Category: Kansas Court Opinions

218 P.2d 181 GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation, Appellee, v. ARNOLD DAVIS, Appellant. No. 37,866Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT AUTOMOBILES — Conditional Sales Contract — Right of Purchaser Taking Certificate of Title — Negotiability. Gray, a dealer in used cars, purchased a motor vehicle from the […]

114 P.3d 190 STATE v. CUNNINGHAM. No. 92,516.Court of Appeals of Kansas. July 1, 2005. Appeal from the Geary. Decision without published opinion. Affirmed.

116 P.3d 55 STATE v. WAMMACK. No. 91,568.Court of Appeals of Kansas. July 29, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

542 P.2d 297 ROBERT L. PRATHER, Appellant, v. COLORADO OIL GAS CORP., Appellee. No. 47,745Supreme Court of Kansas Opinion filed November 8, 1975. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Sublessor Bound by Terms of Sublease. A sublessor is bound by the provisions of a sublease and cannot interfere with the sublease and […]

250 P.2d 789 In the Matter of the Trust Estate of THOMAS RICHMOND, Deceased (COMMERCIAL NATIONAL BANK OF KANSAS CITY, Trustee, Appellant, v. MAYME W. ARMSTRONG, Appellee.) No. 38,571Supreme Court of Kansas Opinion filed December 6, 1952. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Allowance of Fee — Evidence — Sufficiency. In an […]

349 P.2d 910 BERTIE B. GARDNER, Appellant, v. KENNETH F. MAE, Appellee, and BERTRAM GLADSTONE, Defendant. No. 41,736Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT DEPOSITIONS — Resident Witness Not a Party — Enjoining Taking of — Judicial Discretion. In an action to recover for personal injuries wherein the plaintiff, […]

117 P.3d 150 STATE v. BULMER. No. 93,170.Court of Appeals of Kansas. August 12, 2005. Appeal from Franklin. Decision without published opinion. Affirmed.

83 P.3d 800 DARLA J. BECK, Claimant/Appellee, v. MCI BUSINESS SERVICES, INC., Respondent/Appellant, and ZURICH INSURANCE COMPANY, Insurance Carrier/Appellant. No. 89,139.[1] Court of Appeals of Kansas. Opinion filed March 14, 2003. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2002 Kan. Ct. […]

619 P.2d 1169 EDWARD J. ROITZ, Appellee, v. RANDY T. BROOKS, Appellant. No. 51,048Court of Appeals of Kansas Opinion filed November 21, 1980 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Judgment Notwithstanding the Verdict — Prior Directed Verdict Motion Required. A trial court may not entertain a motion for judgment notwithstanding the verdict, pursuant […]

191 P.3d 256 STATE OF KANSAS, Appellee, v. MARCY FAITH CARAPEZZA, Appellant. No. 95,233.Supreme Court of Kansas. Opinion filed August 22, 2008. SYLLABUS OF THE COURT1. APPEAL AND ERROR — Admission of Evidence — Relevance — Appellate Review. In considering a challenge to the admission of evidence, the court must first determine whether the evidence […]

479 P.2d 900 THOMPSON-KILGARIFF GENERAL INSURANCE AGENCY, INC., Plaintiff Appellee, v. MARTIN HASKELL and ROBERT HASKELL, A Partnership d/b/a HASKELL HASKELL, Defendants Appellees, and JAMES FEASTER d/b/a FEASTER TRUCK COMPANY OF DODGE CITY, KANSAS, Garnishee Appellant. No. 45,861Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. WRIT OF PROCESS — […]

668 P.2d 183 NORMA J. WADE, Appellee, v. FORD MOTOR CREDIT COMPANY, Appellant. No. 54,573Court of Appeals of Kansas Opinion filed August 11, 1983 Petition for review denied October 3, 1983. SYLLABUS BY THE COURT 1. CREDITOR’S RIGHTS — Self-help Repossession — Debtor’s Consent Not Required. Self-help repossession, pursuant to the provisions of K.S.A. 16a-5-112 […]

102 P.3d 1 IN RE B.B.M. No. 91,959.Court of Appeals of Kansas December 17, 2004. Appeal from the Johnson. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

71 P.3d 1164 CLIFFORD D. PRICE, Appellant, v. CHARLES E. SIMMONS, et al., Appellees. No. 88,580.Court of Appeals of Kansas. Opinion filed November 27, 2002. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law over which an appellate court’s review is unlimited. 2. CRIMINAL LAW […]

403 P.2d 1019 THE WHEAT STATE TELEPHONE COMPANY, INC., and STOCKHOLDERS OF DeSOTO MUTUAL TELEPHONE COMPANY, Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; WILLIAM L. MITCHELL, as Chairman; JOHN C. WOELK, as Commissioner; HARRY G. WILES, as Commissioner, and Their Respective Successors in Office, Appellees. No. 44,145Supreme Court of Kansas Opinion […]

79 P.3d 1074 STEVEN D. KESTERSON, Appellee, v. STATE OF KANSAS, et al., Appellants. No. 90,368.Supreme Court of Kansas. Opinion filed November 21, 2003. SYLLABUS BY THE COURT1. PENAL INSTITUTIONS — Good Time Credits — Regulations Awarding Credits at Time of Inmate’s Crime Cannot Subsequently Be Taken Away without Violating Defendant’s Constitutional Rights. The version […]

106 P.3d 515 STORY v. ARAMARK UNIFORM SERVICES. No. 92,170.Court of Appeals of Kansas February 25, 2005. Appeal from the Workers Compensation Board. Decision without published opinion. Affirmed.

710 P.2d 1320 STATE OF KANSAS, Appellee, v. DEVIN T. GALLOWAY, Appellant. No. 58,068Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lesser Included Offense — Jury Instruction — When Required. The duty of the trial court to instruct the jury on lesser crimes arises only when […]

461 P.2d 799 STATE OF KANSAS, Appellee, v. BOBBY J. FABIAN, Appellant. No. 45,454Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Evidence of Other Offenses — Instruction. In a prosecution for grand larceny the record is examined and it is held, the trial court did not err […]

155 P.3d 1202 GARY CASNER, Appellant/Cross-appellee, v. STATE OF KANSAS, Appellee/Cross-appellant. Nos. 94,433 96,483.Court of Appeals of Kansas. Opinion filed April 20, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Appeal by State — Statutory Authority. K.S.A. 2006 Supp. 22-3602(b) specifically enumerates four instances, and no others, in which the State may appeal a district […]

186 P.3d 1216 STATE OF KANSAS, ex rel. SECRETARY, KANSAS STATE DEPARTMENT OF SOCIAL AND REHARILITATION SERVICES; Petitioner, and SHEEMA WILLIAMSON, the mother, and QUEEN MOSES, a minor child by and through SHEEMA WILLIAMSON, next friend, Appellants, v. DONALD MOSES, Appellee. No. 99,006.Court of Appeals of Kansas. Opinion filed July 11, 2008. SYLLABUS BY THE […]

968 P.2d 1114 In the Matter of the Marriage of ROXANNE LYNN WAGEMAN, Petitioner/Appellant, and JOSEPH ANTHONY WAGEMAN, Respondent. ROBERT S. JONES, Appellee. No. 78,218Court of Appeals of Kansas Opinion filed December 4, 1998. SYLLABUS BY THE COURT 1. ATTORNEY FEES — Attorney’s Lein against Settlement in Arrearage of Child Support Action. In an action […]

867 P.2d 281 RON R. WILCOX and NANCY JO WILCOX, Appellants, v. ISABELL GENTRY, JAMES F. JARVIS, Trustee, Frank Gentry Trust, Appellees. No. 68,401Supreme Court of Kansas Opinion filed January 21, 1994. SYLLABUS BY THE COURT TRUSTS — Discretionary Trust — Garnishment by Creditors of Beneficiary against Trustee. In a garnishment action by creditors of […]

551 P.2d 1255 STATE OF KANSAS, Appellant, v. CLIFTON F. ROLFE, Appellee. No. 47,944Supreme Court of Kansas Opinion filed June 12, 1976. Appeal from Sedgwick district court, division No. 6; ROBERT T. STEPHAN, judge. Opinion filed June 12, 1976. Stephen M. Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and […]

590 P.2d 1038 In the Matter of the Estate of Robert P. Girndt, Deceased. No. 49,308Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. PERSONAL PROPERTY — Intangibles — Joint Tenancy Ownership. Ownership of and title to intangible personal property, as well as other personal and real property, may be […]

125 P.3d 1090 CROOKS v. STATE. No. 93,759.Court of Appeals of Kansas. January 13, 2006. Appeal from Butler. Decision without published opinion. Affirmed.

730 P.2d 360 JOHN J. MUNKERS, Appellant, v. PETER C. POMERENKE and FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, INC., Appellees. No. 59,040Court of Appeals of Kansas Opinion filed December 24, 1986 SYLLABUS BY THE COURT JUDGMENTS — Summary Judgment — Ruling on Motion — Strict Compliance with Supreme Court Rule 141. Absent a response by the […]

424 P.2d 576 ORVILLE CLYDE BROWN, Appellant, v. STATE OF KANSAS, Appellee. No. 44,642Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Habitual Criminal Act — Necessary Requirements. When the provisions of the habitual criminal statute (K.S.A. 21-107a) are to be invoked, the requirements of due process […]

430 P.2d 228 STEWART PAUL, Appellant, v. TOPEKA TOWNSHIP SEWAGE DISTRICT No. 2, SHAWNEE COUNTY, KANSAS, ET AL., Appellee. No. 44,770Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. TOWNSHIPS — Character of Sewage District — Authority. A township sewage district is a quasi-municipal corporation and has only such power […]

699 P.2d 51 STATE OF KANSAS, Appellant, v. ROBERT D. CORBY, Appellee. No. 57,341Supreme Court of Kansas Opinion filed May 10, 1985. SYLLABUS BY THE COURT CRIMINAL LAW — Continuance Requested by State to Secure Attendance of Primary Witness at Trial — Denial of Continuance Was Abuse of Trial Court Discretion. In a criminal prosecution, […]

779 P.2d 878 In the Matter of the Marriage of ROLAND DEAN SAILSBURY, Appellee, and DANA JO SAILSBURY, Appellant. No. 63,294Court of Appeals of Kansas Opinion filed September 15, 1989 SYLLABUS BY THE COURT BANKRUPTCY — Dischargeable Debt — Determination of Whether Ordered Obligation in Divorce Decree Is Nondischargeable in Bankruptcy — District Court Has […]

629 P.2d 752 MELLIE B. JENSEN, Executrix of the Estate of K.R. Jensen, Sr., MELLIE B. JENSEN, EFFIE JO WADE, BERNARD L. WADE, K.R. JENSEN, JR., a/k/a KRESTEN RAY JENSEN, Plaintiffs-Appellees, v. SOUTHWESTERN STATES MANAGEMENT CO., and MISSOURI-KANSAS-TEXAS RAILROAD CO., Defendants-Appellants. No. 52,064Court of Appeals of Kansas Opinion filed June 12, 1981 Petition for review […]

226 P.2d 854 BOWERSOCK MILLS AND POWER COMPANY, Appellee v. L.E. LEATHEROCK, D.S. JACKMAN, R.W. MAGILL, THE KANSAS MILLING COMPANY, and THE LAWRENCE MILLING COMPANY, Appellants. No. 38,114Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT LANDLORD AND TENANT — Leases — Oral Agreement — Consideration — Ratification. The record in […]

271 P.2d 253 JAMES J. BRENNAN, III, by JAMES J. BRENNAN, JR., His Father and Next Friend, Appellant, v. KAW CONSTRUCTION COMPANY, INC., a Corporation, and CHARLES E. HALE and JULIUS E. WERLE, a Partnership, doing business as Hale Werle Roofing and Siding Co., Appellees. No. 39,375Supreme Court of Kansas Opinion filed June 12, 1954. […]

707 P.2d 1076 In the Matter of EDWARD S. DUNN, Petitioner. No. 49,277Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Reinstatement of Attorney Whose License Had Been Suspended — Factors to Consider. Factors to be considered in determining whether a former attorney should be readmitted […]

479 P.2d 811 STATE OF KANSAS, Appellee, v. LLOYD H. WADE, Appellant. No. 45,780Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Evidence in Plain View — Admissibility. Evidence introduced at trial was not illegally seized after being discovered lying on the front seat of a […]

542 P.2d 332 MARTHA A. BROWN, Appellant, v. RONALD B. BROWN, Appellee. No. 47,687Supreme Court of Kansas Opinion filed November 8, 1975. SYLLABUS BY THE COURT 1. COURTS — Appellate Jurisdiction. Appellate jurisdiction is conferred by statute and in the absence of compliance with statutory rules an appeal should be dismissed. 2. JUDGMENTS — Entry […]

58 P.3d 758Court of Appeals of Kansas November 27, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Glaze 88009 Seward 11/27/2002 Affirmed 88167 State v. Card 88184 Cherokee 11/27/2002 Affirmed in 88185 part, reversed in part, and remanded Ponder-Coppage v. 88501 Workers 11/27/2002 Affirmed State Compensation Board Hamrick v. Arabian 88540 […]

502 P.2d 721 CHARLES L. PIERSON, Appellee, v. STATE OF KANSAS, Appellant. No. 46,578Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Accused Cannot Be Deprived of Right. The granting of a speedy trial by section 10 of our Bill of Rights and as […]

545 P.2d 183 STATE OF KANSAS, Appellee, v. HARRY BENTLEY, Appellant. No. 47,844Supreme Court of Kansas Opinion filed January 24, 1976. MEMORANDUM OPINION Appeal from Shawnee district court, division No. 5; KAY McFARLAND, judge. Opinion filed January 24, 1976. Affirmed. Charles E. Worden, of Topeka, was on the brief for the appellant. Curt T. Schneider, […]

592 P.2d 469 DAVID G. McCALL, Plaintiff, v. JUDY K. McCALL, Defendant-Appellant, and PAUL LEWIS, d/b/a PAUL LEWIS DRY-WALL CONTRACTOR, Garnishee-Defendant, Appellee. No. 49,796Court of Appeals of Kansas Opinion filed December 29, 1978 SYLLABUS BY THE COURT CIVIL PROCEDURE — Service of Process — Personal Service Discussed. Service of process on an individual “by leaving […]

948 P.2d 684 STATE OF KANSAS, Appellee, v. KELVIN M. CAMPBELL, Appellant. No. 76,370Court of Appeals of Kansas Opinion filed November 21, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Automobile Stop — Probable Cause. The stopping of a suspect under K.S.A. 22-2402 requires that a police officer must have a reasonable and articulable […]

41 P.3d 281 STATE OF KANSAS, Appellant, v. DONATO L. STOUGH, Appellee. No. 87,079Supreme Court of Kansas Opinion filed: March 8, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty or Nolo Contendere Plea — Withdrawal of Plea after Sentencing. A trial court has jurisdiction at any time after a sentence is imposed to […]

724 P.2d 143 DAVID N. ALLEN, Appellant, v. TOM MILLS, d/b/a F M BOX COMPANY, Appellee. No. 58,192Court of Appeals of Kansas Opinion filed August 21, 1986 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment. K.S.A. 60-256 provides a remedy only upon a showing that movant is entitled to judgment as a matter of […]

995 P.2d 912 JOSEPH A. NOLL AND SHIRLEY J. NOLL, SURVIVING FATHER AND MOTHER OF ANTHONY C. NOLL, DECEASED, AND THE ESTATE OF ANTHONY C. NOLL, DECEASED, Appellees/Cross-Appellants, v. DEBORAH BURNS, D.O., CYNTHIA TAYLOR, R.N., AND MARY McDANIEL, R.N., Appellants/Cross-Appellees. No. 80,086Court of Appeals of Kansas Opinion filed: January 21, 2000. SYLLABUS BY THE COURT […]

664 P.2d 1343 STATE OF KANSAS, Appellee, v. ROBERT G. GARCIA, Appellant. No. 54,517Supreme Court of Kansas Opinion filed June 10, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Gruesome Photographs — Admissibility. The rules relating to the admission of photographs in a criminal prosecution are stated and applied. 2. SAME — Defendant’s Right […]

985 P.2d 723 THOMAS R. SCHAEFER and LISA ANN SCHAEFER, Plaintiffs, v. HORIZON BUILDING CORPORATION, Third-Party Plaintiff/Appellant, v. THE HOLLAND CORPORATION, INC., Third-Party Defendant/Appellee, and CAMPBELL, BARBER, LAMBETH ASSOCIATES, P.A., Third-Party Defendant. No. 80,803Court of Appeals of Kansas Opinion Filed August 20, 1999. SYLLABUS BY THE COURT 1. EQUITY — Comparative Implied Indemnity — Remedy […]

179 P.3d 1145 STATE OF KANSAS, Appellee, v. JACKIE R. POULTON, Appellant. No. 95,353.Supreme Court of Kansas. Opinion filed April 4, 2008. SYLLABUS OF THE COURT1. APPEAL AND ERROR — Appellate Courts Generally May Not Review Issues Not Brought before Trial Court — Exceptions. Appellate courts can consider issues on appeal in the following circumstances: […]

516 P.2d 999 UNION NATIONAL BANK AND TRUST CO., Manhattan, Kansas, Appellant, v. STEVENS B. ACKER and GLENNA ANN ACKER, Appellees. No. 47,052Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. TRIAL — Motion for Involuntary Dismissal — Power of Trial Court to Evaluate Evidence. Where a motion for involuntary […]

22 P.3d 600 GT, KANSAS, L.L.C., Appellee, v. RILEY COUNTY REGISTER OF DEEDS, Appellant. No. 83,692Supreme Court of Kansas Opinion filed: April 27, 2001. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Petition for Review of Court of Appeals’ Decision — Issues before Supreme Court. When considering a petition for review where the review is […]

941 P.2d 369 CITY OF OVERLAND PARK, KANSAS, Appellant, v. STEVEN D. POVIRK, Appellee. No. 77,566Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State — When Appeal Is Entertained. An appeal on a question reserved by the prosecution will not be entertained merely to […]

839 P.2d 1253 EVA HAVENS, Appellee, v. BOARD OF ADULT CARE HOME ADMINISTRATORS, Appellant. No. 68,117Court of Appeals of Kansas Opinion filed October 23, 1992 Petition for review denied 252 Kan. ___ (December 23, 1992). SYLLABUS BY THE COURT 1. ADULT CARE HOMES — Board of Adult Care Home Administrators — Authority of Board to […]

147 P.3d 869 WILLIE McINTOSH, Appellant, v. SEDGWICK COUNTY, Appellee. No. 93,762.Supreme Court of Kansas. Opinion filed December 8, 2006. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Statutory Interpretation of Workers Compensation Act — Workers Compensation Board’s Interpretation Not Conclusive — Appellate Review. The interpretation of statutory provisions in the Workers Compensation Act is a […]

836 P.2d 1142 RESOLUTION TRUST CORPORATION, Receiver for Anchor Federal Savings and Loan Association, Appellee, v. EDWARD O. BOPP, Defendant, and HAZEL WELLS SHARP, et al., Appellants. No. 67,159Supreme Court of Kansas Opinion filed July 10, 1992. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Statutory Right to Appeal — Jurisdiction of Appellate Court. The […]

363 P.2d 422 In the Matter of the Estate of Doris I. Paulson, Deceased. (KATHERINE BREEN and KATHERINE BREEN, as Executrix of the Estate of Doris I. Paulson, Deceased, Appellees, v. W. CARL PAULSON and WILLIAM CARL PAULSON, as Executor of the Estate of William I. Paulson, Deceased, Appellants.) No. 41,997Supreme Court of Kansas Opinion […]

216 P.2d 812 JACK MARSHALL, Appellant, v. (L.F. BARDIN and JOSEPH SLAGER, doing business as Central Airpart Company and Central Airparts, Inc., Defendants). RAY ANDERSON (Interpleader), Appellee. No. 37,780Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT ATTACHMENT — Action Involving Title to Airplane — Sufficiency of Evidence. The record in […]

125 P.3d 1089 STATE v. SUDDUTH. No. 93,633.Court of Appeals of Kansas. January 13, 2006. Appeal from Douglas. Decision without published opinion. Affirmed.

908 P.2d 597 STATE OF KANSAS, Appellee, v. MICHAEL S. HAYES, Appellant. No. 72,074Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. TRIAL — Voir Dire. The purpose of the voir dire examination of prospective jurors is to enable the parties to select competent jurors who are without bias, prejudice, […]

910 P.2d 868 STATE OF KANSAS, Appellee, v. MERLE E. WALKER, Appellant. No. 72,346Court of Appeals of Kansas Opinion filed February 2, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Clearly Erroneous Standard of Appellate Review. An instruction is clearly erroneous if the reviewing court reaches a firm conviction that if […]

26 P.3d 1245 In the Matter of MEGAN J. CRAMER, Respondent. No. 86,609Supreme Court of Kansas Opinion filed: July 13, 2001. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment Original proceeding in discipline. Opinion filed July 13, 2001. Disbarment. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the […]

505 P.2d 690 IVORY RICHARDSON, Appellee, v. JUDY K. RICHARDSON, Appellant. No. 46,702Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION PARENT AND CHILD — Motion for Change of Custody — Interest of Child Paramount — Judicial Discretion. Appeal from Wyandotte district court, division No. 2; WILLIAM J. BURNS, judge. Opinion filed January […]

694 P.2d 455 IN RE: APPEAL OF THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Appellant, v. Ev. LUTHERAN GOOD SAMARITAN SOCIETY-GOOD SAMARITAN TOWERS, Appellee. No. 56,668Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT 1. TAXATION — Exemption from Ad Valorem Taxes […]

378 P.2d 11 STATE OF KANSAS, Appellee, v. LANGDON WOODS CHANCE, Appellant. No. 42,759Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT 1. HABEAS CORPUS — No Right to Free Transcript. G.S. 1961 Supp., 62-1304, is construed, and it is held: The district court is not required to order the county […]

407 P.2d 528 ROBERT L. GOODWIN, Appellant, v. THE STATE OF KANSAS, Appellee. No. 44,073Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Arraignment. The term arraignment refers in general to the first step in the progress of a trial wherein the accused is called to the […]

190 P.3d 207 STATE OF KANSAS, Appellee, v. RANDY J. JOHNSON, Appellant. No. 96,681.Supreme Court of Kansas. Opinion filed August 1, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Discovery — Violation of Discovery Orders — Sanctions. K.S.A. 22-3212(g) authorizes a broad array of sanctions for violations of discovery orders in criminal cases, including permitting […]

269 P.2d 469 LEONARD F. TRAPP, Appellee, v. STANDARD OIL COMPANY, a Corporation, THOMAS PARKER, SR., and ORVAL POWELL, Appellants, et al. No. 39,203Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. PROXIMATE CAUSE — Spilling and Igniting of Gasoline — Related Causes. A petition alleged that three defendants negligently […]

402 P.2d 753 HAROLD F. CROWTHER, Administrator c.t.a. of the Catherine M. Baird Estate, No. 9567, Appellant, v. R.A. Baird, a/k/a Richard A. Baird; NORMAN L. FAVORS, as Executor of the will of R.A. Baird, a/k/a Richard A. Baird; JAMES P. MIZE, Trustee for R.A. Baird, a/k/a Richard A. Baird; JAMES P. MIZE, Trustee; NORMAN […]

396 P.2d 271 HUDSON OIL COMPANY OF MISSOURI, INC.; MARY VANDEGRIFT; and F.B. VANDEGRIFT, Appellees and Cross-Appellants, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation; BOARD OF CITY COMMISSIONERS OF CITY OF WICHITA, KANSAS; CARL A. BELL, Mayor and City Commissioners of the City of Wichita, Kansas; HERBERT P. LINDSLEY, LEVI B. RYMPH, GERALD […]

233 P.2d 747 ALBERT C. HOLTHAUS and IRENE E. HOLTHAUS, Appellees, v. SAM MUNSEL, PETE BIERI, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Corporation, Appellants. No. 38,382Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Validity of Statute. G.S. 1949, 60-3203, is not void for the […]

205 P.3d 688 KARL P. WINKEL, SR., AND KAREN S. WINKEL, TRUSTEES OF THE KARL P. WINKEL, SR. TRUST NO. 1, DATED JULY 1, 2004, et al., Appellants, v. DEBRA L. MILLER, SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS, Appellee. No. 99,768.Supreme Court of Kansas. Opinion filed March 27, 2009. SYLLABUS BY THE COURT1. […]

66 P.3d 884 In the Matter of M. STEVEN WAGLE, Respondent. No. 89,104.Supreme Court of Kansas Opinion filed April 18, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed April 18, 2003. One-year suspension. Franklin D. Diehl, deputy disciplinary administrator, argued the cause, and Stanton A. Hazlett, disciplinary […]

375 P.2d 771 CHESTER A. FISHER, Appellant, v. RHOADES CONSTRUCTION COMPANY, INC. (a Self Insurer), Appellee. No. 43,005Supreme Court of Kansas Opinion denying a rehearing filed December 19, 1962. OPINION DENYING A REHEARING Appeal from Geary district court; WALTER G. HEMBROW, judge. Opinion denying a rehearing filed December 19, 1962. (For original opinion of affirmance […]

347 P.2d 353 GORDON W. TIBBETT, Appellant, v. TRACY A. HAND, Warden of the Kansas State Penitentiary, Appellee. No. 41,613Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT HABEAS CORPUS — Appointing Counsel — Compliance With Jurisdictional Requirements — Uncorroborated Statements — Failure of Reporter to Make Record. Following Goetz v. […]

36 P.3d 859 STATE OF KANSAS, Appellee, v. VAN R. WILLIAMS, Appellant. No. 86,172Court of Appeals of Kansas Opinion filed: December 21, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Probation Revocation — Postrelease Supervision Not Available When Probationer Fulfills Underlying Sentence. Under K.S.A. 2000 Supp. 22-3716(e), postrelease supervision is not be be imposed when […]

215 P.2d 653 ARTHUR S. STEVENS, Appellant, v. SCHUYLER JONES, JR., Appellee. No. 37,677Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT AUTOMOBILES — Action for Damages — Verdict and Findings — Ruling of Trial Court. The record in an action for damages for personal injuries sustained in a collision between […]

697 P.2d 1276 DEWEY BARR AND VALERIE BARR, Husband and Wife, Plaintiffs-Appellants, v. TERMINIX INTERNATIONAL, INC., A Foreign Corporation, Defendant-Appellee. No. 56,811Supreme Court of Kansas Opinion filed April 5, 1985. SYLLABUS BY THE COURT 1. NEGLIGENCE — Corporation’s Liability for Negligence of Employee in Pesticide Application Business. A corporation which is engaged in business as […]

808 P.2d 896 MICHAEL E. KVASSAY, d/b/a Kvassay Exotic Foods, Appellant/Cross-Appellee, v. ALBERT MURRAY, et al., Appellees/Cross-Appellants. No. 64,973Court of Appeals of Kansas Opinion filed April 5, 1991 Petition for review denied 248 Kan. 996 (1991). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Liquidated Damages — Appellate Review. The question of the propriety […]

535 P.2d 1 STATE OF KANSAS, Appellee, v. JOHN H. TOWNSLEY, Appellant. No. 47,623Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Severance Offenses — Waiver — Separation of Witnesses. Defendant’s failure to move for severance of offenses prior to trial constitutes a waiver of any objection […]

597 P.2d 1117 STATE OF KANSAS, Appellant, v. RAYMOND D. BABCOCK, Appellee. No. 50,868Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Deduction of Time Spent in Confinement. K.S.A. 21-4614 requires that a defendant be given credit for “time spent in jail.” The credit so […]