798 P.2d 960 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1596, RUSSELL BRICKELL, DENNIS O’BRIEN, RICK LAUGHLIN, AND ROBERT KENT, Appellants, v. THE CITY OF LAWRENCE, KANSAS, Appellee. No. 64,908Court of Appeals of Kansas Opinion filed October 12, 1990 Petition for review denied 248 Kan. ___ (January 29, 1991). SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES […]
Category: Kansas Court Opinions
JOHNSTONE v. LIFELINE SYSTEMS, 35 Kan. App. 2d xiii (2006)
Johnstone v. Lifeline Systems, Inc. No. 94,988.Court of Appeals of Kansas. April 21, 2006. Appeal from the Workers Comp. Bd. Unpublished Opinions Affirmed.
OWOYEMI v. UNIVERSITY OF KANSAS, 278 Kan. 847 (2004)
OWOYEMI v. UNIVERSITY OF KANSAS. No. 91,157.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
LaGRANGE v. STATE, 275 Kan. 964 (2003)
LaGRANGE v. STATE. No. 88,877.Supreme Court of Kansas March 24, 2003. Reported below Unpublished. Petition for review denied.
HOWLAND v. STATE, 35 Kan. App. 2d xii (2006)
Howland v. State. No. 94,129.Court of Appeals of Kansas. May 5, 2006. Appeal from the Shawnee. Unpublished Opinions Affirmed.
STATE v. KESSELRING, 279 Kan. 671 (2005)
112 P.3d 175 STATE OF KANSAS, Appellee, v. MICHAEL W. KESSELRING, Appellant. No. 91,051.Supreme Court of Kansas. Opinion Filed June 3, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Jury Unanimity When Defendant Charged with Both Felony Murder and Premeditated Murder — Application of Alternative Means Test. To determine whether the jury verdict was unanimous […]
STATE v. FALCON, 278 Kan. 848 (2004)
STATE v. FALCON. No. 90,304.Supreme Court of Kansas. September 15, 2004. Reported below Unpublished. Petition for review denied.
STATE v. ZVOLANEK, 281 Kan. 1382 (2006)
State v. Zvolanek. No. 93,448.Supreme Court of Kansas. March 28, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
MONROE v. DARR, 214 Kan. 426 (1974)
520 P.2d 1197 JAMES DAVID MONROE and CHRIS APPEL, Appellants, v. JOHNNY DARR, Sheriff of Sedgwick County, Kansas, and OHIO CASUALTY INSURANCE COMPANY OF HAMILTON, OHIO, Appellees. No. 47,221Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. SHERIFFS — When Liable for Acts of Deputies. A sheriff and his sureties […]
STATE v. GREEN, 218 Kan. 438 (1975)
544 P.2d 356 STATE OF KANSAS, Appellee, v. ALAN LeROY GREEN, Appellant. No. 47,867Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. JUVENILE DELINQUENTS — Differentiating Between Ages — No Denial of Equal Protection of the Laws. The provisions of K.S.A. 38-801 (Weeks) et seq., do not deprive a child […]
ORTIZ v. ORTIZ, 180 Kan. 334 (1956)
304 P.2d 490 EVELYN ORTIZ, Appellant, v. RAFAEL ORTIZ, Appellee. No. 40,223Supreme Court of Kansas Opinion filed December 8, 1956. SYLLABUS BY THE COURT 1. DIVORCE — Support of Minor Child — Past-due Installments — Nature and Effect. Following Haynes v. Haynes, 168 Kan. 219, 212 P.2d 312, and other decisions cited in the opinion, […]
IN RE J.D.J., 266 Kan. 211 (1998)
967 P.2d 751 IN THE MATTER OF J.D.J., Respondent/Appellee. No. 80,671Supreme Court of Kansas Opinion filed November 6, 1998. SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Prosecution of Juvenile as Adult. The district court may, upon the State’s motion, authorize a juvenile to be prosecuted as an adult if the juvenile was 14, […]
NEELY v. ST. FRANCIS HOSPITAL SCHOOL OF NURSING, 192 Kan. 716 (1964)
391 P.2d 155 MARY FRANCES NEELY, Appellant, v. ST. FRANCIS HOSPITAL SCHOOL OF NURSING, INC., a Corporation, Appellee, and THE FOURTH NATIONAL BANK TRUST COMPANY, Wichita, Kansas, and L.S. LAUER, Garnishees, Appellees. No. 43,532Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT STATUTES — Assets of Nonprofit Corporation — Exempt From […]
STATE v. ROBERTSON, 203 Kan. 647 (1969)
455 P.2d 570 STATE OF KANSAS, Appellee, v. HOWARD B. ROBERTSON, Appellant. No. 45,401Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Bail — Endorsement of Additional Witnesses — Misconduct — No Prejudicial Error. In an appeal from a conviction for robbery in the first degree the record […]
STATE v. DIAZ, 291 Kan. XVII (2010)
State v. Diaz. No. 101,818.Supreme Court of Kansas. January 18, 2011. Appeal from the 44 Kan. App. 2d 870. Petitions For Review Of Decisions Of The Court Of Appeals Denied.
STATE v. BAUGHMAN, 29 Kan. App. 2d 812 (2001)
32 P.3d 199 STATE OF KANSAS, Appellee, v. DAVID G. BAUGHMAN, Appellant. No. 85,491Court of Appeals of Kansas Opinion filed: September 21, 2001. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Motion to Suppress — Appellate Review. When the facts material to a motion to suppress evidence are not in dispute, the question of […]
DOOLEY v. BLEAN, 35 Kan. App. 2d xi (2006)
Dooley v. Blean. No. 93,689.Court of Appeals of Kansas. April 7, 2006. Appeal from the Shawnee. Unpublished Opinions Reversed; remanded.
STATE v. LESLIE, 237 Kan. 318 (1985)
699 P.2d 510 STATE OF KANSAS, Appellant, v. KEVIN E. LESLIE, Appellee. No. 57,142Supreme Court of Kansas Opinion filed May 10, 1985. SYLLABUS BY THE COURT CRIMINAL LAW — Preliminary Hearing — Jurisdiction of Magistrate — Defendant Cannot Be Bound Over on Misdemeanor. At the conclusion of a preliminary hearing, the magistrate has jurisdiction under […]
SALON ENTERPRISES v. LANGFORD, 29 Kan. App. 2d 268 (2000)
30 P.3d 290 SALON ENTERPRISES, INC., Appellant, v. TOPAZE LANGFORD, Appellee. No. 84,135[1] Court of Appeals of Kansas Opinion filed: December 29, 2000. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated February 6, 2001, pursuant to Rule 7.04 (1999 Kan. Ct. R. […]
STATE v. TWENTY NINE SLOT MACHINES, 187 Kan. 356 (1960)
356 P.2d 854 STATE OF KANSAS, Appellant, v. TWENTY NINE SLOT MACHINES, the LOYAL ORDER OF MOOSE LODGE No. 1698, and the VETERANS OF FOREIGN WARS POST No. 1174, Intervenors, Appellees. No. 42,105Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT GAMING — Allowing Intervention — Demurrer. The record examined in […]
CITY OF LIBERAL v. VARGAS, 28 Kan. App. 2d 867 (2001)
24 P.3d 155 CITY OF LIBERAL, KANSAS, Appellant, v. JUAN VARGAS, Appellee. No. 85,583Court of Appeals of Kansas Opinion filed: April 13, 2001. Petition for review denied 271 Kan. 1035 (2001). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Identify Theft — Statute Construed. K.S.A. 2000 Supp. 21-4018(a) is interpreted and applied. 2. SAME — […]
BREWER v. HAND, 187 Kan. 52 (1960)
353 P.2d 518 A.W. BREWER, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellee. No. 41,848Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT HABEAS CORPUS — Parole — Commitment — Writ Denied. The record on appeal in a habeas corpus proceeding examined, and held that, under the facts, conditions […]
BUETTNER v. UNRUH, 7 Kan. App. 2d 359 (1982)
642 P.2d 124 ELVERA BUETTNER and DARLENE WENDT, Plaintiffs-Appellees, v. ARTHUR A. UNRUH d/b/a BUY NOW REALTY AUCTION COMPANY, Defendant-Appellant. No. 52,433Court of Appeals of Kansas Opinion filed March 11, 1982 SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Residential Landlord and Tenant Act — Inventory Requirement. The inventory requirement of the Residential Landlord […]
UNRAU v. KIDRON BETHEL RETIREMENT SVCS., 271 Kan. 743 (2001)
27 P.3d 1 D. CLARENCE UNRAU, LOUISE LANGENWALTER, MARY THIESSEN, F.C. LOGANBILL, and ESTHER STUCKEY, Plaintiffs/Appellants/Cross-appellees, v. KIDRON BETHEL RETIREMENT SERVICES, INC., and KIDRON BETHEL CONDOMINIUMS, INC., Defendants/Appellees/Cross-appellants. No. 84,171Supreme Court of Kansas Opinion filed: July 13, 2001. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a […]
UNITED STATES FIDELITY GUAR. v. CONTINENTAL INS, 1 Kan. App. 2d 722 (1977)
573 P.2d 1106 UNITED STATES FIDELITY GUARANTY COMPANY, a Corporation, Appellee, v. CONTINENTAL INSURANCE COMPANY, a Corporation, Appellant. No. 48,983Court of Appeals of Kansas Opinion filed December 16, 1977 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Documentary Evidence Sole Basis for Facts in Trial Court — Appellate Court May Determine Facts De Novo. […]
NELSON v. SCHOONOVER, 89 Kan. 779 (1913)
132 P. 1183 WALTER V. NELSON, Appellee, v. CLARENCE SCHOONOVER et al., Appellants. No. 18,102Supreme Court of Kansas Filed June 7, 1913 OPINION DENYING A REHEARING. SYLLABUS BY THE COURT.1. EXECUTOR — Entitled to Expense Incurred in Conducting Litigation. An executor is entitled to charge the estate with his expenses necessarily incurred in conducting litigation […]
ENLOW v. SEARS, ROEBUCK CO., 249 Kan. 732 (1991)
822 P.2d 617 BERNICE A. ENLOW, Appellant, v. SEARS, ROEBUCK AND CO., a Corporation, Third-Party Plaintiff/Appellee, v. VERNON T. WHITE, et al., Third-Party Defendants. No. 66,029Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Directed Verdict Motion — Ruling on Motion. The trial court, when ruling on […]
STATE, EX REL., v. MASTERSON, 221 Kan. 540 (1977)
561 P.2d 796 STATE OF KANSAS, ex rel., VERNON D. GRASSIE, County Attorney of Crawford County, Appellant, v. GENE E. MASTERSON, and THE WESTERN SURETY COMPANY, Sioux Falls, South Dakota, Appellees. No. 48,105Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. TRIAL — Determining Questions of Law — Function of […]
IN RE CERTIF. OF NEED APP. BY COMMUNITY PSYCHIATRIC CTR, 234 Kan. 802 (1984)
676 P.2d 107 IN THE MATTER OF THE CERTIFICATE OF NEED APPLICATION BY COMMUNITY PSYCHIATRIC CENTERS, INC., FOR THE DEVELOPMENT OF A FREE-STANDING PSYCHIATRIC HOSPITAL. EXCEPTICON MIDWEST, INC., Appellee, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, and BARBARA SABOL, Secretary, Kansas Department of Health and Environment, Appellant. Nos. 55,830, 55,831Supreme Court of Kansas Opinion filed […]
STATE v. LOUIS, 240 Kan. 175 (1986)
727 P.2d 483 STATE OF KANSAS, Appellee, v. LEONARD R. LOUIS, SR., Appellant. No. 58,951Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Taking of Blood Sample from Driver — Statutory Requirements Prior to 1985. Under K.S.A. 8-1001, as it provided prior to […]
MORRIS v. ATCHISON, T. S.F. RLY. CO., 198 Kan. 147 (1967)
422 P.2d 920 BRIAN KENT MORRIS, a minor, by Harold Morris, his father and next friend, Appellant, v. ATCHISON, TOPEKA SANTA FE RAILWAY COMPANY, a corporation, Appellee. No. 44,617Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT RAILROADS — Action to Recover for Loss of Leg and Arm — Plaintiff a […]
WILLIAMS v. SMRHA, 179 Kan. 73 (1956)
293 P.2d 227 A.B. WILLIAMS, et al., Appellees, v. R.V. SMRHA, Chief Engineer of the Division of Water Resources, Kansas State Board of Agriculture, Topeka, Kansas, and THE CITY OF WICHITA, KANSAS, Appellants. No. 39,891Supreme Court of Kansas Opinion filed January 28, 1956. Appeal from Harvey district court; ALFRED G. SCHROEDER, judge. Opinion filed January […]
IN RE ESTATE OF LATSHAW, 194 Kan. 747 (1965)
402 P.2d 323 In the Matter of the Estate of Edna Charles Latshaw, Deceased, MARTHA JANE HUMPHREYS, Appellant, v. ROBERT W. LATSHAW, MARYLAND CASUALTY COMPANY, and WILLIAM G. GRAY, Successor Administrator, Appellees. No. 44,056Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Conflicting Evidence Scope of […]
IN RE JENKINS, 258 Kan. 779 (1995)
907 P.2d 825 In the Matter of HOWARD L. JENKINS, II, Respondent. No. 74,511Supreme Court of Kansas Opinion filed December 8, 1995. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed December 8, 1995. Indefinite suspension. Mark F. Anderson, disciplinary administrator, argued the cause, and […]
PARKER v. MID-CENTURY INS. CO., 25 Kan. App. 2d 329 (1998)
962 P.2d 1114 COLLEEN PARKER, Appellant, v. MID-CENTURY INSURANCE CO., Appellee. No. 77,399Court of Appeals of Kansas Opinion filed July 24, 1998. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Insurance — Policy Construction — Illegality Provision Excludes Coverage. The illegality provision of the insurance contract in this case allows the insurance company to exclude […]
IN RE ESTATE OF HULTEEN, 170 Kan. 515 (1951)
227 P.2d 112 In the Matter of the Estate of CHARLES A. HULTEEN, deceased. (FREDA E. HUBLER, Administratrix of the estate of Charles A. Hulteen, deceased, Appellant, v. BETHEL LUTHERAN CHURCH OF VILAS, WILSON COUNTY, KANSAS, a corporation, and HERMAN ANDERSON, EVERETT OLSON, KENNETH NELSON, NEIL NELSON, WALTER ANDERSON and ELMER ANDERSON, Trustees of said […]
STATE v. WESTFALL, 283 Kan. 933 (2007)
State v. Westfall. No. 94,215.Supreme Court of Kansas. February 13, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
IN RE ESTATE OF McCAFFREE, 32 Kan. App. 2d xxiv (2003)
In re Estate of McCaffree. No. 88,209.Court of Appeals of Kansas. December 19, 2003. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
SELLENS v. AMERICAN STATES INS. CO., 32 Kan. App. 2d xxx (2004)
Sellens v. American States Ins Co. No. 90,202.Court of Appeals of Kansas. March 5, 2004. Appeal from the Kearny. Unpublished Opinions Affirmed.
WINNER v. RATZLAFF, 211 Kan. 59 (1973)
505 P.2d 606 CLIFF WINNER, Appellant, v. LOWELL RATZLAFF and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellees. No. 46,504Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist Coverage — Purpose of Legislation. The purpose of legislation mandating the offer of uninsured motorist coverage is to fill the gap […]
IN RE HARRIS, 292 Kan. 521 (2011)
257 P.3d 1231 In the Matter of KEVIN C. HARRIS, Respondent. No. 105,340.Supreme Court of Kansas. Opinion filed July 22, 2011. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment Original proceeding in discipline. Opinion filed July 22, 2011. Disbarment. Kimberly L. Knoll, Deputy Disciplinary Administrator, argued the cause, and Stanton A. […]
STATE v. PLASKETT, 271 Kan. 995 (2001)
27 P.3d 890 STATE OF KANSAS, Appellee, v. WILLIAM DANIEL PLASKETT, Appellant. No. 81,804Supreme Court of Kansas Opinion filed: July 27, 2001. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Charging of Two or More Crimes in Same Complaint, Information, or Indictment. Under K.S.A. 22-3202(1), two or more crimes may be charged against a […]
IN RE J.L., 20 Kan. App. 2d 665 (1995)
891 P.2d 1125 In the Interest of J.L. and D.L. No. 71,913Court of Appeals of Kansas Opinion filed March 10, 1995 Petition for review denied 257 Kan. 1092 (1995). SYLLABUS BY THE COURT 1. PARENT AND CHILD — Termination of Parental Rights — Child in Need of Care Adjudication Is Mandatory Prerequisite. A prior child […]
TEN EYCK v. HARP, 197 Kan. 529 (1966)
419 P.2d 922 HAROLD TEN EYCK, JR., Plaintiff-Appellant, v. GLEN W. HARP, Defendant, and AETNA CASUALTY AND SURETY COMPANY, Garnishee-Appellee. No. 44,553Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT GARNISHMENT — Sufficiency of Garnishee’s Answer — Res Judicata — Genuine Issues of Fact Framed by Pleadings. The record in two […]
STATE v. FIERRO, 257 Kan. 639 (1995)
895 P.2d 186 STATE OF KANSAS, Appellee, v. JOHN E. FIERRO, Appellant. No. 70,585Supreme Court of Kansas Opinion filed May 10, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Defendant’s Standing to Challenge Constitutionality of Sentencing Guidelines Act. The record is reviewed in a criminal case in which defendant challenges his sentences, […]
KELSEY v. STATE, 194 Kan. 668 (1965)
400 P.2d 736 EMORY KELSEY, Appellee, v. STATE OF KANSAS, Appellant. No. 44,148Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Motion Attacking Sentence — When Sentences Began to Run — Statute Not to be Applied Retroactively. In 1953 the plaintiff in the instant case was convicted of […]
PELICAN TRANSFER STORAGE v. KANSAS CORPORATION COMM., 195 Kan. 76 (1965)
402 P.2d 762 PELICAN TRANSFER AND STORAGE, INC., Appellee, v. KANSAS CORPORATION COMMISSION, Appellant. No. 44,059Supreme Court of Kansas Opinion filed June 12, 1965. SYLLABUS BY THE COURT 1. CORPORATION COMMISSION — Purpose of Review Proceedings. The primary purpose and intent of creating a court of judicial review (K.S.A. 66-118a et seq.) in which actions […]
RASURE v. WRIGHT, 1 Kan. App. 2d 699 (1977)
573 P.2d 1103 RICHARD DONALD RASURE, Appellee, v. MILDRED ARLENE RASURE WRIGHT, Appellant. No. 48,952Court of Appeals of Kansas Opinion filed December 9, 1977 Petition for review denied January 25, 1978. SYLLABUS BY THE COURT 1. DIVORCE — Alimony — Purpose. Alimony awarded pursuant to K.S.A. 60-1610(d) has as its purpose sustenance and support of […]
STATE v. MADER, 196 Kan. 469 (1966)
412 P.2d 1001 STATE OF KANSAS, Appellee, v. LEE MADER, Appellant. No. 44,313Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Endorsement of Additional Witnesses — Not an Amendment of Information. In a criminal case where the state endorses the names of additional witnesses on the […]
GARCIA v. STATE, 287 Kan. 765 (2008)
Garcia v. State. No. 97,565.Supreme Court of Kansas. November 4, 2008. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. WOODMAN, 12 Kan. App. 2d 110 (1987)
735 P.2d 1102 STATE OF KANSAS, Appellee, v. GEORGE W. WOODMAN, Appellant. No. 59,701Court of Appeals of Kansas Opinion filed April 16, 1987 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Vehicular Homicide — Essential Element of Offense Concerning Death of Person as Proximate Result of Vehicle Operation. Subsection (2) of K.S.A. 1986 Supp. […]
WOLTERS v. BOONE, 32 Kan. App. 2d xlv (2004)
Wolters v. Boone. No. 90,487.Court of Appeals of Kansas. March 5, 2004. Appeal from the Shawnee. Unpublished Opinions Affirmed.
STATE v. BAILEY, 251 Kan. 527 (1992)
834 P.2d 1353 STATE OF KANSAS, Appellee, v. BRIAN C. BAILEY, Appellant. No. 66,992Supreme Court of Kansas Opinion filed July 10, 1992. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Record on Appeal — Duty of Appellant to Furnish Record that Affirmatively Shows Prejudicial Trial Error. An appellant has the burden of furnishing a record […]
STATE v. CUNNINGHAM, 32 Kan. App. 2d xxxiii (2004)
State v. Cunningham. No. 90,615.Court of Appeals of Kansas. May 28, 2004. Appeal from the Geary. Unpublished Opinions Affirmed.
STATE v. PALMER, 173 Kan. 560 (1952)
251 P.2d 225 STATE OF KANSAS, Appellee, v. ELBERT PALMER, Appellant. No. 38,646Supreme Court of Kansas Opinion filed December 6, 1952. SYLLABUS BY THE COURT CRIMINAL LAW — Proof of Other Crimes — Instructions on Lesser Offenses — Failure to Administer Oath to Bailiff. Examining the record in a case in which appellant was charged […]
TABOR v. LEDERER, 205 Kan. 746 (1970)
472 P.2d 209 JOHN B. TABOR, Appellant, v. HARRY E. LEDERER, Appellee. No. 45,765Supreme Court of Kansas Opinion filed July 17, 1970. SYLLABUS BY THE COURT 1. PLEADINGS — Motion for Judgment on the Pleadings. A motion for judgment on the pleadings pursuant to K.S.A. 1969 Supp. 60-212(c) is based upon the premise that the […]
STATE v. TAYLOR, 24 Kan. App. 2d 80 (1997)
941 P.2d 954 STATE OF KANSAS, Appellee, v. FRANKLIN A. TAYLOR, Appellant. No. 76,491Court of Appeals of Kansas Opinion filed July 3, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Jail Time Credit. The factual relationship between criminal charges filed in separate counties is not relevant to determining whether a defendant should […]
HOLLOMAN v. WERHOLTZ, 93,193 (Kan.App. 5-6-2005)
110 P.3d 1054 HOLLOMAN v. WERHOLTZ. No. 93,193.Court of Appeals of Kansas. May 6, 2005. Appeal from the Ellsworth. Decision without published opinion. Affirmed.
MUSICK v. KANSAS DEPT. OF REVENUE, 16 Kan. App. 2d 462 (1992)
825 P.2d 531 CRAIG T. MUSICK, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 66,048Court of Appeals of Kansas Opinion filed February 7, 1992 SYLLABUS BY THE COURT 1. MOTOR VEHICLES — License Suspension — Alcohol or Drug-related Conviction — Period of License Restriction Not Counted in Period of Suspension. K.S.A. 1989 Supp. 8-1014 makes […]
STATE v. ANDERSON, 34 Kan. App. 2d 375 (2005)
119 P.3d 1171 STATE OF KANSAS, Appellee, v. BILLY D. ANDERSON, Appellant. Aff’d 281 Kan. 896, 136 P.3d 406 (2006). No. 92,580.Court of Appeals of Kansas. Opinion filed September 16, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Suppression of Evidence — Appellate Review. When reviewing a motion to suppress evidence, the appellate court […]
IN RE VANDERVOORT, 39 Kan. App. 2d 724 (2008)
185 P.3d 289 IN THE MATTER OF THE MARRIAGE OF RHONDA D. VANDERVOORT, Appellant, and DIRK VANDERVOORT, JR., Appellee. No. 98,584.Court of Appeals of Kansas. Opinion filed May 23, 2008. SYLLABUS BY THE COURT1. CONTRACTS — Written Contract — Interpretation and Legal Effect — Appellate Review. The interpretation and legal effect of written instruments are […]
STATE v. KRIDER, 41 Kan. App. 2d 368 (2009)
202 P.3d 722 STATE OF KANSAS, Appellee, v. CHARLES CHRISTIAN KRIDER, Appellant. No. 98,621.Court of Appeals of Kansas. Opinion filed March 6, 2009. SYLLABUS BY THE COURT1. VENUE — Change of Venue — Trial Court Discretion — Appellate Review. Change of venue decisions are entrusted to the sound discretion of the district court, and such […]
JACKSON v. STATE, 210 Kan. 758 (1972)
504 P.2d 231 JAMES WILLIAM JACKSON, JR., Appellant, v. STATE OF KANSAS, Appellee. No. 46,775Supreme Court of Kansas Opinion filed December 9, 1972. MEMORANDUM OPINION CRIMINAL LAW — Motion to Set Aside Plea and Sentence — Plea Voluntary. Appeal from Wyandotte district court, division No. 3; HARRY G. MILLER, judge. Opinion filed December 9, 1972. […]
THARP v. LEE, 32 Kan. App. 2d 628 (2004)
87 P.3d 323 JAMES W. THARP, Individually and on behalf of all heirs, and as Executor of the Estate of Jeanette B. Adams, Deceased, Appellant, v. REX R. LEE, M.D., DR. REX R. LEE D/B/A SOUTHEAST CLINIC; STEPHANIE B. RATTONAVANGSA; ROBYN CALVERT; VIA CHRISTI REGIONAL MEDICAL CENTER, INC.; SHAKER R. DAKHIL, M.D.; CANCER CENTER OF […]
IN RE MENENDEZ, 226 Kan. 382 (1979)
602 P.2d 79 In re: RAYMOND S. MENENDEZ, voluntary surrender of his certificate to practice law in the State of Kansas. Bar Docket No. 8771Supreme Court of Kansas July 24, 1979 ORDER CANCELING CERTIFICATE FILED JULY 25, 1979 ATTORNEY AND CLIENT — Voluntary Surrender of Certificate. Per Curiam: On July 24, 1979, RAYMOND S. MENENDEZ, […]
IN RE STREMEL, 233 Kan. 136 (1983)
660 P.2d 952 In the Matter of The Guardianship and Conservatorship of TIMOTHY STREMEL, A Minor. BARBARA J. MASON, Appellant, v. BERNADETTE DOME, Appellee. No. 54,863Supreme Court of Kansas Opinion filed March 26, 1983. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. In the construction of statutes and the determination of legislative […]
STATE v. DAEGELE, 193 Kan. 314 (1964)
393 P.2d 978 STATE OF KANSAS, Appellee, v. GEORGE WILLIAM DAEGELE, Appellant. No. 43,114Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Forcible Rape — Conviction Upon Plea of Guilty. In an appeal by defendant following his conviction upon his plea of guilty to the charge of forcible […]
ASLIN v. SEAMON, 2 Kan. App. 2d 265 (1978)
578 P.2d 277 CLARA E. ASLIN, Appellant, v. DAVID E. SEAMON and MARJORIE P. SEAMON, Appellees. No. 49,128Court of Appeals of Kansas Opinion filed May 5, 1978 Reversed, 225 Kan. 77. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Parental Fitness. Under the peculiar circumstances of this case, it was error for the trial […]
THURMAN v. CITY OF MISSION, 214 Kan. 454 (1974)
520 P.2d 1277 VERYL L. THURMAN and THURCO, INC., Appellants, v. THE CITY OF MISSION, JOHNSON COUNTY, KANSAS, and THE GOVERNING BODY THEREOF, Appellee, and WILLIAM WILLHITE, et al., Intervenors. No. 47,235Supreme Court of Kansas Opinion filed April 6, 1974. MEMORANDUM OPINION ZONING — Denying Rezoning — Not Arbitrary. Appeal from Johnson district court, division […]
STATE v. DOUGLAS, 32 Kan. App. 2d xxxiv (2004)
State v. Douglas. No. 91,370.Court of Appeals of Kansas. August 20, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.
STATE v. LIBERTY, 280 Kan. 988 (2005)
State v. Liberty. No. 92,604.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. LEAPER, 40 Kan. App. 2d 902 (2008)
196 P.3d 949 STATE OF KANSAS, Appellee, v. TYRONE LEAPER, Appellant. No. 98,403.Court of Appeals of Kansas. Opinion filed December 5, 2008. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Judicial Discretion — Appellate Review. A high degree of appellate deference is allowed a trial judge’s exercise of discretion in assessing the texture and feel […]
STATE v. MURPHY, 286 Kan. 1184 (2008)
State v. Murphy. No. 99,058.Supreme Court of Kansas. July 3, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
COMMERCIAL UNION INS. CO. v. CITY OF WICHITA, 217 Kan. 44 (1975)
536 P.2d 54 COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK; NEWARK INSURANCE COMPANY OF NEW JERSEY; RELIANCE INSURANCE COMPANY OF PENNSYLVANIA, Appellants, v. THE CITY OF WICHITA and GEORGE LUX, Appellees. No. 47,576Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. TRIAL — Issues Set Out in Pre-trial Order — […]
SAATHOFF v. DATA SYS. INTERNAT’L, 32 Kan. App. 2d xxix (2004)
Saathoff v. Data Systems Internat’l, Inc. No. 89,890.Court of Appeals of Kansas. February 13, 2004. Appeal from the Johnson. Unpublished Opinions Reversed; remanded.
RUCKER v. DELAY, 44 Kan. App. 2d 268 (2010)
DONALD R. RUCKER and BARBARA L. RUCKER, Appellees, v. EARL R. DELAY and LEAH GRIFFITH DELAY, HENRY CHOQUETTE and RUTH MARY CHOQUETTE, LEIGH G. DELAY, EDITH L. DELAY, JOHN E. DELAY, ELIZABETH BENNETT, HARRIET DELAY, MARIAN ALLENDER, ELOISE HAYES, and WENDY ANDERSON, Appellants. Nos. 101,766.Court of Appeals of Kansas. Opinion filed: July 23, 2010. SYLLABUS […]
IN RE APPEAL OF BALL, 11 Kan. App. 2d 216 (1986)
719 P.2d 750 In the Matter of the Appeal of RONALD C. BALL from the order of the Kansas Department of Revenue. No. 58,1751[1] Court of Appeals of Kansas Opinion filed March 27, 1986 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]
LITTLE BALKANS FOUNDATION, INC. v. KANSAS RACING COMM’N, 247 Kan. 180 (1990)
795 P.2d 368 IN THE MATTER OF THE APPEAL OF THE LITTLE BALKANS FOUNDATION, INC., FROM ORDERS OF THE KANSAS RACING COMMISSION DATED SEPTEMBER 16, 1988, AS EXTENDED AND MODIFIED BY ORDERS DATED MAY 12, 1989, JUNE 30, 1989, AND OCTOBER 13, 1989; ADMINISTRATIVE ORDER No. 1; AND ADMINISTRATIVE ORDER No. 4. THE LITTLE BALKANS […]
IN RE BRODERICK, 34 Kan. App. 2d 695 (2005)
125 P.3d 564 IN THE MATTER OF THE ESTATE OF ESTHER R. BRODERICK, DECEASED. No. 93,467.Court of Appeals of Kansas. Opinion filed December 16, 2005. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Discovery — Trial Court Discretion — Appellate Review. Control of discovery is entrusted to the sound discretion of the trial court, and orders […]
STATE v. COVINGTON, 280 Kan. 986 (2006)
State v. Covington. No. 92,819.Supreme Court of Kansas. February 15, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
REISERER v. MURFIN, 183 Kan. 597 (1958)
331 P.2d 313 JOE REISERER, Appellee, v. IRYL W. MURFIN, FRED I. MURFIN, WILLIAM R. MURFIN, Co-Partners, d/b/a The Murfin Drilling Company, Appellants. No. 41,060Supreme Court of Kansas Opinion filed November 8, 1958. SYLLABUS BY THE COURT 1. WATERS — Action for Damages — Pollution of Fresh Water Wells — Sufficiency of Petition — Demurrer. […]
IN RE SACHSE, 276 Kan. 5 (2003)
72 P.3d 551 In the Matter of MARK J. SACHSE, Respondent. No. 84,675.Supreme Court of Kansas. June 13, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Probation Successfully Completed. ORDER On July 14, 2000, this court placed the respondent, Mark J. Sachse, on supervised probation for a 2-year period. See In re Sachse, 269 Kan. […]
GARRETT v. STATE, 276 Kan. 968 (2003)
GARRETT v. STATE. No. 88,174.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
IN RE A.S., 93,803 (Kan.App. 1-27-2006)
126 P.3d 1132 IN RE A.S. No. 93,803.Court of Appeals of Kansas. January 27, 2006. Appeal from Sedgwick. Affirmed.
STATE v. JAMES EARLEY, 192 Kan. 167 (1963)
386 P.2d 189 THE STATE OF KANSAS, Appellee, v. JAMES EARLEY, WILLIAM GLENN DENNEY, and JOHN BYERS FINLEY, Appellants. No. 43,575Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Preliminary Hearing — Not a Trial. In an action seeking the issuance of a writ of habeas corpus […]
STATE v. MITCHELL, 30 Kan. App. 2d 1090 (2002)
54 P.3d 969 STATE OF KANSAS, APPELLEE, v. MICHAEL LEE MITCHELL, APPELLANT. No. 87,544Court of Appeals of Kansas Opinion filed: September 27, 2002. Petition for review denied 275 Kan. 967 (2002). SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Notice of Appeal in Criminal Case — Timely Notice Requirement. The general rule is that appellate […]
WESTERN SHALE PRODUCTS CO. v. CITY OF FORT SCOTT, 172 Kan. 336 (1952)
239 P.2d 828 WESTERN SHALE PRODUCTS COMPANY, a Corporation, Appellant, v. THE CITY OF FORT SCOTT, a Municipal Corporation, Appellee. In the Matter of the Appeal of THE CITY OF FORT SCOTT, a Municipal Corporation, et al., from the award of appraisers, Appellee, v. WESTERN SHALE PRODUCTS COMPANY, a Corporation, Appellant. Nos. 38,516, 38,517Supreme Court […]
STATE v. MASSEY, 247 Kan. 79 (1990)
795 P.2d 344 STATE OF KANSAS, Appellee, v. FRED R. MASSEY, Appellant. No. 63,423Supreme Court of Kansas Opinion filed July 13, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Post-Miranda Silence — State Cannot Impeach Defendant’s Credibility by Cross-examining as to Defendant’s Silence. It is a violation of the Fourteenth Amendment for a […]
STATE v. HANKERSON, 281 Kan. 1380 (2006)
State v. Hankerson. No. 92,207.Supreme Court of Kansas. May 9, 2006. Appeal from the 34 Kan. App. 2d 629. Petitions for Review of Decisions of the Court of Appeals Denied.
KANSAS DEPT. OF REVENUE v. HURST, 92,973 (Kan.App. 7-22-2005)
115 P.3d 794 KANSAS DEPT. OF REVENUE, DIV. OF VEHICLES v. HURST. No. 92,973.Court of Appeals of Kansas. July 22, 2005. Appeal from Thomas. Decision without published opinion. Reversed and remanded with directions.
STATE v. VANN, 280 Kan. 991 (2005)
State v. Vann. No. 91,214.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Granted.
HAVENS v. SAFEWAY STORES, 235 Kan. 226 (1984)
678 P.2d 625 JIM HAVENS, d/b/a HAVENS CONSTRUCTION COMPANY, Appellee, v. SAFEWAY STORES, A Corporation and L.R. FOY CONSTRUCTION CO., INC., Appellants. No. 55,854Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. CONTRACTS — Custom and Usage — When Allowed to Explain Contract Terms. Custom and usage may be shown […]
JACKSON v. STEVENS WELL SERVICE, 208 Kan. 637 (1972)
493 P.2d 264 HARVEY J. JACKSON, Appellant, STEVENS WELL SERVICE AND TRI-STATE INSURANCE COMPANY, Appellees. No. 46,270Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Injury Arising Out of Employment — What Injuries Compensable. When a primary injury under the Workmen’s Compensation Act is shown to have […]
STATE v. GULLEDGE, 257 Kan. 915 (1995)
896 P.2d 378 STATE OF KANSAS, Appellant, v. BARBARA GULLEDGE, Appellee. No. 72,315Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Double Jeopardy — State and Federal Constitutional Protections. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and Section 10 of the […]
STATE v. GLEASON, 280 Kan. 986 (2005)
State v. Gleason. No. 92,556.Supreme Court of Kansas. December 21, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
FINLEY v. ESTATE OF DE GRAZIO, 36 Kan. App. 2d 844 (2006)
148 P.3d 1284 KELLY A. FINLEY, Appellant, v. ESTATE OF CHARLES “DON” DE GRAZIO, CRNA; SAM SIMON, CRNA; LESLIE M. LUINSTRA, M.D.; AND TERRY L. MILLS, M.D., Appellees. No. 94,698.Court of Appeals of Kansas. Opinion filed November 17, 2006. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Service of Process — Extension of Time to Effect […]
MAYFIELD v. HESSTON MFG. CO., 187 Kan. 91 (1960)
353 P.2d 789 ALFRED MAYFIELD, Appellee, v. HESSTON MANUFACTURING COMPANY, INC., Appellant. No. 41,926Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT 1. PLEADING — Motions to Strike and to Make Definite — Judicial Discretion — When Appealable. The established rule in this jurisdiction is that motions to strike and to […]
STATE v. GOURLEY, 224 Kan. 167 (1978)
578 P.2d 713 STATE OF KANSAS, Appellee, v. DARREL JOSEPH GOURLEY, Appellant. No. 49,396Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Other Crimes Evidence — Proof of Identity. Where a similar offense is offered under K.S.A. 60-455 for the purpose of proving identity, the evidence should […]
IN RE MARRIAGE OF BROWN, 247 Kan. 152 (1990)
795 P.2d 375 In the Matter of the Marriage of SARAH BROWN, Appellee, and WILLIE BROWN, Appellant. No. 63,771Supreme Court of Kansas Opinion filed July 13, 1990. SYLLABUS BY THE COURT DIVORCE — Spousal Support Action Where Divorce Decree Rendered in Another State — In Personam Jurisdiction over Absent Ex-husband — Error to Award Past […]
MARTIN v. KS DEPT. OF REV., 283 Kan. 931 (2007)
Martin v. Kansas Dept. of Revenue. No. 94,033.Supreme Court of Kansas. February 13, 2007. Appeal from the 36 Kan. App. 2d 561. Petitions for Review of Decisions of the Court of Appeals Granted.