STATE v. DAVIS. No. 89,480.Supreme Court of Kansas. February 10, 2004. Reported below 31 Kan. App. 2d 1078. Petition for review denied.
Category: Kansas Court Opinions
BAYLESS v. BAYLESS, 193 Kan. 79 (1964)
392 P.2d 132 JAY J. BAYLESS, Appellee, v. MONTY BAYLESS, d/b/a BAYCO HOUSE MOVING COMPANY, and MID-CONTINENT CASUALTY COMPANY OF TULSA, OKLAHOMA, Appellants. No. 43,627Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT INSURANCE — Liability Insurance — Action Against House Mover and Insurer — — Insurer Improperly Joined. In an […]
VAKAS, ADMINISTRATRIX v. COLLINS, 189 Kan. 178 (1962)
368 P.2d 271 MARIA S. VAKAS, Administratrix, Appellee, v. RONALD COLLINS, Appellant, and LEE PYLE, Defendant. No. 42,447Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT APPEAL AND ERROR — Motions Equivalent to Demurrers — Subsequent Filing of Demurrer — Appeal Not Timely Perfected. In an action for wrongful death the […]
STATE v. MCGLOTHEN, 287 Kan. 768 (2009)
State v. McGlothen. No. 91,723.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. DAVIS, 2 Kan. App. 2d 698 (1978)
587 P.2d 3 STATE OF KANSAS, Appellee, v. DONALD E. DAVIS, Appellant. No. 49,675Court of Appeals of Kansas Opinion filed December 1, 1978 Petition for review denied February 28, 1979. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Hearsay — Business Records Exception. The business records exception to the hearsay rule renders admissible hearsay statements […]
RAKES v. WRIGHT COOPERATIVE EXCHANGE, 185 Kan. 794 (1959)
347 P.2d 389 CLYDE F. RAKES, Appellee, v. WRIGHT COOPERATIVE EXCHANGE, FARMERS ELEVATOR MUTUAL CASUALTY COMPANY, FARMERS ELEVATOR MUTUAL INSURANCE COMPANY, Appellants. No. 41,721Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Findings Supported by Evidence — Extent of Appellate Review. In workmen’s compensation cases it is the […]
RUSSELL v. BRADEN, 42 Kan. App. 2d 811 (2009)
217 P.3d 997 DANIEL RUSSELL, A MINOR, BY AND THROUGH HIS NEXT FRIEND, GARY RUSSELL; GARY RUSSELL; AND MARCELLA RUSSELL, Appellants, v. BRIAN BRADEN, A MINOR, BY AND THROUGH HIS NEXT FRIEND AND MOTHER, SHARA FARRAN-FLAHERTY; SHARA FARRAN-FLAHERTY; AND LARRY FLAHERTY; et al., Defendants, AND CHRIS BRADEN, Appellee. No. 101,100.Court of Appeals of Kansas. Opinion […]
CITY OF SALINA v. DIX, 283 Kan. 930 (2007)
City of Salina v. Dix. No. 96,072.Supreme Court of Kansas. March 27, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. McPHERSON, 279 Kan. x (2005)
State v. McPherson. No. 92,568.Supreme Court of Kansas. June 3, 2005. Appeal from the Sedgwick. Unpublished Opinions Appeal dismissed.
STATE v. SNODGRASS, 252 Kan. 253 (1992)
843 P.2d 720 STATE OF KANSAS, Appellee, v. RANDY SNODGRASS, Appellant. No. 67,291Supreme Court of Kansas Opinion filed December 14, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Extrajudicial Statement of Accused — Voluntariness — Determination by Trial Court — Appellate Review. When a trial court conducts a full pretrial hearing on the admissibility […]
NINEMIRE v. KANSAS DEPT. OF SRS, 284 Kan. 582 (2007)
162 P.3d 22 GARY NINEMIRE and TIFFANY NINEMIRE, Appellants, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee. No. 96,461.Supreme Court of Kansas. Opinion filed July 13, 2007. SYLLABUS BY THE COURT1. STATUTES — Doctrine of Operative Construction — Courts Give Deference to Administrative Agency’s Interpretation of Statutes — Courts Have Final Authority in Interpreting […]
STATE v. SANDERS, 284 Kan. 950 (2007)
State v. Sanders. No. 95,230.Supreme Court of Kansas. October 1, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 6-28-2002)
48 P.3d 695Court of Appeals of Kansas June 28, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Benoit….. 84251 Sedgwick 06/28/2002 Reversed and remanded for sentencing Sayles v. State….. 85934 Sedgwick 06/28/2002 Appeal dismissed State v. Miller….. 86695 Lane 06/28/2002 Sentence vacated and case remanded with directions Crain v. State…… 86743 […]
SMITH v. MR. D’S, INC., 197 Kan. 83 (1966)
415 P.2d 251 EVA JANE SMITH, Appellee, v. MR. D’s, INC., Appellant. No. 44,470Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Determining Whether Verdict Supported by Evidence — Scope of Review. When a jury verdict is challenged as not being supported by evidence, the duty […]
GIBSON v. METROPOLITAN LIFE INS. CO., 213 Kan. 764 (1974)
518 P.2d 422 BILLEE GIBSON and PHILLIP GIBSON, Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellee. No. 47,103Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. INSURANCE — Statute Relating to Pro Rata Refund Considered. The provisions of K.S.A. 1973 Supp. 40-2203, relating to pro rata refund of premiums in certain […]
STATE v. FLOWERS, 278 Kan. 849 (2004)
STATE v. FLOWERS. No. 89,859.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
COATS v. STATE, 196 Kan. 607 (1966)
413 P.2d 81 ROBERT VICTOR COATS, Appellant, v. STATE OF KANSAS, Appellee. No. 44,505Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgments and Sentences — When Joining Two Different Cases Permitted. A prisoner may join an attack on sentences and judgments arising out […]
SPIVEY v. SAFECO INS. CO., 254 Kan. 237 (1993)
865 P.2d 182 THOMAS S. SPIVEY, Appellant, v. SAFECO INSURANCE COMPANY and AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Appellees. No. 69,112Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment. Rules for granting summary judgment are stated. 2. INSURANCE — Insurer’s Duty to Defend — Determination Whether Duty […]
STATE v. PONCE, 258 Kan. 708 (1995)
907 P.2d 876 STATE OF KANSAS, Appellant, v. JOSE PONCE, Appellee. No. 72,871Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. STATUTES — Separation of Powers Doctrine — General Principles. General principles to be considered when a statute is attacked as being violative of the separation of powers doctrine are […]
SHIELDS OIL PRODUCERS, INC. v. COUNTY OF RUSSELL, 229 Kan. 579 (1981)
629 P.2d 152 SHIELDS OIL PRODUCERS, INC., et al., Appellees, v. THE COUNTY OF RUSSELL, KANSAS, et al., Appellants. No. 52,348Supreme Court of Kansas Opinion filed June 10, 1981. SYLLABUS BY THE COURT 1. COUNTIES — Board of Equalization — Duties Discussed. Duties of a county board of equalization are discussed and equalization process is […]
FIDELITY DEPOSIT CO. OF MD v. SHAWNEE ST. BANK, 13 Kan. App. 2d 182 (1988)
766 P.2d 191 FIDELITY DEPOSIT COMPANY OF MARYLAND, Appellant, v. THE SHAWNEE STATE BANK, Appellee. No. 62,122Court of Appeals of Kansas Opinion filed December 22, 1988 Petition for review denied 244 Kan. 737. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Real Party in Interest. The real party in interest is the person who possesses […]
KATZENMEIER v. OPPENLANDER, 286 Kan. 1178 (2008)
Katzenmeier v. Oppenlander. No. 98,025.Supreme Court of Kansas. July 3, 2008. Appeal from the 39 Kan. App. 2d 259. Petition for Review of Decision of the Court of Appeal Denied.
MARBUT v. MOTOR VEHICLE DEPARTMENT, 194 Kan. 620 (1965)
400 P.2d 982 LUTHER T. MARBUT, Appellee, v. MOTOR VEHICLE DEPARTMENT OF THE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. No. 44,004Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT AUTOMOBILES — Driving While Under Influence of Liquor — Refusal to Submit to Blood Test — Failure to Obtain Conviction […]
STATE v. WOOLRIDGE, 2 Kan. App. 2d 449 (1978)
581 P.2d 403 STATE OF KANSAS, Appellee, v. DONALD WOOLRIDGE, Appellant. No. 49,441Court of Appeals of Kansas Opinion filed July 21, 1978 Petition for review denied September 13, 1978. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Best Evidence Rule — Application. The best evidence rule, K.S.A. 60-467(a,) applies only where the contents of a […]
KELLEY v. STATE, 93,525 (Kan.App. 11-18-2005)
122 P.3d 838 KELLEY v. STATE. No. 93,525.Court of Appeals of Kansas. November 18, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
IN RE RUTHER, 285 Kan. 808 (2008)
175 P.3d 251 In the Matter of SCOTT L. RUTHER, Respondent. No. 99,079.Supreme Court of Kansas. Opinion filed February 1, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed February 1, 2008. Indefinite suspension. Janith A. Davis, deputy disciplinary administrator, argued the cause and was […]
STATE v. CAVANESS, 278 Kan. 469 (2004)
101 P.3d 717 STATE OF KANSAS, Appellee, v. KYLE CAVANESS, Appellant. No. 91,041.Supreme Court of Kansas. Opinion filed December 3, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instruction — When Required — Appellate Review. A trial court must instruct the jury on a lesser included offense where there […]
BROOKS v. STATE, 211 Kan. 210 (1973)
505 P.2d 766 BRUCE L. BROOKS, Appellant, v. STATE OF KANSAS, Appellee. No. 46,796Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate Sentence — Habitual Criminal Act — Nature of Sentence Imposed. Appeal from Saline district court; RAYMOND E. HAGGART, judge. Opinion filed January 20, 1973. Affirmed. […]
AVERY v. CITY OF LYONS, 181 Kan. 670 (1957)
314 P.2d 307 ROY AVERY and LULU AVERY, Appellees, v. THE CITY OF LYONS, KANSAS, a Municipal Corporation, Appellant. No. 40,484Supreme Court of Kansas Opinion filed July 31, 1957. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Explosion and Fire from Escape of Gas — Admissibility of Assessment Sheets — Remarks of Trial Court — New […]
LAW v. LAW COMPANY BUILDING ASSOCS., 42 Kan. App. 2d 278 (2009)
MARGARET RUSSELL LAW, Appellant, v. LAW COMPANY BUILDING ASSOCIATES, A KANSAS LIMITED PARTNERSHIP, AND THE LAW COMPANY, INC., A KANSAS CORPORATION, Appellees. No. 100,497.Court of Appeals of Kansas. Opinion filed July 10, 2009. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and […]
VAN MOL v. URBAN RENEWAL AGENCY, 194 Kan. 773 (1965)
402 P.2d 320 JEREMIAH and ELLA VAN MOL, Appellees, v. THE URBAN RENEWAL AGENCY OF KANSAS CITY, KANSAS, and THE CITY OF KANSAS CITY, KANSAS, Appellants. No. 44,063Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Instruction — Absent Market Value — Method of Arriving at Verdict […]
KIM v. BRUCE, 278 Kan. 846 (2004)
KIM v. BRUCE. No. 91,611.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
STATE v. JONES, 187 Kan. 496 (1960)
357 P.2d 760 STATE OF KANSAS, Appellee, v. OMAR AMOS JONES, JR., Appellant. No. 42,186Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT CRIMINAL LAW — First Degree Robbery — Conduct of Juror — Examination of Witness by Judge. The record in a criminal prosecution for robbery in the first degree […]
EDMONDS v. LAWRENCE NAT’L BANK TR. CO., 16 Kan. App. 2d 331 (1991)
823 P.2d 219 BENNY L. EDMONDS and SHIRLEY J. EDMONDS, Appellants, v. LAWRENCE NATIONAL BANK TRUST Co., N.A., Appellee. No. 66,506Court of Appeals of Kansas Opinion filed December 20, 1991 SYLLABUS BY THE COURT BANKRUPTCY — Frivolous and Malicious Pleading — Sanctions — Federal Sanctions Preempt State Court Remedies. The existence of federal sanctions for […]
FRAZEE v. MASCHNER, 12 Kan. App. 2d 525 (1988)
750 P.2d 418 KENNETH L. FRAZEE, Appellant, v. HERB MASCHNER, et al., Appellees. No. 60,436Court of Appeals of Kansas Opinion filed February 25, 1988 Petition for review denied April 13, 1988. SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Good Time Credits of Inmate — Discretion of Penal Authorities. As a general rule, the grant […]
STATE v. RICHMOND, 258 Kan. 449 (1995)
904 P.2d 974 STATE OF KANSAS, Appellee, v. JAMES E. RICHMOND, Appellant. No. 72,142Supreme Court of Kansas Opinion filed October 27, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. If the sufficiency of evidence is challenged in a criminal case, the standard of review is whether, after review […]
SKELLEY v. SIMMONS, 32 Kan. App. 2d xxx (2003)
Skelley v. Simmons. No. 90,466.Court of Appeals of Kansas. November 21, 2003. Appeal from the Leavenworth. Unpublished Opinions Affirmed.
STATE v. WILKIE, 19 Kan. App. 2d 969 (1994)
879 P.2d 39 STATE OF KANSAS, Appellee, v. CHRISTOPHER L. WILKIE, Appellant. No. 70,693Court of Appeals of Kansas Opinion filed August 12, 1994 Petition for review denied 256 Kan. ___ (November 8, 1994). SYLLABUS BY THE COURT CRIMINAL LAW: Plea Agreement — No Sentence Recommendation Contained in Plea Agreement — Imposition of Sentence Requested by […]
BOARD OF EDUCATION OF SCHOOL DIST. No. 1 v. ROBB, 168 Kan. 368 (1949)
212 P.2d 306 BOARD OF EDUCATION OF SCHOOL DISTRICT No. 1, CITY OF GREAT BEND, KANSAS, Plaintiff, v. GEORGE ROBB, Auditor of the State of Kansas, Defendant. No. 37,858Supreme Court of Kansas Opinion filed December 10, 1949. SYLLABUS BY THE COURT STATUTES — Uniform Operation of Law — Constitutionality. Laws 1949, chapter 396, examined and […]
BRANDON v. STATE, 275 Kan. 963 (2003)
BRANDON v. STATE. No. 88,241.Supreme Court of Kansas February 4, 2003. Reported below Unpublished. Petition for review denied.
IN RE MARRIAGE OF SANDHU, 41 Kan. App. 2d 975 (2009)
207 P.3d 1067 In the Matter of the Marriage of PAUL SARBJEET SANDHU, Appellee, and EMRINDER KAUR SANDHU, Appellant. No. 100,655.Court of Appeals of Kansas. Opinion filed May 15, 2009. MEMORANDUM OPINION1. JURISDICTION — Existence of Jurisdiction — Appellate Review — Issue of Subject Matter Jurisdiction May Be Raised at Any Time. Whether jurisdiction exists […]
STATE v. JACOB, 8 Kan. App. 2d 729 (1983)
667 P.2d 397 STATE OF KANSAS, Appellant, v. LONNIE JACOB, Appellee. No. 55,528Court of Appeals of Kansas Opinion filed August 4, 1983 SYLLABUS BY THE COURT CRIMINAL LAW — Search and Seizure — Affidavit to Support Search Warrant Insufficient. On interlocutory appeal by the State, it is held that the trial court correctly concluded the […]
FIRST NAT’L BK OF MANHATTAN v. KAN. DEPT OF REV., 13 Kan. App. 2d 706 (1989)
779 P.2d 457 THE FIRST NATIONAL BANK OF MANHATTAN, KANSAS, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 63,428Court of Appeals of Kansas Opinion filed August 25, 1989 SYLLABUS BY THE COURT 1. TAXATION — Consolidated Federal Income Tax Return Does Not Require Entities to File Consolidated State Tax Return. The fact that a bank […]
STATE v. COBB, 229 Kan. 522 (1981)
625 P.2d 1133 STATE OF KANSAS, Appellee, v. KATHLEEN R. COBB, Appellant. No. 52,450Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT CRIMINAL LAW — Assisting Suicide — Malice — Refusal to Give Defendant’s Instructions. In a criminal appeal, the record is examined and it is held the trial court did […]
STATE v. WASHINGTON, 32 Kan. App. 2d xliii (2004)
State v. Washington. No. 90,932.Court of Appeals of Kansas. May 21, 2004. Appeal from the Shawnee. Unpublished Opinions Affirmed.
STATE v. CHEEKS, 253 Kan. 93 (1993)
853 P.2d 655 STATE OF KANSAS, Appellee, v. ALONZO CHEEKS, Appellant. No. 68,147Supreme Court of Kansas Opinion filed May 28, 1993. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Error in Giving or Failure to Give Instruction — Instructions to Be Read as a Whole. In determining whether there is error in giving […]
STATE v. MAXWELL, 35 Kan. App. 2d xviii (2006)
State v. Maxwell. No. 93,791.Court of Appeals of Kansas. March 10, 2006. Appeal from the Reno. Unpublished Opinions Reversed; remanded.
THOMAS v. STATE, 199 Kan. 459 (1967)
430 P.2d 268 EARL RAY THOMAS, Appellant, v. STATE OF KANSAS, Appellee. No. 44,918Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate — Successive Motions. In a proceeding under K.S.A. 60-1507 to vacate a conviction and sentence, the record is examined and it is […]
GUNBY v. STATE, 291 Kan. XVII (2010)
Gunby v. State. No. 101,271.Supreme Court of Kansas. January 10, 2011. Appeal from the Unpublished Petitions For Review Of Decisions Of The Court Of Appeals Denied.
STATE v. WRIGHT, 219 Kan. 808 (1976)
549 P.2d 958 STATE OF KANSAS, Appellee, v. DAVID WRIGHT, Appellant. No. 48,018Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Test to Determine Capacity to Make Confession — M’Naghten Test. The test to be applied in determining the mental capacity of an accused to make an […]
STATE v. BUTLER, 32 Kan. App. 2d xxxii (2004)
State v. Butler. No. 90,049.Court of Appeals of Kansas. March 5, 2004. Appeal from the Lyon. Unpublished Opinions Affirmed in part; reversed in part; remanded with directions.
NICKELSON v. BOARD OF COUNTY COMMISSIONERS, 209 Kan. 53 (1972)
495 P.2d 1015 A.E. NICKELSON, et al., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LYON, et al., Appellees. No. 46,226Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. TAXATION — Lands or Improvements Omitted from Rolls — Escaped Taxes, Levies or Assessments — Exception — Duty […]
STATE v. MARKS, 226 Kan. 704 (1979)
602 P.2d 1344 STATE OF KANSAS, Appellee, v. DEREA L. MARKS, JR., a/k/a LARRY MARKS, Appellant. No. 50,491Supreme Court of Kansas Opinion filed December 1, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Motion to Suppress Denied — Lesser Offense Instructions — Lineup Evidence — Discovery — Late Endorsement of Witness […]
LONDERHOLM v. UNIFIED SCHOOL DISTRICT, 199 Kan. 312 (1967)
430 P.2d 188 ROBERT C. LONDERHOLM, Attorney General of the State of Kansas, Appellant and Cross-Appellee, and KANSAS CITY, KANSAS, BRANCH NAACP, Intervener-Appellant and Cross-Appellee, v. UNIFIED SCHOOL DISTRICT No. 500 and RALPH E. EVANS, JOE H. VAUGHN, ROBERT A. FOTHERGILL, RALPH A. FULTON, JOHN O. YULICH and MRS. R.W. SCOVILLE, As Members of Said […]
CHERRY v. JOYCE, 168 Kan. 475 (1950)
213 P.2d 1010 FRED CHERRY, doing business as CHERRY REALTY COMPANY, Appellee, v. EDWARD E. JOYCE, Appellant. No. 37,735Supreme Court of Kansas Opinion filed January 28, 1950. SYLLABUS BY THE COURT 1. EVIDENCE — Parol Evidence Rule — Written Contracts. It is a general rule of law that where parties carry on oral negotiations and […]
IN RE MARRIAGE OF QUINT, 258 Kan. 666 (1995)
907 P.2d 818 In the Matter of the Marriage of KIM RENE (QUINT) PFEIFER, Appellee, and CARL A. QUINT, Appellant. No. 72,441Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Statutory interpretation is a question of law. As such, this court exercises an unlimited, […]
MULLINS v. CITY OF EL DORADO, 200 Kan. 336 (1968)
436 P.2d 837 MINNIE E. MULLINS, JOHN R. ANDERSON, EDITH CAPITOLA ANDERSON, ROY A. PHILLIPS, JR., ETHELENE E. PHILLIPS, et al., Appellees, v. THE CITY OF EL DORADO, KANSAS, a municipal corporation, Appellant. No. 44,910Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. TAXATION — When Court May Grant Relief […]
STATE v. GARCIA, 243 Kan. 662 (1988)
763 P.2d 585 STATE OF KANSAS, Appellee, v. RAMON A. GARCIA, Appellant. No. 60,313Supreme Court of Kansas Opinion filed October 28, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aider and Abettor. A person is criminally responsible for a crime committed by others if that person intentionally aids and abets others in the commission […]
STANDARD OIL CO. v. CLEMENTS, 182 Kan. 63 (1957)
318 P.2d 1023 STANDARD OIL COMPANY, a Corporation, Appellee, v. (WILLARD D. MENTZER, DORIS M. MENTZER, Defendants), J.W. CLEMENTS, Appellant. Nos. 40,659 and 40,783Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT VENUE — Disqualification of Judge — Duty of Judge. Upon the granting of a motion for change of venue, […]
STATE v. WOOD, 277 Kan. 928 (2003)
STATE v. WOOD. No. 89,357.Supreme Court of Kansas. December 23, 2003. Reported below Unpublished. Petition for review denied.
MOORE v. STATE HIGHWAY COMMISSION, 191 Kan. 624 (1963)
383 P.2d 549 W. EDGAR MOORE, Appellant, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 43,203Supreme Court of Kansas Opinion filed July 10, 1963. SYLLABUS BY THE COURT 1. HIGHWAYS — New Controlled Access Highway — No Access Right Taken. Although an abutting property owner upon a conventional highway has a special private right […]
STATE v. JONES, 44 Kan. App. 2d 139 (2010)
STATE OF KANSAS, Appellee, v. KELLAM D. JONES, Appellant. No. 101,936.Court of Appeals of Kansas. Opinion filed: June 25, 2010. SYLLABUS BY THE COURTCRIMINAL LAW — Prosecution of Juvenile as Adult — Certification Need Not Be Determined by Jury — Caselaw on Issue Compared and Applied to Facts of Case. State v. Jones, 273 Kan. […]
STATE v. NADING, 214 Kan. 249 (1974)
519 P.2d 714 STATE OF KANSAS, Appellee, v. CHARLES L. NADING, Appellant. No. 47,210Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Burglary — Appearance Before Magistrate Without Delay — Admission of Convictions — Evidence Supported Conviction. The record in a criminal action wherein defendant was convicted […]
STATE v. STEVENS, 281 Kan. 1381 (2006)
State v. Stevens. No. 94,479.Supreme Court of Kansas. June 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. JONES, 222 Kan. 56 (1977)
563 P.2d 1021 STATE OF KANSAS, Appellee, v. THADDEUS JONES Appellant. No. 48,238Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. TRIAL — Right to Separate Trials — Waiver. The right to request a separate trial is a right which may be waived. 2. CRIMINAL LAW — Jointly Charged Defendants […]
AMERICAN FENCE CO. v. GESTES, 190 Kan. 393 (1962)
375 P.2d 775 AMERICAN FENCE COMPANY OF THE MIDWEST, INC., a Corporation, Appellee, v. RAYMOND GESTES, d/b/a ALL-AMERICAN FENCE COMPANY; W.E. CHARLES; and SOUTHWESTERN BELL TELEPHONE COMPANY, INC., a Corporation, Appellants. No. 42,820Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT 1. TRADE-NAMES — Action to Enjoin — Unfair Competition. A […]
STATE v. SCHROEDER, 32 Kan. App. 2d xli (2004)
State v. Schroeder. No. 90,188.Court of Appeals of Kansas. May 7, 2004. Appeal from the Saline. Unpublished Opinions Reversed; remanded with directions.
STATE v. NOAH, 36 Kan. App. 2d xxiii (2006)
State v. Noah. No. 91,353.Court of Appeals of Kansas. July 14, 2006. Appeal from the Rooks. Unpublished Opinions Reversed; remanded.
STATE v. PRICE, 247 Kan. 100 (1990)
795 P.2d 57 STATE OF KANSAS, Appellant, v. TYRONE J. PRICE, Appellee. No. 63,645Supreme Court of Kansas Opinion filed July 13, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Accused’s Extrajudicial Statements or Confession — Voluntariness — Jackson v. Denno Hearing. The purpose of a Jackson v. Denno hearing is to allow the trial […]
STATE v. HENNING, 38 Kan. App. 2d 706 (2007)
171 P.3d 660 STATE OF KANSAS, Appellant, v. RANDY HENNING, Appellee, and KELLY ZABRISKIE, Appellee. Nos. 98,118, 98,119.Court of Appeals of Kansas. Opinion filed November 30, 2007. SYLLABUS BY THE COURTCRIMINAL LAW — Search Incident to Arrest — Search of Person Arrested as Well as Area within Such Person’s Immediate Presence — Constitutionality of Statute […]
THOMAS v. THOMAS, 250 Kan. 235 (1992)
824 P.2d 971 GROVER THOMAS, Appellee, v. RONALD THOMAS, Defendant, and MONUMENTAL LIFE INSURANCE COMPANY, Appellant. No. 66,484Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. INSURANCE — Life Insurance — Conditional Receipt — Contract Expires if Not Received by Applicant within Specified Time. When a conditional receipt for life […]
IN RE KELLER, 273 Kan. 981 (2002)
46 P.3d 1135 IN THE MATTER OF THE ESTATE OF NORMAN C. KELLER, DECEASED. KAREN KELLER, EXECUTRIX, Appellant. No. 87,770Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. JUDGMENTS — Declaratory Judgment — Statute Authorizes Administrator of Estate or Trust to Bring Action to Clarify Administrative Questions. The declaratory judgment […]
STATE, EX REL., v. HENDERSON, 179 Kan. 142 (1956)
292 P.2d 718 STATE OF KANSAS, ex rel., LAURENCE R. MULLIKEN (JULES V. DOTY), County Attorney of Cherokee County, Kansas, Appellee, v. G.W. HENDERSON, County Clerk of Cherokee County, Kansas; HAROLD B. RELF, County Superintendent of Public Instruction of Cherokee County, Kansas; and THE BOARD OF EDUCATION OF THE CITY OF WEIR of the State […]
PERSIMMON HILL FIRST HOMES ASS’N v. LONSDALE, 31 Kan. App. 2d 889 (2003)
75 P.3d 278 PERSIMMON HILL FIRST HOMES ASSOCIATION, Appellant, v. HOWARD and CARRIE LONSDALE, Appellees. No. 89,410.Court of Appeals of Kansas. Opinion filed August 29, 2003. SYLLABUS BY THE COURT1. REAL PROPERTY — Restrictive Covenant — Enforceability. The enforceability of restrictive covenants has its origin in common law and has long been recognized in the […]
STATE v. JONES, 24 Kan. App. 2d 669 (1998)
951 P.2d 1302 STATE OF KANSAS, Appellee, v. LEWIS JONES, JR., Appellant. Nos. 76,420, 76,421Court of Appeals of Kansas Opinion filed January 9, 1998. SYLLABUS BY THE COURT 1. STATUTES — Separation of Powers Analysis — Presumption of Constitutionality. In a separation of powers analysis, the challenged statute is presumed constitutional, and all doubts must […]
FUSARO v. FIRST FAMILY MTG. CORP., 17 Kan. App. 2d 730 (1992)
843 P.2d 737 MARION J. FUSARO, Appellant, v. FIRST FAMILY MORTGAGE CORPORATION, INC.; AMERICAS MORTGAGE SERVICING, INC.; LITTLE COMPANY; CLARENCE N. ARTZER; and CLARENCE G. ARTZER, Appellees. No. 67,304Court of Appeals of Kansas Opinion filed December 18, 1992 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Amendment of Pleadings to Request Punitive Damages — Considerations […]
STATE v. GAINES, 260 Kan. 752 (1996)
926 P.2d 641 STATE OF KANSAS, Appellee, v. ALVIN L. GAINES, Appellant. No. 72,708Supreme Court of Kansas Opinion filed October 25, 1996. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony — Admissibility — Trial Court Discretion — Appellate Review. The admissibility of expert testimony is within the broad discretion of the trial court. A […]
STATE v. SIMMONS, 91,117 (Kan.App. 10-1-2004)
98 P.3d 303 STATE v. SIMMONS. No. 91,117.Court of Appeals of Kansas October 1, 2004. Appeal from the Shawnee. Decision Without Published Opinion. Affirmed.
STATE v. FLOYD, 210 Kan. 383 (1972)
502 P.2d 744 STATE OF KANSAS, Appellee, v. LONNIE RAY FLOYD, Appellant. No. 46,586Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT CRIMINAL LAW — Felonious Wounding — Instruction on Flight — No Evidence of Flight — Instruction Prejudicial. In a prosecution for felonious assault (K.S.A. 21-431) resulting in a conviction […]
STATE v. GALLOWAY, 238 Kan. 100 (1985)
708 P.2d 508 STATE OF KANSAS, Appellee, v. SHERMAN L. GALLOWAY, Appellant. No. 57,334Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Interlocutory Appeal by Prosecutor — Effect on Defendant’s Constitutional Right to Speedy Trial. As a general rule, an interlocutory appeal taken by the State pursuant […]
STATE v. BURKETT, 231 Kan. 686 (1982)
648 P.2d 716 STATE OF KANSAS, Appellant, v. JAMES C. BURKETT, SR., Appellee. No. 53,844Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by Defendant from District Magistrate Court Judgment — Plea, Judgment and Disposition Vacated on Appeal. An appeal by a defendant in a criminal […]
IN RE ESTATE OF CASE, 180 Kan. 53 (1956)
299 P.2d 589 In the Matter of the Estate of C. Lester Case, Deceased. (Also known as Lester Case or Charles Lester Case.) FANNIE CUSHING, Appellant, v. HARRY DUNLAP, Administrator, THE STATE OF KANSAS, HARRY L. GIBSON and RALPH WILLIAM GIBSON, Appellees. No. 40,158Supreme Court of Kansas Opinion filed June 30, 1956. SYLLABUS BY THE […]
STATE v. ZAMARRON-GONZALEZ, 287 Kan. 769 (2009)
State v. Zamarron-Gonzalez. No. 98,234.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. HICKEY, 12 Kan. App. 2d 781 (1988)
757 P.2d 735 STATE OF KANSAS, Appellee, v. HAROLD HICKEY, Appellant. No. 60,249Court of Appeals of Kansas Opinion filed July 8, 1988 Petition for review denied September 9, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Vehicular Homicide — Lesser Included Offense of Aggravated Vehicular Homicide. Vehicular homicide is a lesser included offense of […]
STATE v. STULTS, 93,930 (Kan.App. 12-23-2005)
124 P.3d 1083 STATE v. STULTS. No. 93,930.Court of Appeals of Kansas. December 23, 2005. Appeal from Miami. Decision without published opinion. Affirmed.
STATE v. RIVERA, 92,569 (Kan.App. 12-23-2005)
124 P.3d 1083 STATE v. RIVERA. No. 92,569.Court of Appeals of Kansas. December 23, 2005. Appeal from Ford. Decision without published opinion. Affirmed.
STATE v. SIMMONS, 45 Kan. App. 2d 491 (2011)
249 P.3d 15 STATE OF KANSAS, Appellee, v. ELTON SIMMONS, Appellant. No. 102,715.Court of Appeals of Kansas. Opinion filed March 4, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Prosecutor’s Reference to Defendant’s Status as Pretrial Detainee. A prosecutor may not properly refer to a criminal defendant’s status as a pretrial detainee […]
TICE v. EBELING, 238 Kan. 704 (1986)
715 P.2d 397 MARY F. TICE, Appellant, v. GEORGIA L. EBELING, as executrix of the Estate of HARRY A. EBELING, deceased, and GENERAL MOTORS CORPORATION, et al., Appellees. No. 57,700Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. COMPARATIVE NEGLIGENCE — Dismissal of All But One Defendant from Action — […]
STATE v. BAUMAN, 277 Kan. 925 (2004)
STATE v. BAUMAN. No. 86,030.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.
IN RE ESTATE OF KRUSE, 170 Kan. 429 (1951)
226 P.2d 835 In the Matter of the Estate of GEORGE KRUSE, Deceased. (GEORGE WOODS, Administrator, Appellee, v. GERTRUDE SCHRANDT and W.H. SCHRANDT, Appellants.) No. 38,090Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT 1. STATUTES — Construction of Word “Within” — Effect. The word “within” as used in G.S. 1947 […]
HACKER v. STATE, 207 Kan. 195 (1971)
483 P.2d 484 HERBERT C. HACKER, Appellant, v. STATE OF KANSAS, Appellee. No. 46,188Supreme Court of Kansas Opinion filed April 10, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Proceeding Collaterally Attacking Judgment — No Substitute for Second Appeal. A proceeding instituted under the provisions of K.S.A. 60-1507 which collaterally attacks a judgment of […]
STATE v. HANMONT, 32 Kan. App. 2d xxxvi (2004)
State v. Hanmont. No. 91,213.Court of Appeals of Kansas. July 16, 2004. Appeal from the Atchison. Unpublished Opinions Affirmed.
STATE v. NEXT DOOR CINEMA CORP., 225 Kan. 112 (1978)
587 P.2d 326 STATE OF KANSAS, Appellee, v. NEXT DOOR CINEMA CORPORATION, Appellant. No. 49,639Supreme Court of Kansas Opinion filed December 9, 1978. SYLLABUS BY THE COURT 1. STATUTES — Construction by Appellate Courts. It is the duty of this court to uphold legislation rather than defeat it. It is presumed that the legislature intended […]
STATE v. HONTON, 32 Kan. App. 2d 623 (2004)
87 P.3d 328 STATE OF KANSAS, Appellee, v. THOMAS B. HONTON, Appellant. No. 90,016.Court of Appeals of Kansas. Opinion filed March 26, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Illegal Sentence — Defined. An illegal sentence is defined as either a sentence imposed by a court without jurisdiction; a sentence which does not conform […]
STATE v. REMBY, 283 Kan. 933 (2007)
State v. Remby. No. 95,071.Supreme Court of Kansas. February 14, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
MATZEN v. CITIES SERVICE OIL CO., 233 Kan. 846 (1983)
667 P.2d 337 CARL F. MATZEN, et al., Appellees/Cross-Appellants, v. CITIES SERVICE OIL COMPANY and CITIES SERVICE COMPANY, et al., Appellants/Cross-Appellees. No. 54,534Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact of Trial Court — Appellate Review. Where a trial court’s findings of […]
STATE v. JEFFERSON, 280 Kan. 987 (2006)
State v. Jefferson. No. 93,232.Supreme Court of Kansas. February 14, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. BROWN, 284 Kan. 947 (2007)
State v. Brown. No. 96,862.Supreme Court of Kansas. October 1, 2007. Appeal from the 37 Kan. App. 2d 726. Pettions For Review of Decisions of The Court of Appeals Granted
RAWLINS v. STATE, 286 Kan. 1179 (2008)
Rawlins v. State. No. 97,260.Supreme Court of Kansas. September 22, 2008. Appeal from the 39 Kan. App. 2d 666. Petition for Review of Decision of the Court of Appeal Denied.
ZAPATA v. STATE, 14 Kan. App. 2d 94 (1989)
782 P.2d 1251 GENARO T. ZAPATA, Appellant, v. STATE OF KANSAS, Appellee. No. 63,199Court of Appeals of Kansas Opinion filed December 1, 1989 SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Essential Elements of Offense Must Be Alleged. An information must allege each essential element of the offense charged, and a conviction based upon […]