Category: Kansas Court Opinions

626 P.2d 1219 DONALD MARTIN SCHUH, Appellee, v. EDUCATIONAL READING SERVICES OF KANSAS, INC., Appellant. No. 51,851Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. SMALL CLAIMS PROCEDURE — Dismissal of Appeal — Appellee Deemed “Successful on Appeal” and Recovers Attorney Fees. Where a plaintiff voluntarily dismisses an appeal […]

502 P.2d 728 STATE OF KANSAS, Appellee, v. ALBERT F. MASQUA, Appellant. No. 46,607Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Who May Claim Immunity. A defendant who has no interest in premises, either of a proprietary or possessory character, has no standing to invoke […]

934 P.2d 987 STATE OF KANSAS, Appellee, v. STEVEN E. PARKER, Appellant. No. 74,726Court of Appeals of Kansas Opinion filed March 14, 1997. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Notice of Appeal in Criminal Case — Untimely Notice — Applicable Exceptions to Invoke Jurisdiction of Appellate Court. An appellate court has no jurisdiction […]

259 P.3d 737 CHRISTOPHER STABEL and KAMRYN ALVIA MEYER, A Minor Child, By and Through Her Next Friend, CHRISTOPHER STABEL, Appellees, v. JESSIKA LEIGH MEYER, Appellant. No. 103,285.Court of Appeals of Kansas. Opinion filed May 27, 2011. SYLLABUS BY THE COURT1. PARENT AND CHILD — Kansas Parentage Act — Last Name Change for Minor Child. […]

272 P.2d 1110 ORA LAMBERT, Appellee, v. ST. PAUL FIRE MARINE INSURANCE COMPANY, a corporation, Appellant. No. 39,463Supreme Court of Kansas Opinion filed July 6, 1954. SYLLABUS BY THE COURT INSURANCE — Policy — Loss of Wheat by Fire — Measure of Damage. The record in an action on an insurance policy to recover damages […]

601 P.2d 686 STATE OF KANSAS, Appellee, v. JESSE A. RODRIQUEZ, Appellant. No. 51,044Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Codefendant’s Extrajudicial Statement — Admissibility — Deprivation of Accused’s Right to Confront Witness. A defendant is deprived of his rights under the confrontation clause of […]

366 P.2d 802 In re Estate of Charles E. Snyder, Deceased. (FERN E. BRUNT, as Special Administratrix of the Estate of Isabelle H. Snyder, Deceased, Appellee, v. ELMORE W. SNYDER II, as Executor of the Estate of Charles E. Snyder, Deceased, Appellant.) No. 41,989Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE […]

102 P.3d 503 STATE v. ROBERTS. No. 91,322.Court of Appeals of Kansas December 23, 2004. Appeal from Geary. Decision Without Published Opinion. Affirmed.

715 P.2d 29 JUDY JONES CLOUSTON, Claimant-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Respondent-Appellee, and MILLERS MUTUAL INSURANCE COMPANY, Insurance Carrier-Appellee, and STATE EMPLOYEES’ SELF-INSURANCE FUND, Insurance Carrier-Appellant. No. 58,060Court of Appeals of Kansas Opinion filed March 6, 1986 SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Exclusive Remedy — “Recovery Back” Payments to […]

318 P.2d 1000 A.W. CLINE, Appellant and Cross-Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, a Corporation, Appellee and Cross-Appellant. No. 40,701Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Validity of Proceeding — Separate Action. A landowner may not, in a condemnation proceeding, litigate the validity of […]

41 P.3d 855 IN THE MATTER OF STANLEY R. JUHNKE, Respondent. No. 87,900Supreme Court of Kansas Opinion filed: March 8, 2002 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed March 8, 2002. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and […]

730 P.2d 1096 RHODA VOGEL, Appellee, v. WILLIAM G. HAYNES, Appellant. No. 59,139Court of Appeals of Kansas Opinion filed October 2, 1986 Petition for review denied December 18, 1986. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Security Deposit — Retention of Deposit by Landlord — Written Notice of Damages to Tenant. Under the […]

85 P.3d 211 RICHARD W. VERNON, Trustee of the Richard W. Vernon Trust Dtd. May 1, 1997, RICHARD W. VERNON, Successor Trustee of the Dorothy K. Vernon Trust Dtd. June 16, 1996, and CARL A. VERNON, JR., Individually, Appellees/Cross-appellants, v. COMMERCE FINANCIAL CORPORATION, a Kansas Corporation, Appellant/Cross-appellee. No. 90,582.Court of Appeals of Kansas. Opinion filed […]

317 P.2d 852 BEN KINDSVATER, Appellee, v. Le NORE HINEMAN, formerly Le NORE MUYRES, Appellant. No. 40,638Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT BILLS AND NOTES — Action on Promissory Note — Proceeds from Sale of Personalty to Apply on Debt — Statute of Limitations. In an action to […]

380 P.2d 332 JEWELL WYCKOFF, Appellee, v. GEORGE BENNETT, Appellant. No. 43,023Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Making New Party Defendant — After Statute Has Run. Following Garrity v. Board of Administration, 99 Kan. 695, 162 P. 1167, the filing of a petition against […]

460 P.2d 564 STATE OF KANSAS, Appellee, v. RAY MILLER, Appellant. No. 44,913Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary — Remarks of County Attorney — No Prejudicial Error Shown. In a criminal prosecution wherein defendant was convicted by a jury of burglary in the second […]

399 P.2d 880 STATE OF KANSAS, Appellee, v. VERNON GEE, Appellant. No. 43,950Supreme Court of Kansas Opinion filed March 6, 1965. SYLLABUS BY THE COURT HOMICIDE — First Degree Murder — Erroneous Instruction. Defendant was charged in a criminal prosecution with murder in the first degree under K.S.A. 21-401. The trial court instructed the jury […]

932 P.2d 469 STATE OF KANSAS, Appellee, v. CHADWICK A. CASHMAN, Appellant. No. 75,578Court of Appeals of Kansas Opinion filed February 28, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Mandatory Prison Sentence for Use of Firearm. K.S.A. 21-4618 provides if a firearm is “used” during the commission of certain crimes, a […]

592 P.2d 93 NATIONAL EDUCATION ASSOCIATION-TOPEKA, INC., a Corporation, Appellee, v. U.S.D. NO. 501, SHAWNEE COUNTY, KANSAS, Appellant. TOPEKA BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 501, SHAWNEE COUNTY, KANSAS, Appellant, v. NEA-TOPEKA, INC., et al., Appellees. No. 50,155Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. SCHOOLS — Teachers’ […]

11 P.3d 1171 STATE OF KANSAS, Appellee, v. NATHANIEL THOMAS, Appellant. No. 81,461Supreme Court of Kansas Opinion filed October 27, 2000. CRIMINAL LAW — Ineffective Assistance of Counsel — Counsel’s Failure to File Timely Notice of Alibi Defense — Convistions for Injury to Pregnant Woman and Aggravated Battery are Multiplicitous. Review of the judgment of […]

486 P.2d 1401 ROBERT W. CARRUTH, a minor by his father and next friend ARTHUR J. CARRUTH, III, Appellant, v. JAMES C. CUNNINGHAM, as father and next friend of JAMES R. CUNNINGHAM, Appellee. No. 46,058Supreme Court of Kansas Opinion filed July 16, 1971. SYLLABUS BY THE COURT 1. AUTOMOBILES — “Guest” Within the Meaning of […]

31 P.3d 952 STATE OF KANSAS, ex. rel., DAVID R. BRANT, SECURITIES COMMISSIONER OF KANSAS, Appellee, v. BANK OF AMERICA, TOPEKA, KANSAS, Appellant. No. 86,280Supreme Court of Kansas Opinion filed: September 28, 2001. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Constitutional Error Asserted for First Time on Appeal — Appellate Review. Generally, where […]

403 P.2d 978 CHESTER O’BRYAN, Appellee, v. HOME-STAKE PRODUCTION COMPANY, Appellant. No. 44,125Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. NEW TRIAL — Misconduct of Juror. Every litigant in a jury trial is entitled to a trial before an impartial jury but a jury verdict should not be set […]

899 P.2d 1036 STATE OF KANSAS, Appellee, v. TERRELL F. MYERS, Appellant. No. 71,028Supreme Court of Kansas Opinion filed July 14, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury’s Request for Additional Information as to Law — Mandatory Duty of Trial Court to Respond — Extent of Response Rests in Trial Court’s Discretion. […]

68 P.3d 651Court of Appeals of Kansas May 16, 2003 Title Docket Appeal Date of Decision Number From Decision Bullock v. State 86256 Sedgwick 05/16/2003 Affirmed in part and remanded with directions State v. Knox 87180 Wyandotte 05/16/2003 Affirmed State v. Woods 87318 Sedgwick 05/16/2003 Affirmed State v. Hurt 88247 Republic 05/16/2003 Affirmed in part, […]

621 P.2d 1002 STATE OF KANSAS, Appellee, v. MARK A. DICKENSON, Appellant. No. 52,202Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT CRIMINAL LAW — Identification by Victim in Court — Illegal Arrest, Search and Seizure — Admissibility of Identification. A victim’s in-court identification of a defendant is admissible when the […]

744 P.2d 845 STATE OF KANSAS, Appellee, v. MALLONEE M. LEE, Appellant. No. 59,488Supreme Court of Kansas Opinion filed October 30, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Obstruction of Official Duty — Obstruction May Be by Indirect Means. Obstruction of official duty under K.S.A. 21-3808 may be committed by indirect means; direct […]

928 P.2d 920 DWIGHT D. LAY, Appellant, v. STATE OF KANSAS, DEPARTMENT OF TRANSPORTATION, and SECRETARY OF TRANSPORTATION, E. DEAN CARLSON, Appellees. No. 74,560Court of Appeals of Kansas Opinion filed December 20, 1996. SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Application. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, […]

913 P.2d 84 WALLACE M. WEBER, M.D., d/b/a HEARTLAND DERMATOLOGY CENTER, Appellee, v. DONALD K. TILLMAN, JR., D.O., Appellant. No. 73,202Supreme Court of Kansas Opinion filed March 8, 1996 SYLLABUS BY THE COURT 1. CONTRACTS — Restrictive Covenant — Public Policy Issue — Question of Law. Whether a restrictive covenant is contrary to public policy […]

124 P.3d 516 JACK L. GOLDSMITH, Appellant, v. STATE OF KANSAS, Appellee. No. 93,377.Court of Appeals of Kansas. Opinion filed December 23, 2005. SYLLABUS BY THE COURTCRIMINAL LAW — Forensic DNA Testing — Defendant’s Request for Testing — Statute Authorizing Test Construed and Applied. K.S.A. 2004 Supp. 21-2512 is construed and applied. Appeal from Cowley […]

297 P.2d 165 HOUSTON LUMBER COMPANY OF RUSSELL, KANSAS, INC., a Corporation, Appellee, v. WILLIAM CLIFTON MORRIS, JR., and MARGUERITE L. MORRIS, husband and wife; (HERMAN H. FABRIZIUS); and THE HOME STATE BANK, a Kansas Corporation, Appellants. No. 40,060Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT 1. PLEADING — Demurrer. […]

238 P.3d 314 ADAM TUANLOC TRAN, Appellant, v. QUANG HONG NGUYEN, Defendant, STEVEN D. HOHENSEE and XUAN HONG HOHENSEE, Appellees, and THE BOARD OF COUNTY COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS, Defendant. No. 102,019.Court of Appeals of Kansas. August 27, 2010. SYLLABUS BY THE COURT1. TORTS — Negligent Entrustment of Automobile. The tort of negligent entrustment […]

114 P.3d 191 IN RE B.L. No. 93,219.Court of Appeals of Kansas. July 1, 2005. Appeal from the Chautauqua. Decision without published opinion. Affirmed.

98 P.3d 672 STATE v. ETHERIDGE. No. 91,349.Court of Appeals of Kansas October 8, 2004. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

57 P.3d 513 WILLIAM S. MYNATT AND MYNATT TRUCK EQUIPMENT, INC., A KANSAS CORPORATION, APPELLEES. v. DAVID W. COLLIS and ANN M. HUGHES, APPELLANTS. No. 87,418Supreme Court of Kansas[1] Opinion filed: November 1, 2002. [1] REPORTER’S NOTE: Hon. Edward Larson became a Senior Judge upon his retirement from the Supreme Court effective September 4, 2002. […]

321 P.2d 183 THE STATE OF KANSAS on the Relation of ROBERT J. DOLE, as County Attorney of Russell County, Kansas, LOYD H. PHILLIPS, as County Attorney of Barton County, Kansas; CHARLES D. JOHNSON, as County Attorney of McPherson County, Kansas; BERNARD NORDLING, as County Attorney of Stevens County, Kansas; DAVID W. KESTER, as County […]

647 P.2d 1268 FIRST NATIONAL BANK TRUST COMPANY, Appellee, v. LOWELL L. LYGRISSE and JUDITH LYGRISSE, et al, Appellants. No. 52,962Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT 1. MORTGAGES — Dragnet Mortgage — Subsequent Debts Secured under Dragnet Clause. Subsequent debts may be secured under the dragnet clause of […]

217 P.2d 1059 TOM GRANNELL, Appellee, v. EARL F. WAKEFIELD, Appellant. No. 37,851Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT PARTNERSHIP — Action for Money and Accounting — Sufficiency of Petition. In an action against an alleged partner for money and for an accounting, it is held the petition stated […]

680 P.2d 913 THE CONTINENTAL INSURANCE COMPANY, Appellant, v. MICHAEL B. ENTRIKIN, DAVID D. COPAS, ROBIN S. COPAS and PATRONS MUTUAL INSURANCE ASSOCIATION, Appellees. No. 55,714Court of Appeals of Kansas Opinion filed April 19, 1984 Petition for review denied 235 Kan. 1041. SYLLABUS BY THE COURT 1. INSURANCE — “Replaces” — Interpretation of Word as […]

148 P.3d 553 PEGGY A. RINKE, Claimant/Appellee, v. BANK OF AMERICA and ROYAL SUN ALLIANCE INSURANCE COMPANY (AMERICAN INSURANCE COMPANY), Respondents/Appellants. No. 93,868.Supreme Court of Kansas. Opinion filed December 22, 2006. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Appellate Review of Workers Compensation Board’s Decision. The Workers Compensation Act specifically adopts the Kansas Act for […]

922 P.2d 430 STATE OF KANSAS, Appellee, v. JERRY D. HIGH, Appellant. No. 74,234Supreme Court of Kansas Opinion filed July 12, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession of Accused — Voluntariness of Confession — Determination of Admissibility by Trial Court — Appellate Review. In determining whether an accused’s confession is voluntary, […]

774 P.2d 980 BOARD OF COUNTY COMMISSIONERS OF OSBORNE COUNTY, KANSAS, Appellee, v. ARCHIE L. and EDNA L. KULICH, Appellants. No. 62,907Supreme Court of Kansas Opinion filed May 26, 1989. SYLLABUS BY THE COURT EMINENT DOMAIN — Condemnation Proceeding — Action Dismissed without Prejudice followed by Filing of New Action — Original Action Not Deemed […]

737 P.2d 69 STATE OF KANSAS, Appellee, v. RAMON DANTZLER, Appellant. No. 60,106Court of Appeals of Kansas Opinion filed May 21, 1987 SYLLABUS BY THE COURT CRIMINAL LAW — Plea of Guilty or Nolo Contendere — Probation Denial — No Direct Appeal Notwithstanding Statutory Presumption of Probation. Notwithstanding the provisions of K.S.A. 1986 Supp. 21-4606a […]

661 P.2d 806 GRANT BARCUS, LARRY G. BARCUS, ROY V. BARCUS and WILLIAM R. BARCUS, d/b/a L.G. BARCUS AND SONS, INC., Appellants, v. CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, Appellee. No. 53,692Court of Appeals of Kansas Opinion filed April 7, 1983 SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Report of Appraisers — […]

225 P.2d 85 CLAUDE W. AMES, Appellee, v. ALBERT H. AMES, otherwise known as A.H. Ames, Appellant. No. 38,029Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT 1. PARTITION — Right of Cotenant to Partition — Administration Proceedings Pending — Jurisdiction of District Court. A district court has jurisdiction of an […]

654 P.2d 475 CHARLES R. THORNTON, Appellant, v. VICTOR L. SHORE, et al., Appellees. No. 54,477Supreme Court of Kansas Opinion filed December 3, 1982. MEMORANDUM OPINION GOVERNMENTAL IMMUNITY — Police Officer’s Performance of Discretionary Duty — Trial Court Affirmed by Equally Divided Court. Appeal from Douglas district court; RALPH M. KING, JR., judge. Opinion filed […]

603 P.2d 628 OTTO J. KOERNER, Appellee, v. CUSTOM COMPONENTS, INC., ELMER WIECHMAN and TERRY WIECHMAN, Appellants. No. 50,331Court of Appeals of Kansas Opinion filed November 30, 1979 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Party Precluded from Appealing Ruling It Invited at Trial. When a party procures a court to proceed in […]

692 P.2d 406 ELMER D. CHILSON, d/b/a CHILSON MASONRY, and MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Appellees, v. CAPITAL BANK OF MIAMI, FLORIDA, Appellant. No. 56,573Court of Appeals of Kansas Opinion filed December 27, 1984 Affirmed 237 Kan. 442 (1985). SYLLABUS BY THE COURT 1. CONTRACTS — Written Agreement — Five-year Statute of Limitations. A […]

231 P.2d 227 MRS. SHERMAN W. (BONNIE) REED, JR., Appellee, v. RICHARD L. MAI, Appellant. No. 38,278Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Motions — Appealable Orders. Motions to strike and to make more definite and certain rest in the sound discretion of the […]

839 P.2d 541 IN THE MATTER OF THE MARRIAGE OF ELLEN D. SCHWIEN, Appellee, and JAMES W. SCHWIEN, Appellant. No. 67,098Court of Appeals of Kansas Opinion filed October 9, 1992 SYLLABUS BY THE COURT 1. DIVORCE — Property Division — Property Brought into Marriage or Acquired by Gift during Marriage — Trial Court Not Required […]

8 P.3d 745 In the Matter of MARK J. SACHSE, Respondent. No. 84,675Supreme Court of Kansas Opinion filed July 14, 2000. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Probation. Original proceeding in discipline. Opinion filed July 14, 2000. Two-year probation. Stanton A. Hazlett, disciplinary administrator, argued the cause and was […]

456 P.2d 32 HENRY I. GRIFFITH, Appellant, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 45,579Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT APPEAL AND ERROR — When Reversal Would Be Ineffectual — Issue Moot. This court will not review a case on its merits where a judgment of reversal […]

625 P.2d 453 MAE BELL CRABTREE, Appellee, v. BEECH AIRCRAFT CORPORATION and STATE AUTOMOBILE CASUALTY UNDERWRITERS, APPELLANTS. No. 51,554Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Temporary Total Disability — Purpose. The purpose of temporary total disability compensation is to compensate an injured worker for loss […]

91 P.3d 1204 STATE OF KANSAS, Appellee, v. JOHNNY F. TOSH, II, Appellant. No. 89,042.Supreme Court of Kansas. Opinion filed June 25, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Two-step Analysis. A two-step analysis is applied to allegations of prosecutorial misconduct. First, the court decides whether the prosecutor’s comments were outside […]

506 P.2d 1184 BILLY RAY PINE, Appellant, v. EARL L. PITTMAN, NORMA J. PITTMAN, CARL L. PITTMAN, CAROLYN L. PITTMAN, Appellees. No. 46,576Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. MORTGAGES — Foreclosure — Redemption — Persons Entitled to Redeem. The holder of a junior equitable mortgage, joined as […]

506 P.2d 1115 STATE OF KANSAS, Appellee, v. CHARLES EDGAR CORY, Appellant. No. 46,805Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Duplicitous Offenses — Test Stated. Where the same conduct of a defendant constitutes a violation of two statutory proscriptions the test of duplicitous offenses is […]

309 P.2d 677 BEATRICE FARRAN, a Minor, By and Through Her Father, CLARENCE R. FARRAN, Her Natural Guardian and Next Friend, Appellant, v. W.F. PETERSON, STELLA PETERSON, and M.H. WALKER, Appellees. No. 40,463Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT PLEADING — Demurrer to Second Amended Petition Sustained Acquiescence by […]

267 P.2d 501 GERALD W. KLEMA, Appellant, v. JOSEPH D. SOUKUP and ZDENEK J. SOUKUP, Appellees. No. 39,190Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT 1. CONTRACTS — When Free of Ambiguity — Construction. The interpretation of a written contract, free from ambiguity, is a judicial function and does not […]

471 P.2d 352 KANSAS FARM BUREAU INSURANCE COMPANY, INC., Appellee, v. HAROLD L. COOL, Appellant. No. 45,723Supreme Court of Kansas Opinion filed June 13, 1970. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorists Coverage — Policy Excludes a Dune Buggy. A policy of automobile liability insurance covering uninsured motorists is interpreted and held to […]

826 P.2d 522 STATE OF KANSAS, Appellee, v. MARION L. WICKLIFFE, Appellant. No. 66,176Court of Appeals of Kansas Opinion filed January 17, 1992 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theft — Unlawful Deprivation of Property as Lesser Included Offense — When Instruction Required. Unlawful deprivation of property is a lesser included offense of […]

186 P.3d 746 In the Matter of STEPHEN J. JONES, Respondent. No. 99,884.Supreme Court of Kansas. Opinion filed June 27, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed June 27, 2008. Indefinite suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]

262 P.2d 123 STATE OF KANSAS, Appellee, v. HENRY L. ASHTON, Appellant. No. 39,045Supreme Court of Kansas Opinion filed October 10, 1953. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Due Process — Certainty and Definiteness of Statute. “A criminal statute which either forbids or requires the doing of an act in terms so vague […]

372 P.2d 994 LILLIE HEIN, Appellant, v. MILLS BUILDING COMPANY, a Corporation, Appellee. No. 42,862Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT NEGLIGENCE — Injury to Business Invitee — Demurrer to Evidence. In an action where plaintiff was accompanying her husband to a doctor’s office in the Mills building in […]

51 P.3d 470Court of Appeals of Kansas August 2, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW Moore v. Eubanks 85386 Wyandotte 08/02/2002 Reversed and Remanded State v. Wilson 86501 Wyandotte 08/02/2002 Affirmed State v. Smith 86639 Saline 08/02/2002 Affirmed in part and reversed in part State v. Taylor 86698 Sedgwick 08/02/2002 Appeal dismissed State […]

131 P.3d 1268 R.H. GUMP REVOCABLE TRUST, c/o R.H. GUMP (OWNER), and NORDYKE VENTURES, LLC., c/o MARK NORDYKE, Appellants, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellee. No. 94,312.Court of Appeals of Kansas. Opinion filed April 14, 2006. SYLLABUS BY THE COURT1. ZONING — Courts Without Power to Change Zoning — Court’s Power […]

917 P.2d 859 STATE OF KANSAS, Appellee, v. DONALD WHITAKER, Appellant. No. 74,144Supreme Court of Kansas Opinion filed May 31, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Defendant’s Truthfulness at Trial May Be Considered in Determining Capacity for Rehabilitation. Defendants taking the stand in their own defense who clearly lie under […]

290 P.2d 1013 JAMES BOND, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF RUSSELL, KANSAS, and H.C. McCONNELL, E.L. DOUGHERTY, and JOHN STIELOW, as members of the Board of County Commissioners of the County of Russell, Kansas, Appellees. No. 39,945Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT […]

357 P.2d 828 MARY B. EPPLE, Appellee, v. S.H. KRESS AND COMPANY, a Corporation, Appellant. No. 41,982Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT 1. TRIAL — What General Verdict Imports — Special Findings — Construction. A general verdict imports a finding upon all issues in the case not inconsistent […]

608 P.2d 890 AUGUSTA MEDICAL COMPLEX, INC., et al., Appellees, v. BLUE CROSS OF KANSAS, INC., Appellant. No. 51,221Supreme Court of Kansas Opinion filed March 18, 1980. SYLLABUS BY THE COURT 1. CONTRACTS — Injunction to Require Party to Continue Terms of Contract — Right of Party to Terminate Contract — Abuse of Trial Court […]

658 P.2d 1050 STATE OF KANSAS, Appellant, v. JERRY B. HUNTER, Appellee. No. 54,830Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT CRIMINAL LAW — Preliminary Hearing — Determination Required by Presiding Judge. A magistrate conducting a preliminary examination serves a limited function: to determine whether it appears that a felony […]

46 P.3d 570 STATE OF KANSAS, Appellee, v. GERRY A. BURDEN, Appellant. No. 85,731Court of Appeals of Kansas Opinion filed: May 24, 2002. Rev’d 275 Kan. 934, 69 P.3d 1120 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voir Dire — Failure of Court to Remove Venire Members for Cause — No Abuse of […]

220 P.2d 175 THE STATE OF KANSAS, Appellant, v. PAUL ROBERT SIMPSON, Appellee. No. 37,929Supreme Court of Kansas Opinion filed July 6, 1950. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State — Question Reserved by State. Following State v. Marek, 129 Kan. 830, 284 P. 424, it is held: “To reserve a […]

664 P.2d 813 STERLING S. WAGGENER, Appellant and Cross-Appellee, v. SEEVER SYSTEMS, INC., Appellee and Cross-Appellant. No. 54,399Supreme Court of Kansas Opinion filed June 10, 1983. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Jury Trial — Common-law Right Guaranteed by Kansas Constitution. The constitutional right to a jury trial guaranteed by Section 5 of […]

552 P.2d 971 STATE OF KANSAS, Appellee, v. CLETIS L. CROWLEY, Appellant. No. 48,174Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. TRIAL — Inability of Jury to Agree — Mistrial a Matter of Judicial Discretion. The trial court may declare a mistrial when it finds the jury is unable […]

292 P.2d 688 PERCY WHITAKER, Appellant, v. WILLIAM H. DOUGLAS, et al., Appellees. No. 39,888Supreme Court of Kansas Opinion filed January 28, 1956. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Common Law Action for Damages — Workman Under Subcontractor — Remedy. Individuals, doing business as the Douglas Construction Company, whose trade and business was construction […]

681 P.2d 15 CENTRAL SECURITY MUTUAL INSURANCE COMPANY, Appellant, v. VICTORIA DePINTO and CINDY DIRKSEN, Appellees, and HESSTON COLLEGE, Intervenor/Appellee. No. 55,290Supreme Court of Kansas Opinion filed April 27, 1984. SYLLABUS BY THE COURT 1. INSURANCE — Construction of Insurance Policy. An insurance policy is a contract. The plain and unambiguous language contained within the […]

443 P.2d 284 THE STATE OF KANSAS, Appellee, v. FLOYD SCHROEDER, a/k/a HENRY FLOYD SCHROEDER, Appellant. No. 45,271Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT PERJURY — Motion to Quash Information — Admissibility of Evidence — Instructions — Refusing Jurors to Testify — Judicial Department Reform Act. In an appeal […]