113 P.3d 274 STATE v. NOYCE. No. 92,827.Court of Appeals of Kansas. June 17, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
Category: Kansas Court Opinions
DAVIS v. KEY GAS CORP., 281 Kan. 1377 (2006)
Davis v. Key Gas Corp. No. 94,308.Supreme Court of Kansas. May 9, 2006. Appeal from the 34 kan. App. 2d 728. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. RHODES, 291 Kan. XVIII (2010)
State v. Rhodes. No. 101,838.Supreme Court of Kansas. January 18, 2011. Appeal from the Unpublished. Petitions For Review Of Decisions Of The Court Of Appeals Denied.
PALMER v. BILL GALLAGHER ENTERPRISES, 44 Kan. App. 2d 560 (2010)
240 P.3d 592 CHARLES F. PALMER and DOLORES PALMER, husband and wife, Appellees/Cross-appellants, v. BILL GALLAGHER ENTERPRISES, L.L.C., Appellant/Cross-appellee. No. 102,150.Court of Appeals of Kansas. Opinion filed: September 24, 2010. SYLLABUS BY THE COURT1. OIL AND GAS — Habendum Clause in Oil and Gas Lease. The habendum clause of an oil and gas lease defines […]
STATE EX REL CRAWFORD v. CENTERVILLE GRAIN CO., 5 Kan. App. 2d 451 (1980)
618 P.2d 1206 STATE OF KANSAS ex rel. RALPH CRAWFORD, Appellees, v. CENTERVILLE GRAIN COMPANY, INC., Appellee, DONALD UNGEHEUER, DAVID UNGEHEUER DILLARD UNGEHEUER, Appellants. No. 50,847Court of Appeals of Kansas Opinion filed October 31, 1980 SYLLABUS BY THE COURT 1. GRAIN AND FORAGE — Warehousing of Grain — Statutory Restrictions. The inspection, grading and storage […]
TAYLOR v. HAFFNER, 93,336 (Kan.App. 7-1-2005)
114 P.3d 191 TAYLOR v. HAFFNER. No. 93,336.Court of Appeals of Kansas. July 1, 2005. Appeal from the Sheridan. Decision without published opinion. Affirmed.
SCHRADER v. SCHRADER, 207 Kan. 349 (1971)
484 P.2d 1007 FAYE SCHRADER, Appellee, v. GERALD ANSON SCHRADER, Appellant. No. 45,986Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. MARRIAGE — Common-law Marriage — Necessary Requisites. This court has long recognized the validity of a common-law marriage, the basic constituents of which are: First, a capacity of the […]
IN RE C.S.G., 286 Kan. 1178 (2008)
In re C.S.G. No. 97,306.Supreme Court of Kansas. April 23, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
FARHA v. SIGNAL COMPANIES, INC., 217 Kan. 43 (1975)
535 P.2d 463 N. BUS FARHA, RAY R. FARHA, FLORENCE FARHA VANDERVORT, and JOSEPHINE FARHA RAZOOK, Appellees, v. SIGNAL COMPANIES, INC., a Delaware Corporation (Formerly Signal Oil Gas Company); and SIGNAL PROPERTIES, INC., a Delaware Corporation, Appellants. No. 47,575Supreme Court of Kansas Filed May 10, 1975. OPINION ON MOTION FOR REHEARING COURTS — Jurisdiction — […]
STATE v. BRADFORD, 219 Kan. 336 (1976)
548 P.2d 812 STATE OF KANSAS, Appellee, v. DENNIS RAY BRADFORD, Appellant. No. 47,883Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Inadmissible Testimony — Harmless Error. Whether inadmissible testimony constitutes harmless or reversible error depends upon the particular evidence and the circumstances of the case in […]
STATE v. COLLINS, 278 Kan. viii (2004)
State v. Collins. No. 91,736.Supreme Court of Kansas. December 3, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
SCOTT v. STRICKLAND, 10 Kan. App. 2d 14 (1984)
691 P.2d 45 JIMMIE D. SCOTT and CECILIA T. SCOTT, Plaintiffs-Appellants, v. FORREST STRICKLAND, Defendant-Appellee, and JERRY WILSON, d/b/a WOODS-RINGSTAFF LUMBER COMPANY, a partnership, Plaintiff-Appellee, v. JIMMIE D. SCOTT and CECILIA T. SCOTT, Defendants-Appellants, FIRST NATIONAL BANK OF ELK CITY, KANSAS, Defendant-Appellant, and FORREST STRICKLAND, Defendant-Appellee. No. 56,531Court of Appeals of Kansas Opinion filed November […]
THOMPSON v. GROENDYKE TRANSPORT, INC., 182 Kan. 616 (1958)
322 P.2d 741 DARRELL V. THOMPSON, d/b/a THOMPSON TRANSPORT, and THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellants, v. GROENDYKE TRANSPORT, INC., HOLTON TRANSPORT, INC., ARNOLD VELTMAN, KANSAS TRANSPORT COMPANY, RAPID TRANSIT, INC., and EARL BRAY, INC., Appellees. Nos. 40,918 and 40,927Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE […]
LEE v. HOFFMAN, 179 Kan. 303 (1956)
293 P.2d 1010 JACK DEHNER LEE, Appellant, v. ARTHUR HOFFMAN, Warden, Kansas State Penitentiary, Appellee. No. 40,129Supreme Court of Kansas Opinion filed February 29, 1956. SYLLABUS BY THE COURT HABEAS CORPUS — No Substitute for Appeal. The record examined in an appeal from a judgment denying a writ of habeas corpus, and held the trial […]
SUMMERS v. MONTGOMERY ELEVATOR CO., 243 Kan. 393 (1988)
757 P.2d 1255 JAMES L. SUMMERS, Appellant, v. MONTGOMERY ELEVATOR COMPANY; OAK PARK INVESTMENT COMPANY, a Kansas General Partnership, et al.; and LERNER SHOPS, INC., D/B/A LERNER SHOP, Appellees. No. 60,658Supreme Court of Kansas Opinion filed June 24, 1988. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Corruption of Evidence — Motion for New Trial […]
MEDINA v. AMERICAN FAMILY MUTUAL INS. CO., 29 Kan. App. 2d 805 (2001)
32 P.3d 205 MARY JANE MEDINA, Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant. No. 85,437Court of Appeals of Kansas Opinion filed: September 21, 2001. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Service by Publication. K.S.A. 60-307 is analyzed and applied. 2. INSURANCE — Automobile Insurance — Underinsured Motorist Coverage — Judgment against Tortfeasor […]
WILLIAMS TELECOMMUNICATIONS CO. v. GRAGG, 242 Kan. 675 (1988)
750 P.2d 398 WILLIAMS TELECOMMUNICATIONS COMPANY, Appellee, v. LARRY C. GRAGG and PHYLLIS J. GRAGG, Husband and Wife, Appellants, and LARRY C. GRAGG and PHYLLIS J. GRAGG, Appellants, v. WILLIAMS PIPELINE COMPANY and WILLIAMS TELECOMMUNICATIONS COMPANY, Appellees. No. 60,667Supreme Court of Kansas Opinion filed February 19, 1988. SYLLABUS BY THE COURT 1. ABANDONMENT — Application […]
STATE v. LUEKER, 264 Kan. 341 (1998)
956 P.2d 861 STATE OF KANSAS, Appellant, v. RYAN LUEKER, Appellee. No. 78,383Supreme Court of Kansas Opinion filed March 13, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Statutes in Effect at Time Offense Committed Govern. Criminal statutes in effect at the time of the commission of the criminal offense are controlling. 2. SAME […]
OSTROM v. MERGEN, 35 Kan. App. 2d xiv (2006)
Ostrom v. Mergen. No. 93,359.Court of Appeals of Kansas. April 7, 2006. Appeal from the Ellis. Unpublished Opinions Reversed.
HAYS HOUSE, INC. v. POWELL, 7 Kan. App. 2d 53 (1981)
637 P.2d 486 HAYS HOUSE, INC., a Corporation, HELEN E. JUDD and CHARLES L. JUDD, INDIVIDUALLY, Appellants, v. CRAIG EUGENE POWELL, Appellee. No. 52,845Court of Appeals of Kansas Opinion filed December 10, 1981 Petition for review denied 230 Kan. 818 (1982). SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — New Trial Motion — Time Requirement. […]
IN RE RICKMAN, 266 Kan. 658 (1999)
972 P.2d 759 IN THE MATTER OF BRYAN A. RICKMAN, Respondent. No. 81,383Supreme Court of Kansas Opinion Filed January 22, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinte Suspension. Original proceeding in discipline. Opinion filed January 22, 1999. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause and […]
IN RE P.A.P., 36 Kan. App. 2d xvi (2006)
In re P.A.P. No. 94,784.Court of Appeals of Kansas. September 15, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. HUNT, 8 Kan. App. 2d 162 (1982)
651 P.2d 967 STATE OF KANSAS, Appellee, v. CHARLES HUNT, Appellant. No. 53,732Court of Appeals of Kansas Opinion filed October 7, 1982 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the defendant challenges the sufficiency of the evidence to support a conviction, the standard of review on appeal […]
STATE v. ALBERT, 13 Kan. App. 2d 671 (1989)
778 P.2d 386 STATE OF KANSAS, Appellee, v. DONALD A. ALBERT, Appellant. No. 62,413Court of Appeals of Kansas Opinion filed August 25, 1989 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Right to Confront Witness against Him at Trial — Exceptions. The fundamental right of a defendant to confront a witness in a criminal […]
McCONACHIE v. McCONACHIE, 1 Kan. App. 2d 12 (1977)
561 P.2d 889 GALE R. McCONACHIE, Appellee, v. WILLIAM EUGENE McCONACHIE, Appellant. No. 48,302Court of Appeals of Kansas Opinion filed February 25, 1977 Petition for review denied April 13, 1977. SYLLABUS BY THE COURT 1. FIDUCIARY RELATIONSHIP — Burden of Proof. Where a transaction has been entered into between persons, one of whom stands in […]
FARM BUR. MUT. INS. CO. v. LAUDICK, 18 Kan. App. 2d 782 (1993)
859 P.2d 410 FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant, v. ROBERT LAUDICK, DONALD E. POWERS, PAULA JEAN POWERS, HENRY J. CALNAN, ARDIS B. CALNAN, MILTON A. ROSE, JOYCE A. ROSE, JAMES N. SWAFFORD, and WILMA L. SWAFFORD, Appellees. No. 68,990Court of Appeals of Kansas Opinion filed September 17, 1993 Petition for review denied 253 […]
STATE v. SHEPHERD, 213 Kan. 498 (1973)
516 P.2d 945 STATE OF KANSAS, Appellee, v. DENNIS M. SHEPHERD, JR., Appellant. No. 47,069Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. JUVENILE COURT — Waiving Exclusive Original Jurisdiction — Findings Forming Jurisdictional Waiver Order. K.S.A. 1972 Supp. 38-808 (b) authorizes the juvenile court to waive its exclusive original […]
DAVIS v. HAREN LAUGHLIN CONSTRUCTION CO., 184 Kan. 820 (1959)
339 P.2d 41 GUS DAVIS, Claimant and Appellee, v. HAREN LAUGHLIN CONSTRUCTION COMPANY (Respondent), and UNITED STATES FIDELITY GUARANTY COMPANY (Insurance Carrier), Appellants. No. 41,408Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Increasing Original Award Supported by Evidence. The record in a workmen’s compensation case to review […]
STATE v. WILLIAMS, 234 Kan. 233 (1983)
670 P.2d 1348 STATE OF KANSAS, Appellee, v. DANNY H. WILLIAMS, Appellant. No. 55,325Supreme Court of Kansas Opinion filed October 21, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Crimes Evidence — Admissibility for Purpose of Proving Identity. Where a prior conviction is offered pursuant to K.S.A. 60-455 for the purpose of proving […]
CRAIG v. HAMILTON, 221 Kan. 311 (1977)
559 P.2d 796 JOHN E. CRAIG and RAYMOND L. CARNEY d/b/a CARNEY CRAIG CONSTRUCTION CO., Appellees, v. JOHN HAMILTON, Appellant. No. 48,112Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. PARTNERSHIPS — Finding of Dissolution — Findings Supported by Evidence In an action dissolving a partnership and settling the rights […]
HENDERSON v. SUTTON’S FOOD CITY, 191 Kan. 145 (1963)
379 P.2d 300 RUCELL HENDERSON, Appellant, v. SUTTON’S FOOD CITY, INC., (Respondent), and ALLIANCE MUTUAL CASUALTY COMPANY, (Insurer), Appellees. No. 43,287Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Trash Hauling — Independent Contractor — Claimant not an Employee Under Act. In a workmen’s compensation case the claimant […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan. 4-18-2003)
67 P.3d 155Supreme Court of Kansas April 18, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Arthur 88647 Shawnee 04/18/2003 Affirmed 88648 State v. Kross 88964 Lyon 04/18/2003 Affirmed State v. Hogsett 89052 Geary 04/18/2003 Affirmed State v. Madrid 89053 Sedgwick 04/18/2003 Affirmed Reagans v. State 89055 Cowley 04/18/2003 Affirmed State […]
McCOMB v. STATE, 32 Kan. App. 2d 1037 (2004)
94 P.3d 715 VIRGIL BRUCE McCOMB, Appellee, v. STATE OF KANSAS, WYANDOTTE COUNTY SHERIFF, and KANSAS DEPARTMENT OF CORRECTIONS, Appellants. No. 91,397.Court of Appeals of Kansas Opinion filed July 23, 2004. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Appellate Review of District Court Review of Agency Action. In reviewing a district court’s decision reviewing an […]
STATE v. SCHROEDER, 91,882 (Kan.App. 11-10-2005)
122 P.3d 420 STATE v. SCHROEDER. No. 91,882.Court of Appeals of Kansas. November 10, 2005. Appeal from Mitchell. Decision Without Published Opinion. Affirmed.
BLANK v. CHAWLA, 234 Kan. 975 (1984)
678 P.2d 162 THOMAS J. BLANK, Plaintiff, v. MOHINDER P. CHAWLA, Appellee, v. BOEING MILITARY AIRPLANE COMPANY, AND AETNA CASUALTY AND SURETY COMPANY, Intervenors-Appellants. No. 55,606Supreme Court of Kansas Opinion filed February 18, 1984. SYLLABUS BY THE COURT 1. JUDGMENTS — Appeal from Judgment Must Be by Aggrieved PARTY. Ordinarily a party cannot appeal from […]
STATE v. GLASS, 40 Kan. App. 2d 379 (2008)
STATE OF KANSAS, Appellee, v. DAMON RASHAD GLASS, Appellant. No. 98,252.Court of Appeals of Kansas. Opinion filed September 19, 2008. SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Traffic Stop — Reasonable Suspicion Requirement. A traffic stop is considered a seizure under the Fourth Amendment to the United States Constitution. To stop a moving vehicle, […]
STATE v. ESTELL, 275 Kan. 966 (2002)
STATE v. ESTELL. No. 87,471.Supreme Court of Kansas December 18, 2002. Reported below Unpublished. Petition for review denied.
STATE v. LAYTON, 276 Kan. 777 (2003)
80 P.3d 65 STATE OF KANSAS, Appellee, v. JOHN DON LAYTON, Appellant. No. 87,871.Supreme Court of Kansas. December 12, 2003. SYLLABUS BY THE COURT1. STATUTE — Construction — Appellate Review. Interpretation of a statute is a question of law. An appellate court’s review of a question of law is unlimited. 2. CRIMINAL LAW — Unlawful […]
STATE v. PYLE, 216 Kan. 423 (1975)
532 P.2d 1309 THE STATE OF KANSAS, Appellee, v. MICHAEL DUANE PYLE, Appellant. No. 47,535Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS OF THE COURT 1. HOMICIDE — Corpus Delicti Consists of Two Elements. The corpus delicti of homicide consists of two elements: the death of the alleged victim and the existence of […]
STATE v. CROW, 196 Kan. 663 (1966)
414 P.2d 54 STATE OF KANSAS, Appellant, v. KEITH E. CROW, Appellee. No. 44,394Supreme Court of Kansas Opinion filed May 7, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Sentence to Reformatory — Prior Conviction of Felony — Sentence to State Penitentiary. The provisions of K.S.A. 76-2306 are construed to mean that when any male […]
LAKESIDE VILLAGE IMPROVEMENT DIST. v. JEFFERSON COUNTY, 237 Kan. 106 (1985)
697 P.2d 1286 LAKESIDE VILLAGE IMPROVEMENT DISTRICT, JEFFERSON COUNTY, KANSAS, Appellant, v. JEFFERSON COUNTY, KANSAS, Appellees. No. 56,928Supreme Court of Kansas Opinion filed April 5, 1985. SYLLABUS BY THE COURT 1. STATUTES — Construction. A statute should never be given a construction that leads to uncertainty, injustice or confusion if it is possible to construe […]
STATE v. TIMMONS, 218 Kan. 741 (1976)
545 P.2d 358 STATE OF KANSAS, Appellee, v. CHRISTY TIMMONS, Appellant. No. 47,997Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appointment of Counsel Not Absolute — Determination of Financial Ability to Pay. Under the provisions of K.S.A. 22-4503 and 22-4504 the requirement that, absent a valid […]
IN RE J.L., 21 Kan. App. 2d 878 (1995)
908 P.2d 629 In the Matter of J.L. No. 73,895Court of Appeals of Kansas Opinion filed December 22, 1995 Petition for review denied 259 Kan. ___ (February 6, 1996). SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review Interpretation of a statute is a question of law. An appellate court’s review of a […]
THOROUGHBRED ASSOC. v. KS. CITY ROYALTY CO., 45 Kan. App. 2d 312 (2011)
248 P.3d 758 THOROUGHBRED ASSOCIATES, L.L.C., et al., Appellants/Cross-appellees, v. KANSAS CITY ROYALTY COMPANY, L.L.C.; ROBERT E. THOMAS REVOCABLE TRUST; and D.D.H., L.L.C., Appellees/Cross-appellants. No. 102,598.Court of Appeals of Kansas. Opinion filed February 11, 2011. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Proof Required for and against Motion for Summary Judgment. A party […]
DAVIS v. CITY OF LEAVENWORTH, 243 Kan. 522 (1988)
759 P.2d 113 CLIFFORD F. DAVIS AND IVA L. DAVIS, Appellants, v. CITY OF LEAVENWORTH, KANSAS, and GREENAMYRE RENTALS, INC., Appellees. No. 61,326Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT 1. ZONING — Reasonableness of City Zoning Ordinance — Appeal — Statutory Authorization. K.S.A. 12-712 is the appropriate vehicle under […]
STATE v. DIGGS, 36 Kan. App. 2d xx (2006)
State v. Diggs. No. 95,974.Court of Appeals of Kansas. October 27, 2006. Appeal from the Saline. Unpublished Opinions Reversed; remanded with directions.
BRYANT v. STATE, 281 Kan. 1377 (2006)
Bryant v. State. No. 92,725.Supreme Court of Kansas. May 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
ENTZ v. BB AIRPARTS, INC., 32 Kan. App. 2d xxi (2004)
Entz v. BB Airparts, Inc. No. 91,143.Court of Appeals of Kansas. July 2, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
IN RE DWYER, 239 Kan. 149 (1986)
716 P.2d 197 In the Matter of DANIEL D. DWYER, Respondent. No. 58,995Supreme Court of Kansas Opinion filed March 28, 1986. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Opinion filed March 28, 1986. Public censure. Daniel D. Dwyer appeared and argued pro se. Roger N. Walter, disciplinary counsel, appeared […]
IN RE MARRIAGE OF JOHNSON, 32 Kan. App. 2d xxv (2003)
In re Marriage of Johnson. No. 89,915.Court of Appeals of Kansas. December 19, 2003. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
IN RE L.M., 286 Kan. 460 (2008)
186 P.3d 164 In the Matter of L.M. No. 96,197.Supreme Court of Kansas. Opinion filed June 20, 2008. SYLLABUS BY THE COURT1. JUVENILE JUSTICE CODE — Amendments to Code Since 1984 Have Eroded Character of Code That Distinguished It from Adult Criminal System. Changes to the Kansas Juvenile Justice Code since 1984 have eroded the […]
STATE v. GADELKARIM, 256 Kan. 671 (1994)
887 P.2d 88 STATE OF KANSAS, Appellee, v. NASIF GADELKARIM, Appellant. No. 69,897.Supreme Court of Kansas Opinion filed December 22, 1994. SYLLABUS BY THE COURT 1. JUDGES — Judicial Misconduct — Proof. Allegations of judicial misconduct during trial must be decided on the particular facts and circumstances surrounding such alleged misconduct. In order to warrant […]
STATE v. BROWN, 281 Kan. 1379 (2006)
State v. Brown. No. 92,413.Supreme Court of Kansas. May 10, 2006. Appeal from the 34 Kan. App. 2d 746. Petitions for Review of Decisions of the Court of Appeals Granted.
STATE v. DAVIS, 286 Kan. 1181 (2008)
State v. Davis. No. 97,988.Supreme Court of Kansas. November 22, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
MISSOURI VALLEY INVESTMENT CO. v. CURTIS, 12 Kan. App. 2d 386 (1987)
745 P.2d 683 MISSOURI VALLEY INVESTMENT COMPANY, Plaintiff, v. ANTHONY M. CURTIS AND CARRIE CURTIS, Defendants; JACK P. COOK, II, Appellee; and MIDAMERICAN BANK AND TRUST COMPANY, Appellant. No. 60,228Court of Appeals of Kansas Opinion filed November 18, 1987 SYLLABUS BY THE COURT 1. MORTGAGES — Provision Which Conveys Interest in Rents to Mortgagee — […]
SERVANTEZ v. SHELTON, 32 Kan. App. 2d 305 (2004)
81 P.3d 1263 LESLIE A. SERVANTEZ, Appellant, v. CRAIG J. SHELTON, Appellee. No. 90,045.Court of Appeals of Kansas. Opinion filed January 9, 2004. Petition for review denied 277 Kan. 925 (2004). SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on […]
IN RE HABEAS CORPUS APPLICATION OF PIERPOINT, 271 Kan. 620 (2001)
24 P.3d 128 In the Matter of the Petition of Michael J. Pierpoint for a Writ of Habeas Corpus. No. 86,079Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Exhaustion of Administrative Remedies. Before conditions of confinement may be reviewed in a habeas corpus proceeding, available administrative […]
FISHER v. STATE FARM MUT. AUTO. INS. CO., 264 Kan. 111 (1998)
955 P.2d 622 JAMES R. FISHER, TERRA M. HELM, and JOSHUA IAN HELM, by his conservator, FIRST UNITED NATIONAL BANK TRUST CO. in Great Bend, Kansas, Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, and THE KANSAS DEPARTMENT OF TRANSPORTATION and the ESTATE OF RALPH HORAN, deceased, Defendants. No. 77,231Supreme Court of Kansas Opinion […]
IN RE M.W., 281 Kan. 1378 (2006)
In re M.W. No. 94,055.Supreme Court of Kansas. June 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. RUIZ-REYES, 284 Kan. 950 (2007)
State v. Ruiz-Reyes. No. 95,056.Supreme Court of Kansas. May 9, 2007. Appeal from the 37 Kan. App. 2d 75. Pettions For Review of Decisions of The Court of Appeals Granted
STATE v. ANZUA-TORRES, 287 Kan. 766 (2009)
State v. Anzua-Torres. No. 97,674.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
IN RE McINTOSH, 259 Kan. 532 (1996)
912 P.2d 182 In The Matter of MICHAEL R. McINTOSH, Respondent. No. 74,494Supreme Court of Kansas Opinion filed March 8, 1996. SYLLABUS BY THE COURT ATTORNEY AND CLIENT — Disciplinary Proceeding — Appeal by Disciplinary Administrator from Dismissal of Charges — Disciplinary Administrator May Appeal from Dismissal of Single Count in Multi-count Complaint. Each count […]
STATE v. RANSOM, 288 Kan. 697 (2006)
207 P.3d 208 STATE OF KANSAS, Appellee, v. KENDRALL RANSOM, Appellant. No. 99,281.Supreme Court of Kansas. Opinion filed May 15, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Confession — District Court’s Ruling on Motion to Suppress Confession — Appellate Review. When reviewing a district court ruling on a motion to suppress a confession, an […]
SMITH v. FARHA, 266 Kan. 991 (1999)
974 P.2d 563 JAMES A.M. SMITH, D.O., Appellant, v. S. JIM FARHA, M.D., Appellee. No. 80,418Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. EVIDENCE — Peer Review Qualified Privilege — Reviewed and Applied. The definition of peer review contained in K.S.A. 1998 Supp. 65-4915(a)(3) is stated and applied in […]
STATE v. LABELLE, 290 Kan. 529 (2010)
STATE OF KANSAS, Appellee, v. KEVIN J. LABELLE, Appellant. No. 98,136.Supreme Court of Kansas. Opinion filed May 28, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Illegal Sentence — Appellate Review. The question of whether a sentence is illegal is a question of law over which this court has unlimited review. An illegal sentence is […]
MOSES v. STATE, 280 Kan. 984 (2005)
Moses v. State. No. 92,434.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
FOURTH NATIONAL BANK v. HILL, 181 Kan. 683 (1957)
314 P.2d 312 THE FOURTH NATIONAL BANK IN WICHITA, Appellee, v. FRED HILL and NELLIE B. HILL, His Wife; SAMMIE C. HILL; PRODUCERS LOAN COMPANY; FARMERS AND MECHANICS TRUST COMPANY; SECURITY NATIONAL BANK OF KANSAS CITY; NELSON H. POE; ALLEN H. POE and UNITED STATES OF AMERICA, Appellants. No. 40,564Supreme Court of Kansas Opinion filed […]
WILSON v. DAYTEC CONSTR. CO., 22 Kan. App. 2d 401 (1996)
916 P.2d 72 JOHN D. WILSON, Appellant, v. DAYTEC CONSTRUCTION COMPANY, Appellee. No. 74,113Court of Appeals of Kansas Opinion filed May 17, 1996 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Application. Summary judgment is proper where there is no genuine dispute as to any material fact and the only issue is a […]
STATE v. DUNCAN, 283 Kan. 932 (2007)
State v. Duncan. No. 94,798.Supreme Court of Kansas. February 14, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. ABEL, 261 Kan. 331 (1997)
932 P.2d 952 STATE OF KANSAS, Appellee, v. DOUGLAS LEON RAY ABEL, Appellant. No. 74,423Supreme Court of Kansas Opinion Filed January 24, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — 180-day Time Limit for Person Held in Jail Not Solely for Crime Charged. A person being held in jail not solely […]
STATE v. TURNER, 193 Kan. 189 (1964)
392 P.2d 863 STATE OF KANSAS, Appellee, v. ALVIN R. TURNER, Appellant. No. 43,651Supreme Court of Kansas Opinion filed June 6, 1964. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Failure to Establish Error — No Rights Prejudiced. The record presented on appeal from a conviction and sentence in a criminal action is examined, and […]
URBAN RENEWAL AGENCY v. NAEGELE OUTDOOR ADVERTISING CO., 208 Kan. 210 (1971)
491 P.2d 886 THE URBAN RENEWAL AGENCY OF KANSAS CITY, KANSAS, and THE CITY OF KANSAS CITY, KANSAS, Appellees, v. VINCENT V. LANE, Appellee, and NAEGELE OUTDOOR ADVERTISING CO., Appellant. No. 46,082Supreme Court of Kansas Opinion filed December 11, 1971. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Distribution of Appraisers’ Award — Judicial in […]
STATE v. BLAKE, 209 Kan. 196 (1972)
495 P.2d 905 THE STATE OF KANSAS, Appellee, v. RICHARD D. BLAKE, Appellant. No. 46,512Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Test of Insanity Stated. The test of insanity of an accused precluding his being put on trial for a criminal offense is his capacity […]
ROBLES v. CENTRAL SURETY INSURANCE CORPORATION, 188 Kan. 506 (1961)
363 P.2d 427 REFUGIO ROBLES, Appellant, v. CENTRAL SURETY INSURANCE CORPORATION, TRANSCONTINENTAL BUS SYSTEM, INC., and RAYMOND AVELAR, Appellees. No. 42,225Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Verdict and Findings — Extent of Appellate Review. The supreme court does not sit as a trier […]
SMITH v. McKUNE, 277 Kan. 925 (2003)
SMITH v. McKUNE. No. 89,463.Supreme Court of Kansas. December 23, 2003. Reported below 31 Kan. App. 2d 984. Petition for review denied.
MATHENA v. BURCHETT, 189 Kan. 350 (1962)
369 P.2d 487 ROBERTA ANN MATHENA, by Robert E. Mathena, her father and next friend, Appellee, v. FRANCIS BURCHETT, Appellant. No. 42,522Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. AUTOMOBILES — Overruling Motion for Directed Verdict — Instructions — Motion for Mistrial. In an action to recover for personal […]
JENKINS v. UNITED STATES FIRE INS. CO., 185 Kan. 665 (1959)
347 P.2d 417 MABELLE M. JENKINS, formerly Mabelle M. Balloun, individually, and as Trustee of the R.G. Balloun, Trust, Appellant, v. UNITED STATES FIRE INSURANCE COMPANY, a Corporation, Appellee. No. 41,519Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy — Intent of Parties. Where it […]
IN RE LONG, 255 Kan. 792 (1994)
877 P.2d 421 In the Matter of GARY W. LONG, II, Respondent. No. 70,780Supreme Court of Kansas Opinion filed July 8, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Supervised Probation. Original proceeding in discipline. Opinion filed July 8, 1994. Supervised probation. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, […]
STATE v. ROBINSON, 32 Kan. App. 2d xl (2004)
State v. Robinson. No. 90,815.Court of Appeals of Kansas. May 28, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
LEIGH v. HUDSPETH, 169 Kan. 652 (1950)
219 P.2d 1074 LORRAINE LEIGH, Petitioner, v. ROBERT H. HUDSPETH, Warden of the Kansas State Penitentiary, Respondent. No. 38,028Supreme Court of Kansas Opinion filed July 8, 1950. SYLLABUS BY THE COURT HABEAS CORPUS — No Substitute for Appeal. The record examined in a proceeding for a writ of habeas corpus, and held, that the petitioner […]
STATE v. THOMAS, 257 Kan. 228 (1995)
891 P.2d 417 STATE OF KANSAS, Appellee, v. DAVID G. THOMAS, Appellant. No. 70,872Supreme Court of Kansas Opinion filed March 10, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — New Trial — Newly Discovered Evidence — When Hearing on New Trial Motion Required. A defendant who files a motion for a new trial based […]
SUNDGREN v. TOPEKA TRANSPORTATION CO., 178 Kan. 83 (1955)
283 P.2d 444 JOHN L. SUNDGREN, Appellee, v. THE TOPEKA TRANSPORTATION COMPANY, INCORPORATED, Appellant. Nos. 39,692 and 39,779Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Negligent Third Party — Nature of Interest Between Employer and Employee. Under the provisions of the Workmen’s Compensation Act pertaining to […]
STATE v. VOIGT, 286 Kan. 1185 (2008)
State v. Voigt. Nos. 97,370, 97,371.Supreme Court of Kansas. April 23, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
BENCHMARK INS. CO. v. ATCHISON, 36 Kan. App. 2d 373 (2006)
138 P.3d 1279 BENCHMARK INSURANCE COMPANY, Appellee, v. CLYDE AND DINAH ATCHISON, INDIVIDUALLY AND AS NATURAL PARENTS OF DUSTIN ATCHISON, A MINOR, et al., Appellees, and KAYLA MELL, A MINOR, BY AND THROUGH HER FATHER AND NEXT FRIEND, GEORGE T. MELL, Appellants. No. 94,266.Court of Appeals of Kansas. Opinion filed August 4, 2006. SYLLABUS BY […]
HERNANDEZ v. STATE, 32 Kan. App. 2d xxii (2004)
Hernandez v. State. No. 90,355.Court of Appeals of Kansas. March 12, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
TOLEN v. STATE, 285 Kan. 672 (2008)
176 P.3d 170 GARNET C. TOLEN, JR., Appellant, v. STATE OF KANSAS, Appellee. No. 95,106.Supreme Court of Kansas. Opinion filed February 1, 2008. SYLLABUS BY THE COURT1. STATUTES — Constitutionality — Presumption of Constitutionality — Appellate Review. The constitutionality of a statute is presumed, and all doubts must be resolved in favor of the validity […]
CRAIG v. CRAIG, 197 Kan. 345 (1966)
416 P.2d 297 LOYD E. CRAIG, JR., Appellant, v. SHIRLEY M. CRAIG, Appellee. No. 44,530Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT DIVORCE — Appeal From Alimony Award and Attorney Fees — Judgment Excessive and Modified. The record in a divorce action where the husband appeals from the alimony feature […]
MUTUAL LIFE INS. CO. v. BERNASEK, 235 Kan. 726 (1984)
682 P.2d 667 THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, A NEW YORK, Corporation, Appellee, v. DONALD E. BERNASEK and MERLE L. BERNASEK, Appellants, OKETO STATE BANK; W.R. GRACE CO.; and FARMERS GROUP PURCHASING, INC., Defendants. No. 56,193Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. CONSUMER CREDIT — […]
SPORTS CENTER, INC., v. CITY OF WICHITA, 176 Kan. 84 (1954)
269 P.2d 399 SPORTS CENTER, INC., Appellee, v. THE CITY OF WICHITA; RUSSELL JUMP, Mayor; WALT KEELER, Commissioner; L.A. DONNELL, Commissioner; FLOYD T. AMSDEN, Commissioner; W.C. SALOME, JR., Commissioner; and C.C. ELLIS, City Clerk of the City of Wichita, Appellants. No. 39,295Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. […]
STATE v. DILLARD, 20 Kan. App. 2d 660 (1995)
890 P.2d 1248 STATE OF KANSAS, Appellee, v. DEE SHANNON DILLARD, Appellant. No. 71,891Court of Appeals of Kansas Opinion filed March 10, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Consecutive Sentence — Revocation of Felony Probation Because of New Felony Conviction. A consecutive sentence is mandated when a felony probation is […]
IN RE IVESTER, 291 Kan. 744 (2011)
In the Matter of MARY IVESTER, Respondent. No. 104,806.Supreme Court of Kansas. Opinion filed February 4, 2011. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed February 4, 2011. Indefinite suspension. Kimberly L. Knoll, Deputy Disciplinary Administrator, argued the cause, and Stanton A. Hazlett, Disciplinary […]
STATE v. RICHARDSON, 280 Kan. 990 (2005)
State v. Richardson. No. 92,265.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
EVELEIGH v. CONNESS, 261 Kan. 970 (1997)
933 P.2d 675 ARLENE EVELEIGH, County Commissioner of Trego County, Appellant, v. KATHLEEN CONNESS, Trego County Clerk, Trego County, Kansas, Appellee. No. 77,177Supreme Court of Kansas Opinion filed: March 7, 1997. SYLLABUS BY THE COURT 1. AFFIDAVITS — Whether Document Constitutes Affidavit — Question of Law — Appellate Review. The question of whether a document […]
SECURITIES ACCEPTANCE CORP. v. HANSFORD, 174 Kan. 453 (1953)
257 P.2d 173 SECURITIES ACCEPTANCE CORPORATION, a Corporation, Appellee, v. TERRY H. HANSFORD, Appellant, and THE SCHOONOVER MOTORS, INC., a Corporation, Appellee. No. 38,920Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT 1. PLEADING — Replevin Action — Additional Party Defendant — Motions to Strike. In an action by the endorsee […]
STATE v. COBB, 30 Kan. App. 2d 544 (2002)
43 P.3d 855 STATE OF KANSAS, Appellee/Cross-appellant, v. ARTIS TERMAIN COBB, Appellant/Cross-appellee. Nos. 85,309 No. 85,445Court of Appeals of Kansas Opinion filed: April 12, 2002. Petition for Review denied 274 Kan. 1115 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Extrajudicial Statement of Accused — Voluntariness — Appellate Review. When a trial court conducts […]
STATE v. GREY, 36 Kan. App. 2d xx (2006)
State v. Grey. No. 94,166.Court of Appeals of Kansas. December 1, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
VERONEE v. STATE, 193 Kan. 681 (1964)
396 P.2d 360 ANTHONY A. VERONEE, Appellant, v. STATE OF KANSAS, Appellee. No. 43,975Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Modification of Sentences — No Power to Increase Sentences. On January 19, 1961, in the district court of Norton county, defendant, upon his plea of guilty, […]
OSBORNE v. UNION LABOR LIFE INS. CO., 93,471 (Kan.App. 11-4-2005)
122 P.3d 42 OSBORNE v. UNION LABOR LIFE INS. CO. No. 93,471.Court of Appeals of Kansas. November 4, 2005. Appeal from Marshall. Decision without published opinion. Affirmed.
STATE v. POWELL, 45 Kan. App. 2d 1090 (2011)
257 P.3d 1244 STATE OF KANSAS, Appellee, v. RYAN POWELL, Appellant. No. 102,749.Court of Appeals of Kansas. Opinion filed June 24, 2011. SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Evidence Seized in Reliance on Search Warrant — Admissibility of Evidence When Later Determined That Warrant Not Supported by Probable Cause. The United States Supreme […]
FLOYD v. GENERAL MOTORS CORP., 25 Kan. App. 2d 71 (1998)
960 P.2d 763 MARLA FLOYD and GARY FLOYD, Appellants, v. GENERAL MOTORS CORPORATION, GOFF MOTORS, INC., and CHRISTOPHER PONTIAC, INC., Appellees. No. 74,581[1] Court of Appeals of Kansas Opinion filed January 23, 1998. [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated April 28, 1998, […]