecution for driving under the influence of alcohol in violation of subsection (a)(3) […]

357 P.2d 824 JEROLD W. FOLEY and COMMERCE ACCEPTANCE OF ATCHISON, INC., a Corporation, Appellees, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant. No. 41,919Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT INSURANCE — Flood Damage — Verdict — Evidence — Attorney Fees. The record in an action to recover the cash […]

379 P.2d 217 ELTON TAYLOR, Appellant, v. CENTEX CONSTRUCTION COMPANY, INC., and UNITED STATES FIDELITY GUARANTY COMPANY, Appellees. No. 43,254Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Injuries Received While Returning From Doctor’s Office — Selecting Route — Injuries Arose Out of and in Course of Employment. […]

31 P.3d 255 GEORGE SMITH, Individually, and on Behalf of a Class Composed of all Oil and Gas Royalty Owners Whose Royalty Payments for Natural Gas were Reduced on a per MMBTU Basis Due to Renegotiation, Amendment to or Termination of the Gas Purchase Contract[s] between Amoco Production Company and Williams Natural Gas after the […]

523 P.2d 348 STATE OF KANSAS, Appellee, v. DeWAYNE MURRELL, Appellant. No. 47,187Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Robbery — Misconduct of Prosecutor Not Shown. The record is examined in an action wherein the defendant was convicted of aggravated robbery and for reasons appearing […]

558 P.2d 133 JOHN H. SCHIERENBERG, JR., Appellant, v. ORAL HODGES AND THE FIRST NATIONAL BANK OF OSWEGO, KANSAS, Appellees. No. 48,172Supreme Court of Kansas Opinion filed December 11, 1976. MEMORANDUM OPINION JOINT BANK ACCOUNTS — Transfer of Funds — Summary Judgment. Appeal from Labette district court, division No. 3; HAL HYLER, judge. Opinion filed […]

975 P.2d 1204 STATE OF KANSAS, Appellant, v. LARRY E. COCKERHAM, Appellee. No. 80,259Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Credit Granted on Defendant’s Earlier Kansas Sentence for Time Served on Subsequent Out-of-State Conviction — Not Modification of Kansas Sentence. On a question reserved […]

538 P.2d 722 STATE OF KANSAS, Appellee, v. GEORGE LEE SZOPENSKE, Appellant. No. 47,442Supreme Court of Kansas Opinion filed July 17, 1975. MEMORANDUM OPINION CRIMINAL LAW — Failure to Abide by Plea Bargain Agreement — Sufficiency of Evidence. Appeal from Leavenworth district court, division No. 1; KENNETH HARMON, judge. Opinion filed July 17, 1975. Affirmed. […]

32 P.3d 1128 IN THE MATTER OF THE MARRIAGE OF JANEE MARIE COMLEY, f/k/a JANEE MARIE PHILLIPS, Appellee, and BILL RAY PHILLIPS, Respondent. TRIPLETT, WOOLF GARRETSON, LLC, Appellant. No. 85,191Supreme Court of Kansas Opinion filed: October 19, 2001. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a […]

451 P.2d 199 STATE OF KANSAS, Appellee, v. DONALD EUGENE CIPPOLA, Appellant. No. 45,240Supreme Court of Kansas Opinion filed March 8, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Grand Larceny — Misconduct of County Attorney — Rulings. In a prosecution for grand larceny in which the defendant was found guilty by a jury, the […]

104 P.3d 1007 J.M. BLOOM, Appellee, v. CITY OF OAKLEY, KANSAS, Appellant. No. 92,305.Court of Appeals of Kansas. Opinion filed January 28, 2005. Petition for review denied 279 Kan. 1005 (2005). SYLLABUS BY THE COURT1. CITIES AND MUNICIPALITIES — Special Assessments — Statutory Authority. The power of a municipality to create special benefit or improvement […]

731 P.2d 244 In the Matter of JAMES M. BICKNELL, Respondent. Bar Docket No. 09070Supreme Court of Kansas January 16, 1987 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. This original proceeding in discipline was filed November 5, 1986, by Bruce E. Miller, disciplinary administrator, against James M. Bicknell, of Des Moines, […]

942 P.2d 7 STATE OF KANSAS, Appellee, v. TRAVIS W. BOWEN, Appellant. No. 76,069Supreme Court of Kansas Opinion filed July 11, 1997 SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Burgulary — Felonious Intent — Evidence Sufficient to Support Felonious Intent of Aggravated Assault but Not for Possession of Methamphetamine. In an appeal in a […]

159 P.3d 209 STATE OF KANSAS, Appellee, v. KEVIN BURTON, Appellant. No. 95,970.Court of Appeals of Kansas. Opinion filed June 8, 2007. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Suppression of Evidence — State’s Burden to Show lawfulness of Search — Appellate Review of Motion to Suppress When Case Submitted on Stipulated Facts. The […]

905 P.2d 657 State of Kansas, Appellee, v. DALE M.L. DENNEY, Appellant. No. 72,139Supreme Court of Kansas Opinion filed October 27, 1995. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. The interpretation of a statute is a question of law, upon which an appellate court’s review is unlimited. 2. CRIMINAL LAW — […]

520 P.2d 1325 JOHN L. Le VIER, Appellant, v. STATE OF KANSAS, Appellee. No. 46,821Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Classification of Offense. As a general rule the designation of the grade or classification to be given an offense is a function of the […]

394 P.2d 59 In the Matter of the Estate of Mabel May Curtis, a/k/a May Curtis, Deceased. DERWARD O. LAWSON, Claimant-Appellant, v. CHARLES H. BURLINGAME, Administrator, Appellee. No. 43,732Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT CONTRACTS — Oral Contract to Devise — Forbearance as Consideration — Nature of Evidence […]

911 P.2d 159 STATE OF KANSAS, Appellant, v. MICHAEL L. RODERICK, Appellee. Nos. 72,891, 72,892, 72,893Supreme Court of Kansas Opinion filed January 26, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State on Question Reserved. An appeal on a question reserved under K.S.A. 1994 Supp. 22-3602(b)(3) is permitted to provide an answer […]

48 P.3d 694Court of Appeals of Kansas June 14, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW State v. Staggs….. 86001 Sedgwick 06/14/2002 Affirmed State v. Huff……. 86226 Leavenworth 06/14/2002 Dismissed State v. Bradley…. 86449 Mitchell 06/14/2002 Affirmed State v. Race……. 86613 Reno 06/14/2002 Affirmed State v. Booher….. 86738 Sedgwick 06/14/2002 Affirmed State v. McAfee….. […]

589 P.2d 634 STATE OF KANSAS, Appellee, v. CHARLES DILL, Appellant. No. 50,066Court of Appeals of Kansas Opinion filed January 19, 1979 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Acquittal Motion — What Trial Judge Must Determine. In passing on a motion for acquittal, a trial judge must determine whether a reasonable mind might […]

83 P.3d 169 STATE OF KANSAS, Appellee, v. JOSEPH RICHARD RIVERA, Appellant. No. 86,420.Supreme Court of Kansas. January 30, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Preliminary Hearing — Statutory 10-day Period between Arrest and Preliminary Hearing — Speedy Trial Consideration When Statutory Period Not Met. Instead of dismissing criminal charges when the 10-day […]

176 P.3d 174 In the Matter of AMY R. MITCHELL, Respondent. No. 94,803.Supreme Court of Kansas. Opinion filed December 9, 2005. ORDERATTORNEY AND CLIENT — Disciplinary Proceeding — Discharge from Probation. On December 9, 2005, the court ordered that the respondent, Amy R. Mitchell, be suspended from the practice of law in the state of […]

713 P.2d 957 MICHELLE R. WEST, Appellant, v. TODD R. MARTIN, Appellee. No. 57,191Court of Appeals of Kansas Opinion filed January 30, 1986 Petition for review denied 239 Kan. 695. SYLLABUS BY THE COURT 1. TRIAL — Witness Not Properly Identified Prior to Trial — Exchange of Testimony. A trial judge has discretion to exclude […]

975 P.2d 231 ASSOCIATED WHOLESALE GROCERS, INC., et al., Appellees, v. AMERICOLD CORPORATION, et al., Defendants, and NORTHWESTERN PACIFIC INDEMNITY COMPANY, Appellant. No. 80,786Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT ATTORNEY AND CLIENT — Conflict of Interest — Disqualification — Implied Attorney-Client Relationship Examined. In a case involving the […]

825 P.2d 147 STATE OF KANSAS, Appellee, v. SCOTT CHISHOLM, Appellant. No. 66,123Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Confrontation Clause — Criminal Defendant’s Right to Confront Witness at Trial. The right to confrontation under the Kansas and United States Constitutions includes the right of […]

188 P.3d 959 STATE OF KANSAS, Appellee, v. ANTONE J. SCOVILLE, Appellant. No. 96,405.Supreme Court of Kansas. Opinion filed August 1, 2008. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Criminal Appeal Filed Out of Time — When Permitted. Under the holdings in State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982), and State v. […]

729 P.2d 1146 STATE OF KANSAS, Appellee, v. DONALD E. HICKS and WALTER COLLINS, JR., Appellants. No. 58,575Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT 1. EVIDENCE — Discrediting a Witness — Admissibility of Evidence of Witness’ Mental Disability, Incompetency, or Insanity. Evidence of mental disability, incompetency, or insanity of […]

162 P.3d 808 NATHANIEL L. SWENSON, Appellant, v. STATE OF KANSAS, Appellee. No. 94,207.[1] Supreme Court of Kansas. Opinion filed July 27, 2007. [1] BEPOBTEB’S NOTE: Opinion modified on October 15, 2007. See 284 Kan. 931, 169 P.3d 298. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Criminal Defendant’s Counsel’s Filing Petition for Review 31 Days […]

673 P.2d 1140 STATE OF KANSAS, Appellee, v. JAMES EUGENE TAYLOR, Appellant. No. 55,296Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Change of Venue — Proof of Prejudice Required to Be Shown by Defendant. When a change of venue is requested it is incumbent upon the […]

485 P.2d 336 STATE OF KANSAS, Appellee, v. VERA IRENE PHIPPEN, Appellant. No. 45,888Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecuting Attorney — No Cause of Action Required in Opening Statement. In the trial of a criminal action the provisions of K.S.A. 62-1438 do not […]

4 P.3d 1178 STATE OF KANSAS, Appellee, v. ROBERT W. WELLBORN, Appellant. No. 82,309Court of Appeals of Kansas Opinion filed April 28, 2000. Petition for review denied 269 Kan. 940 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiple Acts Case. In a multiple acts case, the jury must unanimously agree upon the underlying […]

188 P.3d 32 IN THE MATTER OF THE MARRIAGE OF JAMIE LYNN ORMISTON, now MCCABE, Appellant, and ALVIN F. ORMISTON, JR., Appellee. No. 98,554.Court of Appeals of Kansas. Opinion filed: July 18, 2008. SYLLABUS BY THE COURT1. DIVORCE — Child Support — Child Support Guidelines — “Income” Construed as Used in Guidelines. The term income […]

668 P.2d 193 CHARLES F. WARNER, PERSONAL REPRESENTATIVE OF THE ESTATE OF ERNA A. WARNER, DECEASED, Appellee, v. CHARLES M. WARNER, Appellant. No. 54,722Court of Appeals of Kansas Opinion filed August 18, 1983 SYLLABUS BY THE COURT 1. JUDGMENTS — Foreign Judgment — Registration — Statute of Limitations. Registration is a simplified alternative to bringing […]

397 P.2d 385 JESSEE DARNELL TRUCK SERVICE of Great Bend, Kansas; MARMAC OIL FIELD TRUCKING of El Dorado, Kansas; KOPFMAN TRUCKING COMPANY of Chase, Kansas; ESFELT TRUCKING INC., of Great Bend, Kansas; H.J. JEFFRIES TRUCK LINE of Oklahoma City, Oklahoma; PHIL WAGNER TRUCK SERVICE of Great Bend, Kansas; RANEY TRUCK SERVICE of Cunningham, Kansas; A.C. […]

434 P.2d 320 VERNER T. TUCKER, Appellee, v. JACK LOWER and NANCY LOWER, Defendants, NANCY LOWER, Appellant. No. 45,015Supreme Court of Kansas Opinion filed November 27, 1967. SYLLABUS BY THE COURT 1. EVIDENCE — Admissibility of a Conviction — Dishonesty or False Statement. The provisions of K.S.A. 60-421 are construed and under this statute the […]

985 P.2d 707 DANIAL C. BATTRICK, et al., Appellants, v. STATE OF KANSAS, et al., Appellees. No. 80,337Supreme Court of Kansas Opinion Filed May 28, 1999. SYLLABUS BY THE COURT HABEAS CORPUS — Disciplinary Action — 30-day Limitation for Filing Habeas Corpus Petition — Constitutionality of Statute of Limitations. In three consolidated K.S.A. 1998 Supp. […]

983 P.2d 265 INVESTCORP, L.P., et al., Appellants, v. SIMPSON INVESTMENT COMPANY, L.C., Appellees. No. 80,804Supreme Court of Kansas Modified opinion filed October 29, 1999. MODIFICATION OF OPINION CORPORATIONS — Limited Liability Company — Operating Agreement Interpreted — Opinion Modified to Allow District Court Control Over Appointment of Dissolution Managers or a Receiver. Appeal from […]

353 P.2d 975 GLADYS CORNETT, Appellee, v. CITY OF NEODESHA, Appellant. No. 41,895Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Defective Sidewalk — Action in Behalf of Husband — Sufficiency of Claim. In an action to recover damages from the City of Neodesha for injuries sustained by […]

124 P.3d 1083 STATE v. MAZE. No. 93,355.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

747 P.2d 792 BONANZA, INC., Plaintiff/Appellee, v. E.A. McLEAN, Defendant/Appellant, v. JACK R. HUNT, CITY OF WICHITA, and SOUTHWEST NATIONAL BANK, Third-party Defendants/Appellees. No. 59,953Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. CONTRACTS — Lessee’s Action against Lessor for Declaratory Judgment and Breach of Contract. The record is examined […]