Category: Kansas Court Opinions

363 P.2d 432 ETHEL E. FLEMING, Appellee and Cross-Appellant, v. NATIONAL CASH REGISTER COMPANY, a corporation, and THE TRAVELERS INSURANCE COMPANY, a corporation, Appellants. Nos. 42,391, 42,487, 42,511, ConsolidatedSupreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Procedure — Proceedings Before Commissioner — Jurisdiction of District Court […]

612 P.2d 180 STATE OF KANSAS, Plaintiff-Appellant, v. JACK LEROY FISH, Defendant-Appellee. No. 51,549Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT AUTOMOBILES — Driving While Intoxicated — Proof Required. In order for a person to be convicted of operating a motor vehicle while under the influence of intoxicating liquor as […]

846 P.2d 261 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF KANSAS CITY, Appellant, v. MIRIAM I. HYSTEN, Appellee. No. 68,267Court of Appeals of Kansas Opinion filed February 5, 1993 SYLLABUS BY THE COURT BANKRUPTCY — Chapter 13 Bankruptcy Plan — Confirmation of Plan by Court — Res Judicata Effect of Confirmation. Upon becoming final, an […]

243 P.2d 1027 J.R. SMITH, Appellee, v. THE FEDERAL LAND BANK OF WICHITA, a Corporation of Wichita, Kansas, Appellant. No. 38,643Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT ESTATES — Fee Tail — Construction of Limitation. In a conveyance of real estate after the descriptive words the deed contained the […]

908 P.2d 641 MACHELLE LYNN JACKSON, BY AND THROUGH HER NEXT FRIEND AND NATURAL GUARDIAN, DIANNE R. WARREN, Appellee, v. SHANE C. BROWNING, Appellant, and BRAD O. HELBERG, Defendant. No. 73,123Court of Appeals of Kansas Opinion filed December 22, 1995 SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute […]

83 P.3d 143 STATE OF KANSAS, Appellee, v. LISA J. GRAHAM, Appellant. No. 86,899.Supreme Court of Kansas. Opinion filed January 30, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Appellate Review — Two-step Analysis. A two-step analysis is applied to allegations of prosecutorial misconduct. First, the court decides whether the prosecutor’s comments […]

283 P.2d 392 In the Matter of the Condemnation of Land for State Highway Purposes, EMMA GEBHART SIMMONS and McNAGHTEN LOAN COMPANY, INC., Appellees, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. No. 39,619Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT EMINENT DOMAIN — Proceeding in Condemnation — […]

403 P.2d 984 In the Matter of the Estate of Milton I. Cooper, Deceased. (DELLA Cooper, Appellant, v. ERWIN D. COOPER, and C.L. MORGAN, Administrator, Appellees.) No. 44,016Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. HUSBAND AND WIFE — Postnuptial Contract — Construction. The general rule in this state […]

175 P.3d 259 LEO F. SCHUYLER, Appellant, v. RAYMOND “RAY” N. ROBERTS, JR., Appellee. No. 95,482.Supreme Court of Kansas. Opinion filed February 1, 2008. SYLLABUS BY THE COURT1. HABEAS CORPUS — Petition Must Allege Shocking and Intolerable Conduct or Continuing Mistreatment of Constitutional Nature to Avoid Summary Dismissal. In considering a petition for a writ […]

163 P.3d 1266 CRAIG RUSSELL, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant. No. 96,416.Court of Appeals of Kansas. August 10, 2007. SYLLABUS BY THE COURT1. INSURANCE — Insured’s Failure to Comply with Policy Condition — Insurer’s Waiver of Compliance Does Not Expand Policy’s Coverage. An insured’s failure to comply with an insurance policy condition may […]

38 P.3d 746 RICKEY L. HOGAN, Appellant, v. STATE OF KANSAS, Appellee. No. 86,055Court of Appeals of Kansas Opinion filed: January 25, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Guilty Plea — Kansas Constitution Bill of Rights, Prohibition against a Defendant Being a Witness against Himself or Herself Does Not Prohibit Guilty Plea. Section […]

775 P.2d 183 STATE OF KANSAS, Appellee, v. LAUFRANZE KEOKA JONES, Appellant. No. 62,119Court of Appeals of Kansas Opinion filed May 26, 1989 Aff’d 246 Kan. 214, 787 P.2d 738 (1990). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Statute of Limitations — Concealment Exception — State Must Allege Concealment in Information. In order to […]

201 P.3d 673 STATE OF KANSAS, Appellee, v. CHRISTOPHER D. GANT, Appellant. No. 98,026.Supreme Court of Kansas. Opinion filed January 30, 2009. SYLLABUS OF THE COURT1. CRIMINAL LAW — Confession — Motion to Suppress Confession — Appellate Review of District Court’s Ruling on Motion. When reviewing a district court ruling on a motion to suppress […]

636 P.2d 205 PAUL WESLEY GRANDON, et al., Appellants, v. THE CITY OF HUTCHINSON, KANSAS, a municipal corporation, Appellee, and THELMA W. PESTINGER, et al., Appellants, v. THE CITY OF HUTCHINSON, KANSAS, a municipal corporation, Appellee. No. 52,269Court of Appeals of Kansas Opinion filed November 25, 1981 Petition for review denied January 15, 1982. SYLLABUS […]

962 P.2d 529 In the Matter of KERRY J. GRANGER, Respondent. No. 80,391Supreme Court of Kansas Opinion filed July 10, 1998 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed July 10, 1998. Published censure. Marty M. Snyder, deputy disciplinary administrator, argued the cause and […]

219 P.2d 696 ERMA V. ABBOTT, Appellant, v. VIDA F. HOWARD, Appellee. C.A. ABBOTT, Appellant, v. VIDA F. HOWARD, Appellee. Nos. 37,828, 37,829Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. ANIMALS — Liability of Owner — “Run at Large” — Res Ipsa Loguitur — Statute Construed. In an action […]

734 P.2d 1161 STATE OF KANSAS, Appellant, v. JOAN E. HODGES, Appellee. No. 59,805Supreme Court of Kansas Opinion filed March 27, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by Prosecution on Question Reserved. Appeals on questions reserved by the prosecution in criminal actions will not be entertained merely to demonstrate whether or […]

455 P.2d 578 ROBERT LEROY KNIGHT, Appellant, v. STATE OF KANSAS, Appellee. No. 45,463Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate — Plea Voluntary — Evidence — Purpose of Allocution — Plea of Guilty Entered by Counsel. The record in a proceeding, denying the […]

972 P.2d 320 IN THE MATTER OF EDWIN P. CARPENTER, Respondent. No. 07269Supreme Court of Kansas Opinion filed January 22, 1999. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter received by the Clerk of the Appellate Courts on January 4, 1999, respondent Edwin P. Carpenter, of Topeka, an attorney […]

663 P.2d 303 STATE OF KANSAS, Petitioner, v. ROBERT D. NELSON, Respondent. No. 55,067Supreme Court of Kansas Opinion filed May 25, 1983. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed May 25, 1983. Indefinite suspension. Roger N. Walter, disciplinary counsel, argued for petitioner. Respondent […]

945 P.2d 884 STATE OF KANSAS, Appellee, v. JOYCE MINCEY, Appellant. No. 75,599Court of Appeals of Kansas Opinion filed October 3, 1997. SYLLABUS BY THE COURT CRIMINAL LAW — Conspiracy — Agreement to Participate in Multiple Crimes May result in Multiple Conspiracy Charges. When a defendant participates in an agreement to commit multiple separate statutory […]

788 P.2d 266 STATE OF KANSAS, Appellee, v. CUB M. RIDDLE, Appellant. No. 63,167Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Warrantless Arrest — Probable Cause. A valid arrest for a felony may be made without a warrant in a public place based upon probable cause. […]

320 P.2d 840 ACTON MANUFACTURING COMPANY, INC., Appellee, v. GEORGE M. MYERS, INC., Appellant. No. 40,757Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT 1. NEGLIGENCE — Action Against Independent Contractor — Damage to Building — Ruling on Motions — Demurrer. In an action where defendant, an independent contractor, was charged […]

106 P.3d 10 GARY F. JONES, Appellant, v. KANSAS STATE UNIVERSITY, Appellee. No. 90,475.Supreme Court of Kansas. Opinion Filed February 18, 2005. SYLLABUS BY THE COURT1. CIVIL SERVICE — Dismissal of Permanent Employee — Employee May Request Hearing by Kansas Civil Service Board. K.S.A. 2003 Supp. 75-2949(a) provides that an appointing authority may dismiss any […]

47 P.3d 431Court of Appeals of Kansas June 7, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Kinchion… 86346 Sedgwick 06/07/2002 Reversed and remanded for resentencing State v. Puls……. 86611, Kingman 06/07/2002 Affirmed 86612 State v. Agnew…… 86819 Sedgwick 06/07/2002 Reversed and remanded with directions State v. Boggs…… 86866 Wyandotte 06/07/2002 […]

122 P.3d 420 ROBERTS v. STATE. No. 93,409.Court of Appeals of Kansas. November 10, 2005. Appeal from Geary. Decision Without Published Opinion. Affirmed.

427 P.2d 606 STATE OF KANSAS, Appellee, v. LARRY DAVIS, Appellant. No. 44,725Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT 1. ESCAPE — What Constitutes Escape. To constitute an escape on the part of a prisoner from a place of confinement, there must be lawful custody and an actual departure […]

766 P.2d 1288 STATE OF KANSAS, Appellee, v. TERRY BARBER, Appellant. No. 62,147Court of Appeals of Kansas Opinion filed January 13, 1989 Petition for review denied 244 Kan. 739. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape Shield Law — Admissibility of Evidence of Complaining Witness’s Prior False Accusations. In sex offense cases, evidence […]

360 P.2d 11 THE STATE OF KANSAS, Appellee, v. EDWARD L. WILLIAMS, Appellant. No. 41,813Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT CRIMINAL LAW — Failure to Bring Accused to Trial Within Statutory Time — Motion to Discharge. In an appeal from a judgment and sentence in a criminal action, […]

44 P.3d 1244 BLAIR CONSTRUCTION, INC., Appellee/Cross-appellant, v. JOHN W. McBETH and FRANCES L. McBETH, Appellants/Cross-appellees, and CAPITOL FEDERAL SAVINGS and SEDGWICK COUNTY BOARD OF COUNTY COMMISSIONERS, Defendants. No. 86,237Supreme Court of Kansas Opinion filed: April 26, 2002. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Appellate Review. The interpretation and […]

573 P.2d 1025 GERHARD BARKE, Claimant, v. ARCHER DANIELS MIDLAND COMPANY and/or GOOCH FEED MILL COMPANY, et al., Respondent, and FIDELITY GUARANTY CASUALTY INSURANCE COMPANY, Insurance Carrier, Appellee, and KANSAS WORKMEN’S COMPENSATION FUND, Appellant. No. 48,704Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Second Injury Fund […]

332 P.2d 560 (In re Estate of Fred S. Cramer, Deceased.) OTTO J. KOERNER, Administrator Cum Testamento Annexo of the Estate of Fred S. Cramer, Deceased, Appellant, v. THE DIVISION OF NATIONAL MISSIONS OF THE BOARD OF MISSIONS OF THE METHODIST CHURCH and THE DIVISION OF WORLD MISSIONS OF THE BOARD OF MISSIONS OF THE […]

530 P.2d 1222 LEROY SMITH, Appellant, v. McBRIDE DEHMER CONSTRUCTION COMPANY, and RELIANCE INSURANCE COMPANY, Appellees. No. 47,482Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. CONTRACTS — When Contract Is Made. A contract is made at the time when the last act necessary for its formation is done, and […]

101 P.3d 253 CHAVEZ v. IBP, INC. No. 92,016.Court of Appeals of Kansas December 3, 2004. Appeal from the Workers Compensation Board. Decision without published opinion. Affirmed.

962 P.2d 1100 JENNIFER S. LOWMASTER, Appellee, v. MODINE MANUFACTURING CO., Appellant, and SENTRY CLAIMS SERVICE, Insurance Carrier. No. 77,546[1] Court of Appeals of Kansas Opinion filed June 12, 1998. Petition for review denied 265 Kan. 885 (1998) [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an […]

197 P.3d 438 MARY A. HALE, Appellant, v. JUDY K. BROWN, Defendant, JASON R. PACKARD and TOPEKA ELECTRIC CONSTRUCTION, INC., a Kansas Corporation, Appellees. No. 97,232.Supreme Court of Kansas. Opinion Filed December 5, 2008. SYLLABUS OF THE COURT1. NEGLIGENCE — Proof Required for Negligence Claim. In order to establish a claim based in negligence, a […]

332 P.2d 592 WILLIAM E. ROSS, Appellee, v. C.F. LYTLE COMPANY and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, Appellants. No. 41,130Supreme Court of Kansas Opinion filed December 6, 1958. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Temporary Disability — Lump Sum Payment. Under the provisions of G.S. 1957 Supp. 44-531 a workmen’s compensation award for a […]

394 P.2d 88 In the Matter of the Application of ALBERT MURRAY for a Writ of Habeas Corpus. (ALBERT MURRAY, Appellant, v. STATE OF KANSAS, et al., Appellees.) No. 43,939Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT ADMINISTRATIVE LAW — State Board of Probation and Parole — Vacancy — Authority […]

807 P.2d 652 MARTIN J. PECK, Appellee/Cross-Appellant, v. UNIVERSITY RESIDENCE COMMITTEE OF KANSAS STATE UNIVERSITY, Appellant/Cross-Appellee, v. THE KANSAS BOARD OF REGENTS, Intervenor/Cross-Appellee. No. 65,479Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — District Court Review of Administrative Agency Action. Under the Act for Judicial Review and […]

440 P.2d 608 JANE A. FINNEY, Appellee, v. JOHN C. FINNEY, Appellant. No. 45,009Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Custody — As Between Parent and Third Party. Where the contest for child custody is between a parent and a third party, a […]

321 P.2d 171 FRANK J. CASSITY, Appellant, v. CHARLES BRADY and RUSSELL FRINK, Appellees. No. 40,772Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT 1. MALPRACTICE — Petition Alleging Joint Liability — Summons to Another County — Validity of Service. In a malpractice action brought against two doctors, one residing in […]

602 P.2d 546 DONNA JEAN SMITH, as Natural Guardian and Next Friend for JUSTIN WADE SMITH, a Minor Child, Appellant, v. GREGORY SIMMONS, Appellee. No. 50,349Court of Appeals of Kansas Opinion filed November 16, 1979 SYLLABUS BY THE COURT 1. INFANTS — Paternity Suit — Child’s Nonstatutory Right to Support — Effect of Statutes of […]

40 P.3d 333 JULIE L. DOSS, Appellant, v. RONALD MANFREDI, Appellee. No. 86,846Court of Appeals of Kansas Opinion filed: February 15, 2002. Petition for review denied 274 Kan. 1111 (2002). SYLLABUS BY THE COURT TORTS — Negligence — Personal Injury Claim — Independent Medical Review of Treatment Records — No Legal Duty — Summary Judgment. […]

960 P.2d 200 STATE OF KANSAS, Appellant, v. VICTOR MITCHELL, Appellee. No. 80,145Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Suppression of Evidence — Appellate Review. An appellate court will uphold a trial court’s suppression of evidence if that ruling is supported by substantial competent […]

378 P.2d 42 OTTO J. KOERNER and ROSETTA A. KOERNER, Appellants, v. CITY OF WICHITA, a Municipal Corporation, and C.H. FUNK, Clerk of the City of Wichita, Appellees. No. 42,881Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Action to Enjoin Assessment for Sewer — Demurrer to Evidence. […]

395 P.2d 308 MARY SIMON and LEO SIMON, Appellees, v. JOHN J. NEISES, MARIE NEISES, and EUGENE M. GRAVES, Appellants. No. 43,556Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. WATERS — Construction of Levee — Obstruction and Overflow — Enjoining Maintenance and Removal. Where a levee constructed on lower […]

680 P.2d 301 STATE OF KANSAS, Appellant, v. JAMES STERLING, Appellee. No. 56,361Supreme Court of Kansas Opinion filed April 27, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Intent — General Intent Crime Distinguished from Specific Intent Crime. The distinction between a general intent crime and a crime of specific intent is whether, in […]

562 P.2d 75 NANCEE K. ELLIS, widow, RANDAL SCOTT ELLIS, minor son, JEFFERY CHARLES ELLIS, minor son of Charles Lindell Ellis, deceased, Appellants, v. KENNETH FAIRCHILD, d/b/a KENNETH FAIRCHILD MID-CONTINENT AVIATION, INC. and SOUTHEASTERN AVIATION UNDERWRITERS, INC. and INSURANCE COMPANY of the STATE OF PENNSYLVANIA, and MANN-KLINE, INC., Division of MARSH McLENNAN, and CORKY NASON, […]

466 P.2d 305 WILLIAM H. JACKSON, Appellant, v. STATE OF KANSAS, Appellee. No. 45,828Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate — No Substitute for Appeal — Errors Affecting Constitutional Rights — Review. A K.S.A. 60-1507 proceeding cannot be used as a substitute […]

375 P.2d 588 THE STATE OF KANSAS ex rel. GLEN TONGIER, County Attorney of Montgomery County, Kansas, Appellant, v. CECIL REED and ROY WIDICK, d/b/a REED AND WIDICK FEED STORE, Appellees. No. 42,620Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT INJUNCTIONS — Caution in Granting — Necessity of Clear Case. […]

561 P.2d 838 ROBERT SHERMAN OSWALD, Appellant, v. STATE OF KANSAS, Appellee. No. 48,203Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. COURTS — Post-conviction Proceeding — Affidavit of Bias and Prejudice against Judge — Transfer to Administrative Judge — Statutory Requirements Met. Where, pursuant to the provisions of K.S.A. […]

482 P.2d 692 ORVILLE P. ABSTON, Appellee, v. MEDORA GRAIN, INC., EDWARD L. ELLIOTT and FRANK O. HOFFMAN, Appellants. No. 45,912Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. CONTINUANCES — Judicial Discretion. The granting of a continuance is a matter which lies within the sound discretion of the trial […]

619 P.2d 155 DAVID WRIGHT, Appellant, v. STATE OF KANSAS, Appellee. No. 51,619Court of Appeals of Kansas Opinion filed November 7, 1980 SYLLABUS BY THE COURT CIVIL PROCEDURE — Prisoner’s 1507 Motion Attacking Sentence — Guidelines for Granting Evidentiary Hearing. Guidelines for the granting of an evidentiary hearing on a motion filed pursuant to K.S.A. […]

546 P.2d 1320 LELAND C. WAECHTER, et al., Appellees, v. AMOCO PRODUCTION COMPANY, Formerly Pan American Petroleum Corporation, Appellant. No. 47,474Supreme Court of Kansas Opinion on rehearing filed March 6, 1976. OPINION ON REHEARING Appeal from Stevens district court; L.L. MORGAN, judge. Opinion on rehearing filed March 6, 1976. Original opinion of reversal adhered to. […]

370 P.2d 138 RICHARD WYCOFF and RAYMOND WYCOFF, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LOGAN, KANSAS; CLAUDE M. FULTON, JACOB UHRICH and ROY KRONVALL, members of The Board of County Commissioners of the County of Logan, Kansas; and the following County Officers of Logan County, Kansas, to wit: HARRY B. […]

392 P.2d 943 RAY L. SMITH COMPANIES, INC., Appellee, v. ELDON MILLER, INC., Appellant. No. 43,706Supreme Court of Kansas Opinion filed June 6, 1964. SYLLABUS BY THE COURT LANDLORD AND TENANT — Action to Recover Balance Due Under Lease — Abandonment — Diminished Rental Value — Measure of Damages. In an action to recover the […]

38 P.3d 707 STATE OF KANSAS, ex rel., CARLA J. STOVALL, Attorney General, appellant and KANSAS BOARD OF PHARMACY, v. CONFIMED.COM, L.L.C., d/b/a VSOURCE and CONFIMED.COM., defendants and H. LEVINE, M.D., Appellee. Supreme Court of Kansas No. 87,177 Opinion filed: January 25, 2002. SYLLABUS BY THE COURT 1. CONSUMER PROTECTION ACT — Unconscionable Acts — […]

97 P.3d 492 In the Matter of JAMES S. PHILLIPS, JR., Respondent. Bar Docket No. 08451.Supreme Court of Kansas. August 31, 2004. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter received August 27, 2004, to the Clerk of the Appellate Courts, respondent James S. Phillips, Jr., of Wichita, Kansas, an […]

564 P.2d 470 HARTFORD ACCIDENT INDEMNITY CO., Appellant, v. HAROLD FAULKNER, dba HAROLD FAULKNER HAULING, TOWING WRECKER SERVICE, Appellee. No. 48,153Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT APPEAL AND ERROR — Failure to File Appeal in Time — Jurisdiction. In an appeal in a declaratory judgment action from an […]

990 P.2d 765 STATE OF KANSAS, Appellee, v. THEODORE J. COOPER, Appellant. No. 81,965Court of Appeals of Kansas Opinion filed: October 8, 1999. SYLLABUS BY THE COURT CRIMINAL LAW — Extradition — Credit Given Defendant for Time Spent in Custody Resisting Extradition. A criminal defendant who resists extradition while incarcerated on a charge for which […]

427 P.2d 492 ROBERT L. PALMER, Appellant, v. STATE OF KANSAS, Appellee. No. 44,737Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Sentence Under Habitual Criminal Act — Preliminary Hearing. In an appeal from an order denying relief in proceedings pursuant […]

26 P.3d 73 STEVE BROOKS, as Administrator of the Estate of Betty Ann Coffel, and CINDY PARKS, as Heir at Law of Betty Ann Coffel, Appellant, v. CHERL BENNETT, Defendant, and FARMERS INSURANCE COMPANY, Garnishee/Appellee. No. 85,719Court of Appeals of Kansas Opinion filed: June 15, 2001. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Liability […]

860 P.2d 31 In the Matter of JAMES LARRY LINN, Respondent. Nos. 63,888, 65,435Supreme Court of Kansas October 8, 1993 ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — Continuation of Unsupervised Probation. On October 27, 1989, in case No. 63,888, respondent was placed on probation with specific conditions of supervision for a period of one […]

756 P.2d 1091 In the Matter of the Conservatorship of FRED A. MARCOTTE. No. 60,260Supreme Court of Kansas Opinion filed June 3, 1988. SYLLABUS BY THE COURT 1. CONSERVATORS — Inter Vivos Conveyance of Personal Property by Voluntary Conservatee — Court Approval Required. A voluntary conservatee may not dispose of personal property by inter vivos […]

169 P.3d 307 MARK WELDON KARGUS, Appellant, v. State of Kansas, Appellee. No. 92,432.Supreme Court of Kansas. Modified Opinion filed October 15, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Defendant’s Statutory Right to Effective Assistance of Counsel When Filing Petition for Review in Direct Appeal. A defendant who has been convicted of a felony […]

499 P.2d 517 CHANUTE PRODUCTION CREDIT ASSOCIATION, a Corporation, Appellant, v. WEIR GRAIN AND SUPPLY, INC., a Corporation, Appellee. No. 46,481Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. SECURED TRANSACTIONS — Crops — Sufficiency of Description. K.S.A. 1971 Supp. 84-9-402 and 84-9-110 require something less than a legal description […]

684 P.2d 406 EDWARD E. GILES, Appellee, v. ADOBE ROYALTY, INC., et al., Appellants. No. 56,283Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Service of Process — Sufficiency of Publication Service. Where the names and addresses of adverse parties are known or are easily ascertainable, notice […]

114 P.3d 190 STATE v. MUNOZ. Nos. 92,419, 92,420, 92,421.Court of Appeals of Kansas. July 1, 2005. Appeal from the Shawnee. Decision without published opinion. Appeal dismissed.

942 P.2d 649 STATE OF KANSAS, Appellee, v. CECIL E. WALKER, Appellant. No. 77,300Court of Appeals of Kansas Opinion filed July 18, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Severity Level for Crime of Possession of Cocaine Fixed by Guilty Plea. A plea of guilty for the purpose of applying the […]

860 P.2d 47 STATE OF KANSAS, Appellee, v. LUIS L. JACOBSON, Appellant. No. 68,549Court of Appeals of Kansas Opinion filed September 24, 1993 Petition for review denied 254 Kan. ___ (December 23, 1993). SYLLABUS BY THE COURT CRIMINAL LAW — Guilty Plea — Effect of Judge’s Failure to Orally Accept Defendant’s Plea of Guilty. When […]

56 P.3d 248 IN THE MATTER OF THE APPLICATION OF THE CITY OF WETMORE FOR EXEMPTION FROM AD VALOREM TAXATION IN NEMAHA COUNTY, KANSAS. No. 87,637Supreme Court of Kansas Opinion filed: October 25, 2002. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Board of Tax Appeals — Judicial Review of BOTA Order. Board of Tax […]

480 P.2d 53 STATE OF KANSAS, Appellee, v. ROY HARDEN, Appellant. No. 45,788Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Murder — Admissibility of Confession — Refusing to Instruct on Insanity — Permitting Rebuttal Testimony. The defendant in a criminal action was charged with murder in the […]

457 P.2d 60 J. BERNICE COOL, Appellant, v. HOWARD R. COOL, Appellee. Nos. 45,377 and 45,583Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Conflicting Evidence — Review. On appellate review it is not the function of this court to weigh conflicting evidence or to substitute […]

430 P.2d 293 WALTER B. FAIRBANKS, Appellant, v. STATE OF KANSAS, Appellee. No. 45,001Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Successive Motion. In a proceeding under K.S.A. 60-1507 to vacate a conviction and sentence the record is examined and […]

318 P.2d 1036 JOHN EUGENE BROOKS, RICHARD LEE BROOKS, ROBERT ALLEN BROOKS, BETTE LOUISE BROOKS, Minors, by Ethel Louise Brooks, Natural Guardian, (Maurice V. Brooks, Deceased), Appellants, v. KANSAS POWER AND LIGHT COMPANY, Appellee. No. 40,735Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Death — When Compensable. […]

538 P.2d 977 STATE OF KANSAS, Petitioner, v. RICHARD L. HILTON, Respondent. No. 47,753Supreme Court of Kansas Opinion filed July 17, 1975. ORIGINAL PROCEEDINGS IN DISCIPLINE ATTORNEYS — Proceeding in Discipline — Public Censure. Opinion filed July 17, 1975. Judgment for Petitioner. Michael C. Cavell, Assistant Attorney General, argued the cause, and Curt T. Schneider, […]

187 P.3d 111 ALLIANCE STEEL, INC., Appellant, v. TROY PILAND; TERRENCE PILAND; DOUGLAS GROOMS, d/b/a ASSOCIATED CONSTRUCTION SERVICE, and/or ASSOCIATED CONSTRUCTION SERVICE; and ROBERT D. DUNLAP, d/b/a DUNLAP CONSTRUCTION, Appellees. No. 98,762.Court of Appeals of Kansas. Opinion filed: June 27, 2008. SYLLABUS BY THE COURT1. MECHANICS’ LIENS — Purpose of Mechanic’s Lien Statute. The purpose […]