Kansas Court Opinions – Page 20

STATE v. JONES, 231 Kan. 366 (1982)

644 P.2d 464 STATE OF KANSAS, Appellant, v. T.L. JONES, Appellee. No. 53,813Supreme Court of Kansas Opinion filed May 8, 1982. SYLLABUS BY THE COURT AUTOMOBILES — Driving While License Suspended — Proof Required by State. In a prosecution under K.S.A. 1981 Supp. 8-262, for driving while one’s license is suspended, it is incumbent upon […]

STATE v. 1978 CHEVROLET AUTOMOBILE, 17 Kan. App. 2d 144 (1992)

835 P.2d 1376 STATE OF KANSAS, Appellee, v. 1978 CHEVROLET AUTOMOBILE, VIN #1L69U8J314191, and $31,550 UNITED STATES CURRENCY, (DOUGLAS KOEHLER and RANDY KROENING), Appellants. No. 66,573Court of Appeals of Kansas Opinion filed June 19, 1992 SYLLABUS BY THE COURT 1. DRUGS — Civil Forfeiture Action — Forfeiture of Money in Close Proximity to Controlled Substance […]

STATE v. PRUITT, 42 Kan. App. 2d 166 (2009)

STATE OF KANSAS, Appellee, v. JUSTIN L. PRUITT, Appellant. No. 100,039.Court of Appeals of Kansas. Opinion filed June 19, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Mistrial — Grant or Denial of Motion for Mistrial — Appellate Review. Under K.S.A. 22-3423(1)(c), a trial court may order a mistrial if it finds that prejudicial conduct, […]

QUENZER v. QUENZER, 2 Kan. App. 2d 345 (1978)

578 P.2d 1144 ANITA J. QUENZER, Appellee, v. LLOYD L. QUENZER, Appellant. No. 49,244Court of Appeals of Kansas Opinion filed June 2, 1978 Affirmed, 225 Kan. 83. SYLLABUS BY THE COURT DIVORCE — Property Settlement Agreement — Satisfaction of Mortgage Obligation by Third Party. Where a property settlement agreement calls for one party to pay […]

STATE v. AIKINS, 261 Kan. 346 (1997)

932 P.2d 408 STATE OF KANSAS, Appellee, v. ROBERT AIKINS, Appellant. No. 74,582Supreme Court of Kansas Opinion filed January 24, 1997. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Suppression of Evidence — Appellate Review. When reviewing a trial court’s suppression of evidence, the appellate courts normally give great deference to the factual findings […]

FOLEY CO. v. SCOTTSDALE INS. CO., 28 Kan. App. 2d 219 (2000)

15 P.3d 353 FOLEY COMPANY and ROYAL INSURANCE CO., Appellees, v. SCOTTSDALE INSURANCE CO., Appellant/Cross-appellee, and CRETCHER-LYNCH COMPANY and ALL TEMPERATURE INSULATION, INC., d/b/a AT ABATEMENT SERVICES, INC., Appellees, v. MONTGOMERY COLLINS, INC., and HOWARD FELBER, Appellees/Cross-appellants. No. 84,018Court of Appeals of Kansas Opinion filed December 1, 2000. SYLLABUS BY THE COURT 1. AGENCY — […]

MALONE v. UNIVERSITY OF KANSAS MEDICAL CENTER, 220 Kan. 371 (1976)

552 P.2d 885 ROSE MALONE and GRANT MALONE, Appellants, v. THE UNIVERSITY OF KANSAS MEDICAL CENTER, et al., Appellees. No. 48,025Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Constitutional Grounds Submitted for First Time — No Review. Where constitutional grounds for reversal of a judgment […]

SHAW v. STATE, 35 Kan. App. 2d xiv (2006)

Shaw v. State. No. 94,251.Court of Appeals of Kansas. May 5, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.

STATE v. BRYAN, 33 Kan. App. 2d 382 (2004)

102 P.3d 496 STATE OF KANSAS, Appellee, v. RANDY JAMES BRYAN, Appellant. No. 90,881.Court of Appeals of Kansas. Opinion filed December 23, 2004. Aff’d 281 Kan. 157, ___ P.3d ___ (2006). SYLLABUS BY THE COURT1. CRIMINAL LAW — Lewd and Lascivious Behavior. K.S.A. 2003 Supp. 21-3508, lewd and lascivious behavior, is construed and applied. 2. […]

DIEFENBACH v. STATE HIGHWAY COMMISSION, 195 Kan. 445 (1965)

407 P.2d 228 EDWIN J. DIEFENBACH and MILDRED I. DIEFENBACH, His Wife, and EDNA DIEFENBACH, Landowners, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Condemner, Appellee. No. 44,179Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Verdict Supported by Evidence — Conclusive on Appeal. It is […]

CHAPMAN v. BEECH AIRCRAFT CORP., 20 Kan. App. 2d 962 (1995)

894 P.2d 901 MELVA CHAPMAN, Appellant, v. BEECH AIRCRAFT CORPORATION, Appellee. No. 72,299Court of Appeals of Kansas Opinion filed April 21, 1995 Aff’d 258 Kan. 653 (1995). SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Going and Coming Rule. K.S.A. 1990 Supp. 44-508(f), commonly known as the “going and coming rule,” excludes from the Workers […]

GROSSMAN v. BRUCE, 32 Kan. App. 2d xxii (2004)

Grossman v. Bruce. No. 90,774.Court of Appeals of Kansas. February 13, 2004. Appeal from the Reno. Unpublished Opinions Affirmed.

STATE v. RASDALL, 287 Kan. 768 (2009)

State v. Rasdall. No. 97,913.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.

STATE v. PATTEN, 32 Kan. App. 2d xxxix (2004)

State v. Patten. No. 90,255.Court of Appeals of Kansas. May 14, 2004. Appeal from the McPherson. Unpublished Opinions Comictions affirmed; sentence vacated; remanded with directions.

STATE v. PETERMAN, 278 Kan. 850 (2004)

STATE v. PETERMAN. No. 90,120.Supreme Court of Kansas. December 15, 2004. Reported below Unpublished. Petition for review Granted.

HENDREN v. CITY OF KANSAS CITY, 172 Kan. 56 (1951)

238 P.2d 510 TAYLOR HENDREN and GOLDIE HENDREN, Appellees, v. CITY OF KANSAS CITY, KANSAS, Appellant. No. 38,421Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT 1. PLEADING — Alleging “Public Nuisance” — Issues Tried on Facts Pleaded. Plaintiffs sued the city for damages for the alleged wrongful death of their […]

STATE v. DONALDSON, 35 Kan. App. 2d 540 (2006)

133 P.3d 154 STATE OF KANSAS, Appellee, v. RONALD DONALDSON, Appellant. Nos. 92,530, 92,531.Court of Appeals of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Illegal Sentence — May Be Corrected by Court at Any Time. K.S.A. 22-3504(1) provides that a court may correct an illegal sentence at any time. […]

STATE v. SCHROEDER, 277 Kan. 927 (2004)

STATE v. SCHROEDER. No. 90,011.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.

BEHRMANN v. PUBLIC EMPLOYEES RELATIONS BOARD, 225 Kan. 435 (1979)

591 P.2d 173 MICKEY BEHRMANN, Plaintiff-Appellee, v. PUBLIC EMPLOYEES RELATIONS BOARD, Defendant-Appellant. No. 50,090Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Kansas Constitution — Judiciary — Vesting of Powers. The judicial power of this state shall be vested exclusively in one court of justice, which shall […]

IN RE MARRIAGE OF KILLMAN, 23 Kan. App. 2d 975 (1997)

939 P.2d 970 In the Matter of the Marriage of DIANA I. KILLMAN a/k/a DIANA I. BOCK, Appellant, and KURT KILLMAN, Appellee. No. 75,837Court of Appeals of Kansas Opinion filed May 23, 1997. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Name Change of Child of Marriage — Court’s Jurisdiction in Divorce Proceeding to […]

SMITH v. MILFELD, 19 Kan. App. 2d 252 (1993)

869 P.2d 748 JOHN R. SMITH, Appellant, v. DOUGLAS J. MILFELD, M.D., and BADR IDBEIS, M.D., Appellees. No. 68,971[1] Court of Appeals of Kansas Opinion filed August 20, 1993 Petition for review denied 253 Kan. 861 (1993). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by […]

IN RE WILSON, 43 Kan. App. 2d 258 (2010)

In The Matter of the Marriage of SHANNON M. WILSON, Appellee, and BRUCE A. WILSON, Appellant. No. 100,780.Court of Appeals of Kansas. Opinion filed January 29, 2010. SYLLABUS BY THE COURT1. DIVORCE — Child Support — Appellate Review. Appellate courts review an award of child support for abuse of discretion. The district court necessarily abuses […]

STATE v. POAGE, 280 Kan. 989 (2005)

State v. Poage. No. 93,911.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.

RAMOS v. KANSAS DEPT. OF CORRECTIONS, 284 Kan. 946 (2007)

Ramos v. Kansas Dept. of Corrections. No. 97,686.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.

BEARD v. BEARD, 12 Kan. App. 2d 540 (1988)

750 P.2d 1059 JAMES D. BEARD, Appellee, v. EDWINA L. BEARD, Appellant. No. 60,919Court of Appeals of Kansas Opinion filed March 3, 1988 SYLLABUS BY THE COURT 1. DIVORCE — Property Settlement Agreement — Incorporation of Agreement into Divorce Decree — Subsequent Modification of Agreement When Allowed. In a divorce action, matters settled by an […]

MUNSON v. TRI-STATE COMMODITIES, INC., 33 Kan. App. 2d 153 (2004)

98 P.3d 990 GREG MUNSON d/b/a GREG MUNSON TRUCKING, Appellee, v. TRI-STATE COMMODITIES, INC., A Kansas Corporation, Defendant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Intervenor/Appellant. No. 91,348.Court of Appeals of Kansas. Opinion filed October 15, 2004. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Executions and Orders of Sale — Substitution of Judgment Creditor. […]

WICHITA FROZEN FOODS v. UNION NATIONAL BANK OF WICHITA, 190 Kan. 539 (1962)

376 P.2d 933 WICHITA FROZEN FOODS COMPANY, INC., a corporation, Appellee, v. THE UNION NATIONAL BANK OF WICHITA, a corporation, Appellant. No. 42,933Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT 1. BANKS — Check With an Unauthorized Signature Defined. The term “or a check with an unauthorized signature” as used […]

DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 1-3-2003)

61 P.3d 124Court of Appeals of Kansas January 3, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Droge 86949 Pottawatomie 1/3/2003 Affirmed Schmidt v. State 87857 Cowley 1/3/2003 Reversed and remanded with directions State v. Hilson 87869 Sedgwick 1/3/2003 Affirmed C.A.M., In re 88080 Sedgwick 1/3/2003 Affirmed Tax Exemption 88369 Board […]

CITIES SERVICE GAS CO. v. STATE CORPORATION COMMISSION, 201 Kan. 223 (1968)

440 P.2d 660 CITIES SERVICE GAS COMPANY, a corporation, NORTHERN NATURAL GAS COMPANY, a corporation, NATURAL GAS PIPELINE COMPANY OF AMERICA, a corporation, Appellees, v. STATE CORPORATION COMMISSION OF KANSAS, William L. Mitchell, Chairman, James O. Greenleaf and Harry G. Wiles, as members of said Commission, and their respective successors in office, Appellant. No. 44,931Supreme […]

STATE v. GARNER, 237 Kan. 227 (1985)

699 P.2d 468 STATE OF KANSAS, Appellee, v. J.T. GARNER, a/k/a J. TED GARNER, Appellant. No. 56,770Supreme Court of Kansas Opinion filed May 10, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Sufficiency of Information — Sufficiency of Evidence to Prove Attempted Felony Theft and Felony Murder — Hearsay Testimony — […]

WHISENANT v. WHISENANT, 219 Kan. 387 (1976)

548 P.2d 470 BILLY RAY WHISENANT, Appellant, v. JOYCE MARIE WHISENANT a/k/a JOYCE MARIE SWAFFORD, formerly known as JOYCE MARIE TAMASHIRO, Appellee, and TAMMY FUMIKO TAMASHIRO, a minor female, through her natural mother and next friend, JOYCE MARIE WHISENANT, (Defendant). No. 47,898Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT WRIT […]

STATE v. MILLER, 214 Kan. 538 (1974)

520 P.2d 1248 THE STATE OF KANSAS, Appellee, v. LAUREN JAMES MILLER, Appellant. No. 47,292Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Annulment of Certain Convictions — Purpose of Statute. K.S.A. 1972 Supp. 21-4616 providing for the annulment of convictions was enacted to relieve youthful offenders […]

BURNETT v. STATE, 36 Kan. App. 2d xii (2006)

Burnett v. State. No. 94,989.Court of Appeals of Kansas. July 28, 2006. Appeal from the Riley. Unpublished Opinions Affirmed.

SMITH-ALLEGREE v. STATE, 32 Kan. App. 2d xxx (2004)

Smith-Allegree v. State. No. 90,392.Court of Appeals of Kansas. May 28, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.

STATE v. SMITH, 223 Kan. 294 (1978)

574 P.2d 161 STATE OF KANSAS, Appellee, v. WARREN SMITH, Appellant. No. 48,493Supreme Court of Kansas Opinion filed January 21, 1978. OPINION ON REHEARING SYLLABUS BY THE COURT 1. CRIMINAL LAW — Miranda — Post-arrest Silence — Cannot Be Used for Impeachment Purposes. The use for impeachment purposes of a defendant’s silence at the time […]

STATE v. PARKER, 281 Kan. 1381 (2006)

State v. Parker. No. 92,541.Supreme Court of Kansas. May 10, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Granted.

STATE v. WALKER, 196 Kan. 464 (1966)

413 P.2d 128 THE STATE OF KANSAS, Appellee, v. ODOM WALKER, Appellant. No. 44,239Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Conviction and Sentence — Application for Probation — Acquiescence in Judgment — Review Precluded. A defendant in a criminal action, by applying for probation from the […]

CONNER v. KOCH OIL CO., 245 Kan. 250 (1989)

777 P.2d 821 WILDA FRANCES YOUNG CONNER, Appellant, v. KOCH OIL COMPANY, a division of KOCH INDUSTRIES, INC.; DARREL PATTESON; FRANK PATTESON; and PATTESON BROTHERS, INC., Appellees. No. 62,658Supreme Court of Kansas Opinion filed July 14, 1989. SYLLABUS BY THE COURT 1. CONTRACTS — Reformation of Instruments — Mutual Mistake of Fact — Equitable Remedy. […]

STATE v. MONDRAGON, 289 Kan. 1158 (2009)

220 P.3d 369 STATE OF KANSAS, Appellee, v. JOE N. MONDRAGON, Appellant. No. 100,510.Supreme Court of Kansas. Opinion filed December 4, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Mandatory Minimum Sentence — Departure Sentence When Mitigating Circumstances Compelling — Trial Court Discretion — Appellate Review. When an appellate court reviews a district […]

TOVAR v. IBP, INC., 15 Kan. App. 2d 782 (1991)

817 P.2d 212 MIGUEL C. TOVAR, Appellant, v. IBP, INC., Appellee. No. 66,293Court of Appeals of Kansas Opinion filed August 30, 1991 Petition for review denied November 5, 1991. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Proof of Existence, Nature, and Extent of Disability — Medical Testimony Not Required. The existence, nature, and extent […]

STATE v. MYERS, 6 Kan. App. 2d 906 (1981)

636 P.2d 213 STATE OF KANSAS, Appellee, v. TERRY MYERS, Appellant. No. 52,345Court of Appeals of Kansas Opinion filed November 25, 1981 SYLLABUS BY THE COURT CRIMINAL LAW — Theft — Obtaining Control over Stolen Property — Transfer of Interest Required for Conviction. When there is no transfer of interest in or possession of stolen […]

IN RE R.T., 35 Kan. App. 2d xiii (2006)

In re R.T. No. 93,981.Court of Appeals of Kansas. February 17, 2006. Appeal from the Reno. Unpublished Opinions Affirmed.

STATE v. SHERMAN, 280 Kan. 990 (2005)

State v. Sherman. No. 91,594.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.

STATE v. MORALES, 35 Kan. App. 2d xviii (2006)

State v. Morales. No. 93,958.Court of Appeals of Kansas. February 17, 2006. Appeal from the Finney. Unpublished Opinions Affirmed.

STATE v. COOPER, 36 Kan. App. 2d xix (2006)

State v. Cooper. No. 95,633.Court of Appeals of Kansas. November 9, 2006. Appeal from the Clay. Unpublished Opinions Affirmed.

MONTOY v. STATE, 278 Kan. 765 (2005)

102 P.3d 1158 ERIC AND RYAN MONTOY, et al., Plaintiffs/Appellees, v. STATE OF KANSAS, et al., Defendants. KANSANS FOR THE SEPARATION OF SCHOOL AND STATE, Proposed Intervenor/Appellant. No. 91,915.Supreme Court of Kansas. Opinion filed January 3, 2005. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Intervention — Judicial Discretion. Intervention is a matter of judicial discretion. […]

STATE v. BOSTER, 217 Kan. 618 (1975)

539 P.2d 294 STATE OF KANSAS, Appellee, v. JACK BOSTER, Appellant. No. 47,655Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Challenging Legality of Search — Proprietary or Possessory Interest — Ownership in Seized Property. One who seeks to challenge the legality of a search as […]

STATE v. SHAYLOR, 284 Kan. 950 (2007)

State v. Shaylor. No. 96,374.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.

STATE v. AGOSTO, 271 Kan. 888 (2001)

27 P.3d 423 STATE OF KANSAS, Appellant, v. ENCARNACION E. AGOSTO, Appellee. No. 85,002Supreme Court of Kansas Opinion filed: July 13, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Postrelease Supervision after Offender Completed Correctional Conservation Camp — No Retroactive Application of Statute Allowed. K.S.A. 1999 Supp. 21-4603d(e) prescribes the punishment for a […]

PROGRESSIVE CAS. INS. v. BENCHMARK INS., 35 Kan. App. 2d xiv (2006)

Progressive Cas. Ins, Co. v. Benchmark Ins. Co. No. 94,466.Court of Appeals of Kansas. June 23, 2006. Appeal from the Sedgwick. Unpublished Opinions Reversed; remanded.

STICE v. BEACON NEWSPAPER CORPORATION, 185 Kan. 61 (1959)

340 P.2d 396 JOHN STICE, Appellant, v. THE BEACON NEWSPAPER CORPORATION, INC., Appellee. No. 41,384Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT LIBEL AND SLANDER — Newspaper Publication — Qualified Privilege — Necessity to Allege Actual Malice — Demurrer to Petition. The record in an action to recover damages for […]

BOTTENBERG IMPLEMENT CO. v. SHEFFIELD, 171 Kan. 67 (1951)

229 P.2d 1004 BOTTENBERG IMPLEMENT CO., INC., Appellee, v. J.B. SHEFFIELD and M.C. FINNEY, Appellants. No. 38,216Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT 1. TRIAL — Findings of Trial Court — Conformity to Pleadings and Proof. Where the trial court is requested to and does make findings of fact […]

McGREGOR v. TURNER, 205 Kan. 386 (1970)

469 P.2d 324 ALETA McGREGOR, Appellee, v. WESLEY TURNER, Appellant. No. 45,663Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT 1. TRIAL — Claims of Separate Parties — Joinder of Parties. Under K.S.A. 60-220 (a) claims of separate parties must arise out of the same transaction or occurrence or series of […]

STATE v. PIERCE, ET AL., 205 Kan. 433 (1970)

469 P.2d 308 THE STATE OF KANSAS, Appellant, v. VERNON S. PIERCE, RICHARD ALEXANDER, HENRY DAVIS, NOEL D. NEWSOM, FRED M. JOHNSON, JOHN H. MANNING, LEONARD HARRISON, HAROLD COLE and SAMUEL JARVIS HUNT, Appellees. No. 45,682Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Charging Several […]

STATE v. LATURNER, 289 Kan. 727 (2009)

218 P.3d 23 STATE OF KANSAS, Appellee, v. MICHAEL EDWARD LATURNER, Appellant. No. 96,086.Supreme Court of Kansas. Opinion filed October 9, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Forensic Laboratory Certificate — Defendant Entitled to Confront Analyst at Trial Who Signed Certificate. A forensic laboratory certificate complying with K.S.A. 22-3437 and K.S.A. 53-601 is […]

STATE v. LOVATO, 280 Kan. 988 (2006)

State v. Lovato. No. 92,762.Supreme Court of Kansas. February 14, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.

BROWN v. EAST SIDE NATIONAL BANK, 196 Kan. 372 (1966)

411 P.2d 605 VAL J. BROWN and JOSEPHINE BROWN, Appellees, v. EAST SIDE NATIONAL BANK OF WICHITA, a Kansas Corporation, and H. CORNELL SMITH, Appellants and Cross-Appellees, and ROBERT LIGHTNER, Cross-Appellant. No. 44,359Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT 1. ASSIGNMENTS — Written Acceptance Subject to Condition. The consent […]

STATE v. NIOCE, 239 Kan. 127 (1986)

716 P.2d 585 STATE OF KANSAS, Appellant, v. BENNIE NIOCE, Appellee, and STATE OF KANSAS, Appellant, v. EMERY L. NEGONSOTT, Appellee. Nos. 58,328, 58,530Supreme Court of Kansas Opinion filed March 28, 1986. SYLLABUS BY THE COURT CRIMINAL LAW — Indian Reservations — Crimes Committed by or against Indians on Reservations — State or Federal Jurisdiction. […]

STATE v. TITSWORTH, 93,003 (Kan.App. 6-24-2005)

113 P.3d 834 STATE v. TITSWORTH. Nos. 93,003, 93,004.Court of Appeals of Kansas. June 24, 2005. Appeal from Butler. Decision without published opinion. Affirmed.

STATE v. McCLANAHAN, 254 Kan. 104 (1993)

865 P.2d 1021 STATE OF KANSAS, Appellee, v. ROY McCLANAHAN, Appellant. No. 68,202Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense — Appellate Review. The trial court has an affirmative duty to instruct the jury on all lesser included offenses for […]

CITY OF KANSAS CITY v. BOARD OF COUNTY COMMISSIONERS, 213 Kan. 777 (1974)

518 P.2d 403 CITY OF KANSAS CITY, KANSAS, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF WYANDOTTE COUNTY, KANSAS, Appellee, and CITY OF PIPER CITY, KANSAS, Intervenor-Appellee. No. 47,110Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Term “Any Person” Includes Cities. It appears manifest the legislature intended […]

STATE v. REMMERS, 32 Kan. App. 2d xl (2004)

State v. Remmers. No. 89,721.Court of Appeals of Kansas. January 9, 2004. Appeal from the Marion. Unpublished Opinions Affirmed.

STATE v. LAFLEUR, 34 Kan. App. 2d 652 (2005)

122 P.3d 831 STATE OF KANSAS, Appellee, v. SCOTT GENE LAFLEUR, Appellant. Petition for review denied 281 Kan. 1380 (2006). No. 92,886.Court of Appeals of Kansas. Opinion filed November 18, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Trial Court’s Failure to Give Jury Instruction — Appellate Review. It is well established that our […]

BELL v. SIMON, 246 Kan. 473 (1990)

790 P.2d 925 FLETCHER BELL, COMMISSIONER OF INSURANCE, AS ADMINISTRATOR OF THE KANSAS HEALTH CARE STABILIZATION FUND, et al., Appellants, v. JESSICA M. SIMON, a Minor, HATTIE FILLENWARTH, and STEPHEN J. BAZZANO, D.O., Appellees. No. 63,845Supreme Court of Kansas Opinion filed April 13, 1990. SYLLABUS BY THE COURT 1. STATUTES — Construction. General principles of […]

STATE v. JONES, 233 Kan. 112 (1983)

660 P.2d 948 STATE OF KANSAS, Appellee, v. HAROLD JONES, Appellant. No. 54,599Supreme Court of Kansas Opinion filed March 26, 1983. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Witness — Qualifications — Admissibility of Testimony — Trial Court Discretion. The qualifications of expert witnesses and the admissibility of expert testimony are matters which lie […]

STATE v. TREADWELL, 223 Kan. 577 (1978)

575 P.2d 550 STATE OF KANSAS, Appellee, v. IVAN W. TREADWELL, Appellant. No. 49,082Supreme Court of Kansas Opinion filed February 25, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Voluntariness. Sufficient evidence was introduced at a separate hearing to establish the voluntariness and to justify the admission of the taped confession at […]

STATE v. ANDERSON, 36 Kan. App. 2d xviii (2006)

State v. Anderson. Nos. 94,792, 94,793.Court of Appeals of Kansas. September 1, 2006. Appeal from the Johnson. Unpublished Opinions Affirmed.

PENCE v. CENTEX CONSTRUCTION CO., 189 Kan. 718 (1962)

371 P.2d 100 ROSE PENCE, Widow, and Guardian of CONSTANCE JOYCE PENCE, Minor Child (Walter M. Pence, Deceased), (Claimants), Appellees, v. CENTEX CONSTRUCTION COMPANY, INC. (Respondent), and UNITED STATES FIDELITY AND GUARANTY COMPANY (Insurance Carrier), Appellants. No. 42,837Supreme Court of Kansas Opinion filed May 5, 1962. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Accidental Injury […]

BOOK OF ACTS CHURCH v. JONES, 91,482 (Kan.App. 8-26-2005)

118 P.3d 177 BOOK OF ACTS CHURCH v. JONES. No. 91,482.Court of Appeals of Kansas. August 26, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed in part and remanded with directions in part.

MIDWEST GAS USERS’ ASS’N v. KANSAS CORP. COMM., 30 Kan. App. 2d 61 (2002)

40 P.3d 313 MIDWEST GAS USERS’ ASSOCIATION, Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. No. 87,861Court of Appeals of Kansas Opinion filed: January 11, 2002. SYLLABUS BY THE COURT 1. JUDGMENTS — Due Process — Proper Notice of Pendency of Action Required to Be Given to Interested Parties — Judgment […]

STATE v. PERRIGO, 10 Kan. App. 2d 651 (1985)

708 P.2d 987 STATE OF KANSAS, Appellee, v. JOE W. PERRIGO, Appellant. No. 56,286[1] Court of Appeals of Kansas Opinion filed May 31, 1985 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 7, 1985, pursuant to Rule 7.04. SYLLABUS BY THE […]

IN RE MARRIAGE OF OSBORNE, 21 Kan. App. 2d 374 (1995)

901 P.2d 12 In the Matter of the Marriage of MANUEL L. OSBORNE, deceased, Petitioner, and PATRICIA OSBORNE, Respondent/Appellee, and SHARON OSBORNE, Intervenor/Appellant. No. 72,532Court of Appeals of Kansas Opinion filed July 28, 1995 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Application to Intervene — Denial of Application — Final Appealable Order. An order […]

STATE EX REL. SCHNEIDER v. KENNEDY, 225 Kan. 13 (1978)

587 P.2d 844 STATE OF KANSAS ex rel. CURT T. SCHNEIDER, Attorney General, Petitioner, v. THOMAS J. KENNEDY, Director, Alcoholic Beverage Control, Respondent, THE KANSAS HOTEL AND MOTEL ASS’N, INC., Intervenor. No. 50,263Supreme Court of Kansas Opinion filed December 5, 1978. SYLLABUS BY THE COURT 1. INTOXICATING LIQUORS — Liquor by the Drink in Restaurants […]

WARE v. ANW, 39 Kan. App. 2d 397 (2007)

180 P.3d 610 DANIEL WARE, III, a minor, by and through his parents and guardians, DANIEL and JENNI WARE, Appellants, v. ANW SPECIAL EDUCATIONAL COOPERATIVE NO. 603, Appellee. No. 98,236.Court of Appeals of Kansas. Opinion filed April 11, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment is […]

ALLIED MUTUAL INS. CO. v. MOEDER, 30 Kan. App. 2d 729 (2002)

48 P.3d 1 ALLIED MUTUAL INSURANCE COMPANY and REBECCA S. REGAN, Plaintiffs, v. NATHAN A. MOEDER, Defendant/Third-Party Plaintiff/Appellant, v. SHELTER MUTUAL INSURANCE COMPANY, Third-Party Defendant/Appellee. No. 87,405Court of Appeals of Kansas Opinion filed: June 7, 2002. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application — Appellate Review. Summary judgment is appropriate when the pleadings, […]

STATE v. JONES, 35 Kan. App. 2d xvii (2006)

State v. Jones. No. 93,480.Court of Appeals of Kansas. March 24, 2006. Appeal from the Harvey. Unpublished Opinions Affirmed.

GRAYSON v. GRAYSON, 182 Kan. 285 (1958)

320 P.2d 803 SHEILA LYNN GRAYSON, VINCENT ROCKY GRAYSON, and BEVERLY GRAYSON, by FRANCIS LOGAN, Their Mother and Next Friend, Appellees, v. CARL R. GRAYSON, Appellee, JOHN E. PYLES, Attorney at Law, Appellant. No. 40,719Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT 1. BASTARDY — Duty to Support. The father […]

RUCKER PROPS. v. FRIDAY, 41 Kan. App. 2d 664 (2009)

204 P.3d 671 RUCKER PROPERTIES, L.L.C., A KANSAS LIMITED LIABILITY COMPANY, Appellant, v. JANET S. FRIDAY AND JOHN W. FRIDAY, et al., Appellees. No. 98,646.Court of Appeals of Kansas. Opinion filed April 10, 2009. SYLLABUS BY THE COURT1. REAL PROPERTY — Right of First Refusal to Purchase Land if Owner Desires to Sell It — […]

GIDEON v. BO-MAR HOMES, INC., 205 Kan. 321 (1970)

469 P.2d 272 GLENN GIDEON and WILMETTA GIDEON, Appellants, v. BO-MAR HOMES, INC., ALLIED BUILDING CREDITS and ALLIED CONCORD FINANCIAL CORPORATION, Appellees. No. 45,641Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT 1. TRIAL — Dismissal of Actions. The adoption of K.S.A. 60-241 (a) (2) was thought necessary and desirable to […]

GOOCH v. BETHEL A.M.E. CHURCH, 246 Kan. 663 (1990)

792 P.2d 993 JAMES E. GOOCH, SR., et al., Appellants, v. BETHEL A.M.E. CHURCH, et al., Appellees. No. 63,729Supreme Court of Kansas Opinion filed May 25, 1990. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application — Negligence Actions. Rules relating to the granting of summary judgment in a negligence action are stated and applied. […]

ATWELL v. IMSEIS, 37 Kan. App. 2d 435 (2007)

154 P.3d 511 MERRITT ATWELL, Appellant, v. MIKHAIL IMSEIS, M.D., Appellee. No. 94,726.Court of Appeals of Kansas. Opinion filed March 23, 2007. SYLLABUS BY THE COURT1. TRIAL — Voir Dire — Failure to Use Proposed Questionnaire Not Error When Most of Questions Asked and No Time Limit Placed on Voir Dire. When most of the […]

MOORE v. KANSAS TURNPIKE AUTHORITY, 181 Kan. 840 (1957)

317 P.2d 384 In the Matter of the Condemnation of Land for Kansas Turnpike Project. ORA ETHEL MOORE, Appellee and Cross-Appellant, v. KANSAS TURNPIKE AUTHORITY, Appellant and Cross-Appellee. No. 40,335Supreme Court of Kansas Opinion on rehearing filed October 25, 1957. OPINION ON REHEARING SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Separate Appeals Not Severable […]

IN RE MARRIAGE OF JONES, 22 Kan. App. 2d 753 (1996)

921 P.2d 839 In the Matter of the Marriage of MARY A. JONES, Appellant/Cross-Appellee, and WILLIAM J. JONES, Appellee/Cross-Appellant. Case No. 73,754.Court of Appeals of Kansas Opinion filed: August 9, 1996. Petition for review denied 260 Kan. 993 (1996). SYLLABUS BY THE COURT 1. EQUITY — Laches — Application to Bar Stale Claims. The doctrine […]

HODGES v. JOHNSON, 39 Kan. App. 2d 220 (2008)

178 P.3d 59 MERLE J. “Boo” HODGES M.D. and MELISSA R. HODGES, Appellants/Cross-appellees, v. JIM JOHNSON d/b/a JOHNSON AND ASSOCIATES, Appellee/Cross-appellant. No. 97,062.Court of Appeals of Kansas. Opinion filed March 14, 2008. SYLLABUS BY THE COURT1. UNIFORM COMMERCIAL CODE — Implied Warranty of Merchantability for Goods Sold — Breach of Implied Warranty — Question of […]

BARTEN v. TURKEY CREEK WATERSHED JOINT DISTRICT NO. 32, 200 Kan. 489 (1968)

438 P.2d 732 ROYAL BARTEN, EDWIN ANDERES, WILLIAM KINGSBURY, ALFRED BARTEN, CAROLYN BARTEN, GEORGE TISCHHAUSER, ALDEN BARTEN, MARA LYNNE BARTEN, FRED BARTEN, LOWELL BARTEN, CLINTON ANDERES, WAYNE BEEMER, GEORGE PIPER, C.A. PIPER, T.E. PIPER, ALBERT PIPER, ELEANOR MURPHY, WILLIAM SCHWARTZMAN, OTILLIA HEIN, and the STATE OF KANSAS, ex rel., MAX M. HINKLE, County Attorney of […]

KING v. KING, 185 Kan. 742 (1959)

347 P.2d 381 MARTHA KING, Appellant, v. GEORGE W. KING, Appellee. No. 41,560Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. DIVORCE — Action for Separate Maintenance, Alimony and Property Division — Foreign Divorce — Answer — Full Faith and Credit. The parties in this action were married and lived […]

BUTEL MOTORS, INC., v. WARSOP, 176 Kan. 491 (1954)

271 P.2d 237 BUTEL MOTORS, INC., Appellant, v. LESTER WARSOP, Appellee. No. 39,393Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT REPLEVIN — Amending Lien Statement — Sufficiency of Judgment — New Trial Denied. The record examined in an action for the replevin of an automobile, and held, that the trial […]

STATE v. SANDSTROM, 225 Kan. 717 (1979)

595 P.2d 324 STATE OF KANSAS, Appellee, v. MILDA R. SANDSTROM, Appellant. No. 49,812Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT CRIMINAL LAW — Absence of Defendant from In-Chamber Hearings — Hiring of Special Prosecutor — Defense Erroneously Required to Supply State with Statements of Witnesses — Jury Selection — […]

IN RE NEAL, 262 Kan. 562 (1997)

937 P.2d 1234 In the Matter of WILLIAM E. NEAL, JR., Respondent. No. 78,342.Supreme Court of Kansas Opinion filed May 30, 1997. ORIGINAL PROCEEDING IN DISCIPLINE APPEAL AND ERROR — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed May 30, 1997. Disbarment. Stanton A. Hazlett, chief deputy disciplinary administrator, argued the cause, and […]

COX v. LESKO, 263 Kan. 805 (1998)

953 P.2d 1033 KIMBERLY R. COX, Appellant, v. PAUL LESKO, M.D., Appellee. No. 73,344Supreme Court of Kansas Opinion filed January 30, 1998. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — When Party Is Entitled to Instruction That Supports Its Theory of Case. A party is entitled to an instruction explaining its theory of […]

IN RE TRICKEY, 268 Kan. 835 (2000)

999 P.2d 964 In the Matter of JAMES C. TRICKEY, Respondent. No. 83,937Supreme Court of Kansas Opinion filed: March 10, 2000 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed March 10, 2000. Published censure. Frank D. Diehl, deputy disciplinary administrator, argued the cause and […]

STATE v. WILLIAMS, 278 Kan. 852 (2004)

STATE v. WILLIAMS. No. 90,030.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.

IN RE ESTATE OF HEILIG, 211 Kan. 608 (1973)

506 P.2d 1147 In the Matter of the Estate of H.B. Heilig, Deceased. HENRY DAVIS, as Executor of the Will and Estate of Amanda B. Davis, Appellant, v. MARCELLA D. DAVIS RODGERS, Appellee. No. 46,888Supreme Court of Kansas Opinion filed March 3, 1973. MEMORANDUM OPINION WILLS — Codicils — Revocation Not Effected. Appeal from Pawnee […]

MANHATTAN BROADCASTING, INC. v. WEBER, 287 Kan. 765 (2008)

Manhattan Broadcasting, Inc. v. Weber. No. 99,198.Supreme Court of Kansas. November 4, 2008. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.

TILLMAN v. STATE, 215 Kan. 365 (1974)

524 P.2d 772 EARNEST TILLMAN, Appellant, v. STATE OF KANSAS, Appellee. No. 47,327Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — K.S.A. 60-1507 Ordinarily Not Used as Substitute for Direct Appeal — No Substitute for Second Appeal — Appeal Involving Constitutional Rights Considered — Excusing Failure to […]