Category: Kansas Court Opinions

250 P.3d 286 STATE OF KANSAS, Appellant, v. RODNEY L. TURNER, Appellee. No. 102,478.Court of Appeals of Kansas. April 22, 2011. SYLLABUS BY THE COURT1. JURIES — Grand Jury — District Court’s Dismissal of Indictment Based on Grand Jury Abuse — Appellate Review. The dismissal of an indictment based on grand jury abuse is reviewed […]

621 P.2d 448 PHILLIP M. CARTER, Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, Appellant, and KANSAS WORKERS’ COMPENSATION FUND, Appellee. No. 51,377Court of Appeals of Kansas Opinion filed December 31, 1980 SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Handicapped Employee — Burden of Proof. Under K.S.A. 1974 Supp. 44-567 the burden of proving that […]

198 P.3d 140 In the Matter of JOE ELLIS LEE, Respondent. No. 100,821.Supreme Court of Kansas. Opinion Filed December 12, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed December 12, 2008. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]

968 P.2d 267 IN THE MATTER OF THE APPEAL OF BREMSON DATA SYSTEMS, INC., FROM ORDERS OF THE BOARD OF TAX APPEALS FOR THE STATE OF KANSAS No. 77,564[1] Court of Appeals of Kansas Opinion filed March 27, 1998. Petition for review denied 265 Kan. 885 (1998) [1] REPORTER’S NOTE: Previously filed as an unpublished […]

46 P.3d 546 STATE OF KANSAS, Appellee, v. HOWARD L. BANKS, JR., Appellant. No. 84,269Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiple Acts Case — Jury Unanimity Instructions — Failure to Give Unanimity Instruction Harmless Error under Facts of Case. In a criminal case involving […]

86 P.3d 1022 THE HUBER CO., Appellee, v. DERRICK J. DESOUZA and CHERILYN DESOUZA, Appellants. No. 57,390.[1] Court of Appeals of Kansas. Opinion filed February 27, 1986. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2002 Kan. Ct. R. Annot. 46). The […]

303 P.2d 177 EARNEST E. ABLES and FLETA L. ABLES, his wife, Appellants, v. CITY OF TOPEKA, KANSAS; GEORGE G. SCHNELLBACHER, Mayor; J. GLENN DAVIS, Finance Commissioner; LLOYD B. SMITH, Water Commissioner; C. MADISON WILLIAMS, Street Commissioner; WILLIAM R. YERKES, Park Commissioner; All in Their Respective Capacity, and NORTH TOPEKA DRAINAGE DISTRICT; KELLY LEWIS, Chairman; […]

115 P.3d 782 STATE OF KANSAS, Appellee, v. STEVEN D. HEMPHILL, Appellant. Nos. 92,342, 92,343.Court of Appeals of Kansas. Opinion filed July 15, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Indigent Defendant’s Reimbursement of Attorney Fees — Authorizing Statute Construed and Applied. K.S.A. 2004 Supp. 22-4513 is construed and applied. 2. SAME — Indigent […]

24 P.3d 125 STATE OF KANSAS, Appellee, v. ENRIQUE L. LUNA, Appellant. No. 84,673Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Certification of Juvenile as Adult — Juvenile May Stipulate to State’s Allegations — Appellate Review. A juvenile may stipulate to the State’s allegations in a […]

215 P.2d 203 In the Matter of the Estate of JOHN B. BROWN, Deceased. (CLARENCE YORK, et al., Appellants, STATE OF KANSAS, Appellee.) No. 37,762Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT DESCENT AND DISTRIBUTION — Right to Inherit — Escheat. Where decedent died intestate and left no spouse, issue […]

190 P.3d 995 STATE OF KANSAS, Appellee, v. JERRY D. JOHNSON, Appellant. No. 96,111.Court of Appeals of Kansas. Opinion filed August 29, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Obstruction of Official Duty — Determination Whether Obstruction Classified as Felony or Misdemeanor. Whether a charge of obstruction of official duty is classified as a […]

481 P.2d 1020 STATE OF KANSAS, Appellee, v. ALFRED C. MILES, Appellant. No. 46,037Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT SEARCH AND SEIZURE — Search of Automobile With Consent — Firearms Properly Admitted Into Evidence. In a prosecution for the possession of a pistol, after having previously been convicted […]

237 P.2d 257 SHELL OIL COMPANY, INCORPORATED, Appellee, v. BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, KANSAS, H.W. STUBBS, W.P. WESLEY and C.L. DEW, Appellants. No. 38,249Supreme Court of Kansas Opinion on rehearing filed November 10, 1951. OPINION ON REHEARING SYLLABUS BY THE COURT TAXATION — Action to Set Aside Tax Foreclosure Judgment — When […]

971 P.2d 1204 CHERRYVALE GRAIN COMPANY, Appellant, v. FIRST STATE BANK OF EDNA, Appellee. No. 79,208Court of Appeals of Kansas Opinion filed January 15, 1999. SYLLABUS BY THE COURT 1. CONTRACTS — Forged Instrument — Ratification. A forged instrument may be ratified by the acceptance and retention of the proceeds of a loan or the […]

808 P.2d 1341 In the Matter of SUE CARPENTER, Respondent. No. 65,934Supreme Court of Kansas Opinion filed April 12, 1991. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed April 12, 1991. Public censure. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and Bruce […]

522 P.2d 923 IN THE MATTER OF THE AD VALOREM PROPERTY TAX VALUATION FOR THE TAXABLE YEAR 1970 OF MOBIL PIPE LINE COMPANY, (Crude Pipeline) and IN THE MATTER OF THE AD VALOREM PROPERTY TAX VALUATION FOR THE TAXABLE YEAR 1970 OF MOBIL PIPE LINE COMPANY, (Products Pipeline). MOBIL PIPELINE COMPANY, Appellee, v. HAROLD C. […]

42 P.3d 162 WESTERN RESOURCES, INC., and KANSAS GAS AND ELECTRIC COMPANY, Petitioner/Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. No. 88,013Court of Appeals of Kansas Opinion filed: March 8, 2002. Petition for review denied 274 Kan. 1119 (2002). SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Rate Hearing — […]

888 P.2d 869 CRESCENT OIL COMPANY, INC., Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, Appellee. No. 71,160Court of Appeals of Kansas Opinion filed January 27, 1995 SYLLABUS BY THE COURT 1. INSURANCE — Policy Construction — Narrow Construction Applied to Exceptions, Limitations, and Exclusions to Insuring Agreement. In Kansas, the general rule is that exceptions, limitations, […]

914 P.2d 948 In the Matter of SALVATORE A. SCIMECA, Respondent. No. 75,366Supreme Court of Kansas Opinion filed April 19, 1996 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed April 19, 1996. Published censure. Marty M. Snyder, deputy disciplinary administrator, argued the cause, and […]

573 P.2d 625 ROBERT C. HARDER, SECRETARY, KANSAS STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant, v. DONALD VERN TOWNS, Appellee. No. 48,803Court of Appeals of Kansas Opinion filed November 18, 1977 Petition for review denied January 25, 1978. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Time Limit for Filing Appeal — Retroactive, […]

257 P.3d 1256 In the Matter of the Care and Treatment of DOUGLAS GIRARD. In the Matter of the Care and Treatment of EUGENE MALLARD. Nos. 103,505, 103,506.Court of Appeals of Kansas. Opinion filed June 24, 2011. SYLLABUS BY THE COURT1. EVIDENCE — Scientific Evidence — Admissibility. The test set forth in Frye v. United […]

904 P.2d 968 STATE OF KANSAS, Appellant, v. STANLEY E. CHRISTIANSEN, Appellee. No. 72,229Supreme Court of Kansas Opinion filed October 27, 1995. SYLLABUS BY THE COURT CRIMINAL LAW — Unlawful Possession of Wildlife — Statutory Exceptions Not Material Part of Description of Offense. Where the defendant was charged with unlawful possession of a fawn deer […]

97 P.3d 1042 CAROLYN NARRON, Appellee, v. CINCINNATI INSURANCE COMPANY, Appellant. No. 88,787.Supreme Court of Kansas. Opinion filed September 24, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. When an appellate court is called upon to interpret a statute, its standard of review is de novo. 2. CONTRACTS — Written Contract — […]

443 P.2d 259 GEORGE R. BUNDY, Appellant, v. THE STATE OF KANSAS, Appellee. No. 45,247Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Evidentiary Hearing Not Required. In a proceeding under K.S.A. 60-1507 the record is examined and it is held that an […]

624 P.2d 952 RUSSELL SPEER, Appellee and Cross-Appellant, v. DIGHTON GRAIN, INC., LEO MEEKER, WALTER GORMLEY, BRENDA MEEKER, and RHONDA MEEKER, Appellants and Cross-Appellees. No. 51,852Supreme Court of Kansas Opinion filed February 28, 1981. SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata. The doctrine of res judicata cannot arise from a judgment rendered in […]

678 P.2d 1132 STATE OF KANSAS, Appellee, v. GILBERT ALVAREZ, Appellant. No. 55,846Court of Appeals of Kansas Opinion filed March 29, 1984 Petition for review denied 235 Kan. 1042. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theft. The statutorily created offense of “theft,” as defined by K.S.A. 21-3701 is a codified compilation of kindred […]

449 P.2d 545 STATE OF KANSAS, Appellee, v. MICHAEL JOSEPH McDERMOTT, Appellant. No. 45,191Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Heat of Passion.” The term “heat of passion” includes an emotional state of mind characterized by anger, rage, hatred, furious resentment or terror. 2. SAME […]

693 P.2d 1187 T-BONE FEEDERS, INC., and J J FEEDERS, INC., Applicants, and KANSAS LIVESTOCK ASSOCIATION, Intervenor, Plaintiffs-Appellants, v. PHILIP W. MARTIN, DIRECTOR, DIVISION OF PROPERTY VALUATION OF THE STATE OF KANSAS; HARLEY T. DUNCAN, SECRETARY OF REVENUE, STATE OF KANSAS; and BOARD OF COUNTY COMMISSIONERS, SHERMAN COUNTY, KANSAS, Defendants-Appellees. No. 56,739Supreme Court of Kansas […]

930 P.2d 1089 STATE OF KANSAS, Appellee, v. DARRYL S. FORD, Appellant. No. 75,143Court of Appeals of Kansas Opinion filed December 20, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty Plea — Motion to Withdraw Plea Prior to Sentencing — Allegations Required. To justify a motion to withdraw a plea prior to sentencing, […]

244 P.2d 217 CLARENCE CLARK and ELIZABETH CLARK, Appellees, v. PHIL MEYERS, A.J. FOX and LYMAN ELLIS, Appellants. No. 38,650Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Motion to Make Definite and Certain — Discretion of Court. A motion to make a pleading definite and […]

500 P.2d 56 In the Matter of the Estate of John E. Sweeney, Deceased. VIRGINIA J. SWEENEY, Appellant and Cross-Appellee v. MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Executor and Testamentary Trustee of the Estate of John E. Sweeney, Deceased, Appellee and Cross-Appellant. No. 46,631Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE […]

698 P.2d 388 JEROME HEIN, Plaintiff-Appellee, v. BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT No. 238, SMITH COUNTY, KANSAS, Defendant-Appellant. No. 56,803Court of Appeals of Kansas Opinion filed April 18, 1985 Petition for review denied 237 Kan. 886. SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Nonrenewal of Contract — Notice of Dismissal — Due […]

348 P.2d 1022 MARY G. LITTLE, Appellant, v. CHARLES B. BUTNER, d.b.a. Butner IGA Food Liner; and RATH PACKING COMPANY, an Iowa Corporation, Appellees. No. 41,616Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Sufficiency — Review. When a notice of appeal […]

334 P.2d 348 HARRY E. JOHNSTON, Appellee, v. JACK GIBSON and HERBERT GIBSON, Appellants. No. 41,164Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT 1. WILLS — Action in Ejectment — Terms and Provisions Construed. Where a testatrix devised a quarter section of land to her husband subject to the right […]

83 P.3d 1239 PATRICIA PONDER-COPPAGE, Appellee, v. STATE OF KANSAS and STATE SELF-INSURANCE FUND, Appellants. No. 88,501.[1] Court of Appeals of Kansas. Opinion filed November 27, 2002. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2002 Kan. Ct. R. Annot. 46). The […]

761 P.2d 1261 SALINA AIRPORT AUTHORITY, Appellant, v. BOARD OF TAX APPEALS, STATE OF KANSAS, Appellee. No. 61,829Court of Appeals of Kansas Opinion filed September 30, 1988 Petition for review denied 244 Kan. 738. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Appeal from Board of Tax Appeals — Board Is Not Proper Party to […]

502 P.2d 840 ALBERT LONZO CANTRELL, Appellant, v. STATE OF KANSAS Appellee. No. 46,703Supreme Court of Kansas Opinion filed November 4, 1972. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate Sentence — Second Motion for Relief. Appeal from Anderson district court; ROBERT F. STADLER, judge. Opinion filed November 4, 1972. Affirmed. Orville J. Cole, of […]

18 P.3d 970 STATE OF KANSAS, Appellee, v. WILLIAM H. CHACON-BRINGUEZ, Appellant. No. 84,145Court of Appeals of Kansas Opinion filed: February 23, 2001. Petition for review denied 271 Kan. 1038 (2001). SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law, and an appellate court’s […]

461 P.2d 737 ONOFRE GUERRA, Appellee, v. J. CHARLES JAEGER and WILLIAM Q. JAEGER, Appellants. No. 45,496Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence and Assumption of Risk — Doctrines Not Synonymous. While contributory negligence and assumption of risk are somewhat akin and grow out […]

404 P.2d 170 DALE F. SCAMMAHORN, Plaintiff-Appellee, v. GIBRALTAR SAVINGS LOAN ASSOCIATION, Defendant-Appellant. No. 44,146Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Erroneous Dismissal of Appeal — Appeal Reinstated. Where the trial court in a workmen’s compensation case erroneously dismisses the respondent’s appeal as moot by […]

491 P.2d 549 STATE OF KANSAS, Appellee, v. EDMOND RAYMOND GRIMMETT, JR., and EMMETT SMITH, JR., Appellants. No. 46,406Supreme Court of Kansas Opinion filed December 11, 1971. SYLLABUS BY THE COURT SEARCH AND SEIZURE — Who May Not Claim Immunity. In a prosecution for robbery in the first degree (K.S.A. 21-527 [now K.S.A. 1971 Supp. […]

59 P.3d 1000 STATE OF KANSAS, Appellant, v. DALE C. ARMBRUST, BRIAN B. THOMPSON, THERESA BROWN, TIMOTHY BAUMANN, Appellees. Nos. 88,264, 88,265 88,266 88,575Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Ex Post Facto Clause. A statute which increases the punishment for a crime after its […]

213 P.2d 998 In Re Estate of ROBERT M. WORKS, Deceased. (LEOTA M. WORKS, MARY ELLA WORKS, MITCHELL B. BUSHEY, as guardian ad litem for CHARLES BRUCE WORKS and PAUL WILSON WORKS, Appellants, v. WARREN W. WORKS, Appellee.) No. 37,784Supreme Court of Kansas Opinion filed January 28, 1950. SYLLABUS BY THE COURT 1. WILLS — […]

875 P.2d 257 STATE OF KANSAS, Appellee, v. LARRY D. PECKHAM, SR., Appellant. No. 68,747Supreme Court of Kansas Opinion filed May 27, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Hard-40” Sentencing Statute — Mandatory Notice Provisions — Effect of Failure to Comply with Notice Provisions. In the absence of a record showing the […]

325 P.2d 334 EDWARD HILL, Appellant, v. THE PRINCE HALL GRAND LODGE, FREE AND ACCEPTED MASONS OF KANSAS, A FRATERNAL CORPORATION, and P.G. PORTER, Grand Master of said Corporation, and P.G. PORTER, Individually, and WILLIAM H. TOWERS, Deputy Grand Master of said Corporation, and WILLIAM H. TOWERS, Individually, Appellees. No. 40,973Supreme Court of Kansas Opinion […]

227 P.2d 148 In the Matter of the Estate of George A. Johannes, Deceased. LESLIE TRUE, et al., Appellants, v. R.L. FUNK and WILLIAM SCHMITT, Executors of the last will and testament of George A. Johannes, Deceased, et al., Appellees. No. 38,007Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT 1. […]

242 P.3d 253 RICH GRAHAM and LISA GRAHAM, Appellees, v. ANGELA HERRING AS ADMINISTRATOR FOR THE ESTATE OF ELIZABETH A. JONES, Appellant. No. 102,789.Court of Appeals of Kansas. Opinion filed: November 24, 2010. SYLLABUS BY THE COURTCIVIL PROCEDURE — Motion to Substitute Successor Party — Court’s Determination Whether Motion Filed within Reasonable Time. K.S.A. 60-225(a) […]

180 P.3d 579 DAVID E. CORNELIUS, Appellant, v. KANSAS DEPARTMENT OF REVENUE DIVISION OF MOTOR VEHICLES, Appellee. No. 97,466.Court of Appeals of Kansas. Opinion filed April 4, 2008. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — District Court Review of Agency’s Action — Scope of Review. On appeal, a district court is restricted to considering whether, […]

502 P.2d 773 LESLIE J. CAMPBELL AMERICAN LEGION POST No. 15, Iola, Kansas (Plaintiff), v. ROSS WADE, Sheriff of Allen County, Kansas, (Defendant), Appellee, v. STATE OF KANSAS, ex rel. VERN MILLER, Attorney General of Kansas (Intervenor), Appellant. No. 46,726Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE […]

154 P.3d 508 SCOTT E. ROBINSON, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 95,931.Court of Appeals of Kansas. Opinion filed March 16, 2007. Petition for review denied 284 Kan. 947 (2007). SYLLABUS BY THE COURT1. MOTOR VEHICLES — Informed Consent Law — Testing of Driver for Alcohol or Drugs — Required Notification by Law […]

879 P.2d 1141 STATE OF KANSAS, Appellee, v. GARDNER L. JONES III, Appellant. No. 70,503Court of Appeals of Kansas Opinion filed August 26, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Misdemeanors and Traffic Offenses — Trial to Court Absent Timely Request for Jury Trial — Time Requirements for Jury Trial Request — Waiver […]

41 P.3d 781 STATE OF KANSAS, Appellee, v. DAVID L. IVORY, Appellant. No. 85,645Supreme Court of Kansas Opinion filed: March 8, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Jury Determination of Sentencing Factors Not Required When Criminal History Score Used. Apprendi v. New Jersey, 530 U.S. 466, 147 L.Ed.2d 435, 120 S.Ct. […]

410 P.2d 347 CHARLIE L. PARKER, Appellant, v. THE CITY OF HUTCHINSON, Appellee. No. 44,287Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Governmental Functions — Liability. Absent a statute expressly imposing liability, a municipality is not liable for the negligence or misconduct of its officers or […]

608 P.2d 1038 TA-TALINDA AKIS STERLING, a minor child, by her natural guardian and mother, SHEILA M. STERLING, and STATE OF KANSAS, ex rel., SECRETARY OF THE STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellants, v. SINCLAIR MANN, Appellee. No. 50,645Court of Appeals of Kansas Opinion filed March 28, 1980 Petition for review denied May […]

331 P.2d 316 CLIFFORD JUDD, Appellee, v. CITY OF EMPORIA (Water Department), Appellant. No. 41,192Supreme Court of Kansas Opinion filed November 8, 1958. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Relationship of Parties — Loaned Employee — Injury Arose Out of and in Course of Employment. The street department of the city of Emporia was […]

259 P.2d 185 THE STATE OF KANSAS, Appellee, v. ARTHUR OSBORNE PHILLIPS, alias JAMES H. PHILLIPS, Appellant. No. 38,976Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT 1. PERJURY — New Trial Granted — Double Jeopardy. In a prosecution for perjury, the defendant was convicted, one of the grounds of his […]

216 P.3d 727 STATE OF KANSAS ex rel. SECRETARY OF THE KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, MARY F. MOELLER and CORRINE R. WHITE, by and through MARY F. MOELLER, HER GUARDIAN AND NEXT FRIEND, Appellees, v. LARRY A. WHITE, Appellant. No. 101,330.Court of Appeals of Kansas. Opinion filed September 25, 2009. SYLLABUS BY […]

519 P.2d 754 EDNA SHELTON, Appellant, v. LEO J. PHALEN, et al. and the EMPLOYMENT SECURITY BOARD OF REVIEW, Appellees. No. 47,053Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Equal Protection of the Law — Classification — Relation to Purpose of the Legislation. Under federal and […]

716 P.2d 594 STATE OF KANSAS, Appellee, v. ROBERT D. WARD, Appellant. No. 57,708Court of Appeals of Kansas Opinion filed April 3, 1986 SYLLABUS BY THE COURT CRIMINAL LAW — Making a False Writing — Constitutionality of Statute Upheld. K.S.A. 21-3711, which prohibits the making of a false writing, is not so vague and indefinite […]

573 P.2d 999 STATE OF KANSAS, Appellee, v. MARCUS GOODWIN, JR., a/k/a “CHICAGO”, Appellant. No. 48,852Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Typed Taped Confession Corrected and Signed — Independent Evidence. A typed confession taken from a tape recording, which is read, corrected and signed […]

997 P.2d 697 LINK, INC., LOU ANN KIBBEE, AND BRIAN ATWELL, Appellees, v. CITY OF HAYS, KANSAS, Appellant. No. 81,620Supreme Court of Kansas Opinion filed January 28, 2000. SYLLABUS BY THE COURT REAL PROPERTY — Public Buildings — Americans With Disabilities Act Mandamus Action to Require City’s Enforcenment of Act — Attorney Fees. In an […]

736 P.2d 78 JULIE C. CROOKS, Conservator for David A. Williams, and DAVID A. WILLIAMS, individually, Appellants, v. HORACE T. GREENE, M.D., and JANE C. STORMONT HOSPITAL AND TRAINING SCHOOL FOR NURSES, a Kansas non-profit corporation, Appellees. No. 59,054[1] Court of Appeals of Kansas Opinion filed January 29, 1987 [1] REPORTER’S NOTE: Previously filed as […]

787 P.2d 709 STATE OF KANSAS, Appellant, v. TROY M. SEDLACK, Appellee. No. 63,580Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. MARRIAGE — Marriage License Statute — Application to Person under Eighteen. K.S.A. 23-106, the marriage license statute, merely prohibits a clerk or judge from issuing a marriage license, […]

325 P.2d 53 L.R. FOY CONSTRUCTION CO., INC., Appellant, v. THE BOARD OF EDUCATION OF SCHOOL DISTRICT No. 1, Leavenworth, Kansas; FRANK FREEMAN, President of Said Board; CHARLES TIMMONS; DOROTHY VOORHEES; R.H. HINZ; LEROY SICKEL and W.I. OLIVER, Members of Said Board; HUGH C. BRYAN, Superintendent of Said Board, and E. PAUL LESSIG, Clerk-Business Manager […]

760 P.2d 683 STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Petitioner, v. JOAN E. ADAM, Respondent. No. 62,443Supreme Court of Kansas Opinion filed August 24, 1988. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Temporary Permit to Practice Law — Temporary Permit Is Not a Property Right and Is Subject to Revocation at […]

502 P.2d 645 SOUTHWESTERN BELL TELEPHONE COMPANY, a Corporation, Appellant, v. EMPLOYMENT SECURITY BOARD OF REVIEW OF THE STATE OF KANSAS, and MARIE T. DAILEY, Appellees. No. 46,594Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. UNEMPLOYMENT COMPENSATION — Collective Bargaining Agreement — Mandatory Retirement — No Waiver of Benefits. […]

362 P.2d 29 (Mary Lou Robben, Deceased.) LOUIS E. ROBERTS, JR., Appellant, v. ROBERT A. ROBBEN, Appellee. No. 42,110Supreme Court of Kansas Opinion filed May 13, 1961. SYLLABUS BY THE COURT 1. DIVORCE — Custody of Child — Death of Parent Having Custody. By statute (G.S. 1949, 59-1802), the father and the mother are natural […]

345 P.2d 634 DAVID GEORGE PRATER, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellee. No. 41,372Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT HABEAS CORPUS — Failure to Establish Grounds — Writ Denied — The record on appeal from an order and judgment of the district court of […]

373 P.2d 191 DONNA IRENE HOFFMAN, Appellee, v. JACKIE E. DAUTEL and DELMER L. DAUTEL, d/b/a Dautel Brothers, THE HOME INSURANCE COMPANY and THE HOME INDEMNITY COMPANY OF NEW YORK, NEW YORK, Corporations, Appellants. No. 42,629Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT PLEADING — Motions to Strike — When […]

556 P.2d 195 STATE OF KANSAS, Appellant, v. WILLIAM ARLES YOUNGBLOOD, Appellee. No. 48,283Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Motion to Suppress — Burden of Proof. On a motion to suppress illegally seized evidence the judge shall receive evidence on any issue of […]

122 P.3d 838 STATE v. LONG. No. 93,460.Court of Appeals of Kansas. November 18, 2005. Appeal from Douglas. Decision without published opinion. Affirmed.

972 P.2d 786 JERRY RICE, Appellant, v. BARKER BUNCH, P.C., J.J. MALONEY, and DAVID CLARK, Appellees. No. 79,798Court of Appeals of Kansas Opinion filed December 31, 1998 SYLLABUS BY THE COURT 1. TORTS — Legal Malpractice — Claim Arising out of Prior Lititgation — Proof Required by Plaintiff. A plaintiff in a legal malpractice case […]

87 P.3d 318 DEBRA BACK-WENZEL, Appellant, v. LOUIS WILLIAMS, Appellee. No. 90,701.Court of Appeals of Kansas. Opinion filed March 26, 2004. Reversed 279 Kan. ___, ___ P.3d ___ (April 22, 2005). SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter Jurisdiction of Court. Subject matter jurisdiction is the authority of the court to hear and decide […]

916 P.2d 43 ANITA K. GARDNER, Appellee, v. RICHARD LEE GARDNER, Appellant. No. 73,351Court of Appeals of Kansas Opinion filed May 3, 1996 Petition for review denied 260 Kan. 992 (1996). SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Required Payment Becomes Final Judgment on Date Due — Enforcement. Child support […]

939 P.2d 916 DAVID A. RICKE, Appellant, v. THE CITY EL DORADO, KANSAS and DOYLE EUGENE WHITE, JR., MUNICIPAL JUDGE, Appellees. No. 77,019Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. MANDAMUS — Application. It has uniformly been held that the remedy of mandamus is available only for the purpose […]