Category: Kansas Court Opinions

832 P.2d 349 In the Matter of the Marriage of ELIZABETH A. THOMPSON (RUSS), Appellee, and DAVID M. THOMPSON, Appellant. No. 66,673Court of Appeals of Kansas Opinion filed May 1, 1992 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — General Appearance. A motion for a continuance, a stay, or an extension of time in which […]

930 P.2d 624 CITY OF DeSOTO, KANSAS, Appellant/Cross-appellee, v. CONSOLIDATED RURAL WATER DISTRICT NO. 6, JOHNSON COUNTY, KANSAS, Appellee/Cross-appellant. No. 75,488Court of Appeals of Kansas Opinion filed January 17, 1997 SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Annexation of Rural Water District — City Required to Pay District the Reasonable Value of District’s […]

408 P.2d 864 TRI-STATE HOTEL CO., INC., d/b/a THE RIVER CLUB; RONALD L. MIRES, d/b/a THE CHARTER ROOM; WILLIAM V. TIEMEYER, d/b/a THE PHEASANT CLUB; VERNON M. SMART, d/b/a PALACE CLUB; R.C. McCORMICK (An individual and member of The River Club); and CARL MURRELL (an individual and member of El Matador Club), Appellants, v. ROBERT […]

683 P.2d 1295 KATHY L. HINES, Appellee, v. TACO TICO and ROYAL INSURANCE COMPANY, Appellees, and KANSAS WORKERS’ COMPENSATION FUND, Appellant. No. 56,207Court of Appeals of Kansas Opinion filed July 26, 1984 SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Handicapped Employee — Liability of Workers’ Compensation Fund. Under K.S.A. 1983 Supp. 44-567(b), the Workers’ […]

953 P.2d 245 STATE OF KANSAS, ex rel. SECRETARY, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee, and CHIMANE D. RENO, the mother; L.M. and C.M., minor children by and through CHIMANE D. RENO, next friend, Appellants, v. LONNIE E. MILLER, Defendant. No. 77,908Court of Appeals of Kansas Opinion filed February 6, 1998 SYLLABUS BY THE […]

436 P.2d 385 WAYNE A. CHURCH, Appellant, v. GOODYEAR TIRE AND RUBBER COMPANY OF KANSAS, INC., and AETNA CASUALTY SURETY COMPANY, Appellees. No. 45,134Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Injury Did Not Arise Out of and in Course of Employment. The record in a workmen’s […]

982 P.2d 993 MARK LOAR, Appellant, v. DIANA E. ROLETTO and JOE S. HINTON, Appellees. No. 80,752Court of Appeals of Kansas Opinion Filed June 25, 1999. SYLLABUS BY THE COURT TORTS — Personal Injury Due to Automobile Accident — No Private Cause of Action Permitted under Kansas Automobile Injury Reparations Act. The Kansas Automobile Injury […]

20 P.3d 1245 In the Matter of TERRI STROH TWEEDLY, Respondent. No. 86,220Supreme Court of Kansas Opinion filed: April 20, 2001. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed April 20, 2001. Indefinite suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and […]

84 P.3d 606 STATE OF KANSAS, Appellant, v. MONTY DEAN SEEMS, Appellee. No. 89,114.Supreme Court of Kansas. Opinion filed February 20, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Preliminary Hearing — Felony Defendant Has Right To Hearing unless Indicted by Grand Jury. Every person arrested on a warrant charging a felony or served with […]

163 P.3d 1224 STATE OF KANSAS, Appellee, v. DIMITRIUS KEITH DAVIS, Appellant. No. 95,523.Supreme Court of Kansas. Opinion filed August 3, 2007. SYLLABUS BY THE COURT1. JURIES — Substitution of Juror — Trial Court Discretion — Appellate Review. The substitution of an alternate for a juror who is ill, incapacitated, or affected by personal reasons […]

538 P.2d 1375 STATE OF KANSAS, Appellee, v. GARY D. TAYLOR, Appellant. No. 47,763Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Delay in Bringing Prisoner Before Magistrate — Due Process. Delay in bringing a prisoner before a magistrate after his arrest is not in and of […]

954 P.2d 702 STATE OF KANSAS, Appellee, v. MICHAEL P. DAVIDSON, Appellant. No. 75,862Supreme Court of Kansas Opinion filed March 6, 1998. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right to Fair Trial — Sixth and Fourteenth Amendments. Central to the right to a fair trial, guaranteed by the Sixth and Fourteenth Amendments to […]

313 P.2d 264 C.A. KENNEDY, Appellant, v. THE FARMERS MERCHANTS STATE BANK OF MACKSVILLE, KANSAS, a Corporation, Appellee and Cross-Appellant. No. 40,186Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS BY THE COURT CONTRACTS — Action to Recover for Breach — Verdict and Findings — Rulings. In an action to recover money for breach […]

252 P.2d 869 LOUIS C. FINKE and MILDRED FINKE, Appellees, v. FRANCIS A. LEMLE and AARON ECCLESTON, a co-partnership, doing business as FOWLER CONSTRUCTION COMPANY, Appellants. No. 38,781Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT CONTRACTS — Action to Recover Earnest Money — Scope of Cross-examination — Admissibility of Evidence […]

834 P.2d 918 STATE OF KANSAS, Appellee, v. HERMAN R. DeHERRERA, SR., Appellant. No. 66,495Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Confinement of Instructions to Charges in Information. Generally, jury instructions in a criminal case should be confined to the charges contained […]

943 P.2d 77 IN THE MATTER OF THE SUPPORT OF ALLISON K. MORGAN, a minor child, et al. STATE OF KANSAS ex rel. SECRETARY, SOCIAL AND REHABILITATION SERVICES, Appellant, v. JOSEPH W. ANTHONY, Appellee. No. 76,971Court of Appeals of Kansas Opinion filed September 5, 1997. SYLLABUS BY THE COURT SOCIAL WELFARE — Aid to Families […]

22 P.3d 1086 IN THE MATTER OF THE ESTATE OF MARSHALL G. GARDINER, Deceased. No. 85,030Court of Appeals of Kansas Opinion filed: May 11, 2001. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law over which appellate review is unlimited. 2. MARRIAGE — Kansas […]

246 P.2d 273 JAMES E. THORP, Appellant, v. VICTORY CAB COMPANY, Appellee. No. 38,797Supreme Court of Kansas Opinion filed July 3, 1952. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Appellate Jurisdiction — Number of Workmen Employed — Sufficiency of Evidence. Following the established rule that it is the function of the trial court, not […]

872 P.2d 312 STATE OF KANSAS, Appellee, v. FRANCISCO SEGOVIA, Appellant. No. 69,830Court of Appeals of Kansas Opinion filed April 15, 1994 Petition for review denied 255 Kan. 1006 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Presumptive Sentences. K.S.A. 1993 Supp. 21-4606a provides that if the presumptive sentence of probation is […]

219 P.3d 819 FIRST NATIONAL BANK AND TRUST CO. IN LARNED, Appellant, v. RUSSELL L. WETZEL; LAVERNE H. WETZEL; VIRGINIA GOLDSBERRY; ELIZABETH MOBLEY; PAUL WETZEL; LEROY WETZEL; STEVE WETZEL; BOARD OF COUNTY COMMISSIONERS OF EDWARDS COUNTY, KANSAS; SOUTHERN PLAINS CO-OP AT LEWIS, KANSAS; U.S. INTERNAL REVENUE SERVICE; POST ROCK GAS, LLC; Et Al., Appellees. No. […]

726 P.2d 1317 G S INVESTMENT CO., INC., Appellee, v. STUART CLOSE and MONA CLOSE, Appellants. No. 58,007Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — New Trial Motion — Hearing on Motion of Case Tried to a Judge — Due Process. K.S.A. 60-259 provides that on […]

119 P.3d 1187 BEADLES v. STATE. No. 93,136.Court of Appeals of Kansas. September 23, 2005. Appeal from Atchison. Decision without published opinion. Affirmed.

469 P.2d 437 In the Matter of the Estate of Lucile Hanson Taylor, Deceased. EBBY HALLIDAY ACERS, et al., Appellants and Cross-Appellees, v. ERNEST C. TAYLOR, Appellee and Cross-Appellant.) No. 45,651Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT 1. HUSBAND AND WIFE — Antenuptial Contracts — Construction. Where antenuptial contracts […]

969 P.2d 852 STATE OF KANSAS ex rel. WAYNE FRANKLIN, SECRETARY OF HUMAN RESOURCES, Appellant, v. CITY OF TOPEKA, KANSAS, HUMAN RELATIONS COMMISSION and THELMA A. DRAYTON, Appellees. No. 80,606Supreme Court of Kansas Opinion filed December 11, 1998. SYLLABUS BY THE COURT 1. TORTS — Governmental Immunity. The Tort Claims Act is open ended. Liability […]

509 P.2d 1123 STATE OF KANSAS, Appellee, v. BETTY JULIAN, a/k/a JOYCE BRYANT, Appellant. No. 46,919Supreme Court of Kansas Opinion filed May 12, 1973. MEMORANDUM OPINION CRIMINAL LAW — Aggravated Robbery — Transcript or Alternatives — Impeachment — Use of Testimony at Preliminary Hearing. Appeal from Sedgwick district court, division No. 4; JAMES V. RIDDEL, […]

532 P.2d 1257 CHARLOTTE K. DEINES, Claimant, Appellee, v. GARY GREER, d/b/a UNION STATION CAFE, Respondent, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Insurance Carrier, Appellants. No. 47,640Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Consideration of Evidence on Appeal — Rules Considered and Applied. Rules […]

452 P.2d 857 R. REX LEE, Appellant, v. MOBIL OIL CORPORATION, a Corporation, and MOBIL PIPE LINE COMPANY, a Corporation, Appellees. and SMITHERMAN OIL COMPANY INCORPORATED, a Corporation, WILLIS ECTON, BARBARA ECTON, RAYMOND MOORE, ALPHA MOORE, NEWELL B. HOOVER, CORA HOOVER, KENNETH PLUMMER, DORIS PLUMMER, H.E. TWAY, LULA LOYD DEMOSS, BETTY PAYTON, JOYCE N. THARP, […]

518 P.2d 453 AMOCO PRODUCTION COMPANY, Formerly PAN AMERICAN PETROLEUM CORPORATION, Appellant, v. HAROLD A. ARMOLD, Director of Taxation for the State of Kansas, [as successor to JAMES T. McDONALD, Director of Revenue for the State of Kansas], Appellee. No. 47,050Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. ADMINISTRATIVE […]

454 P.2d 544 CORINNE ANNE STAIGG NEAGLE, Appellant, v. WILLIAM BROOKS and MAUD ELLA BROOKS, Appellees. No. 45,313Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Relief From Judgment or Order — Extent of Review. An appeal from an order denying a motion under K.S.A. 60-260 (b) […]

231 P.2d 212 HAROLD M. KENDALL, Incompetent, by ORVAL KENDALL, his guardian, Appellee, v. TED L. KENDALL and LARRY W. KENDALL, a minor, Appellants. No. 38,308Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT COURTS — Action for Possession and to Set Aside Deed — Jurisdiction. In an action brought for […]

685 P.2d 874 UNIFIED SCHOOL DISTRICT No. 501, Plaintiff/Appellant, v. SECRETARY OF THE KANSAS DEPARTMENT OF HUMAN RESOURCES, Defendant/Appellee, and NATIONAL EDUCATION ASSOCIATION-TOPEKA, Intervenor. No. 56,202Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. SCHOOLS — Teachers’ Contracts — Topic Approach Method Followed in Determining Mandatorily Negotiable Items. The topic […]

828 P.2d 933 BOBBIE J. ANGLETON, widow, and mother and natural guardian of Emily A. Angleton, Appellee/Cross-appellant, and JUDY LEA FULPS, mother and natural guardian of Everett W. Angleton and Melinda Lee Angleton, children of deceased, Appellees, v. STARKAN, INC., Appellant/Cross-appellee, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant/Cross-appellee. No. 66,720Supreme Court of Kansas Opinion […]

769 P.2d 38 STATE OF KANSAS, Appellee, v. MICHAEL J. DORSEY, Appellant. No. 62,003Court of Appeals of Kansas Opinion filed February 17, 1989 Petition for review denied 244 Kan. 739. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Burglary — Statute Broadly Interpreted to Include Multi-unit Structures Where the Occupant May Come in Contact […]

573 P.2d 602 STATE OF KANSAS, Appellee, v. CARL E. NELSON, Appellant. No. 48,813Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. CONTINUANCES — Granting or Denial — Necessity to Show Abuse of Discretion. The granting or denial of a continuance in a criminal prosecution is largely within the sound […]

433 P.2d 344 AUGUST C. HENSLEY, Appellant, v. THE STATE OF KANSAS, Appellee. No. 44,935Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Relief Denied. The record of trial in a proceeding under K.S.A. 60-1507 is examined, and it is held: […]

542 P.2d 1004 In the Matter of the Estate of Willis B. Barnes, Deceased, ELMER BARNES, JOHN BARNES, HELEN JESSEE and JOSEPH W. JETER, Guardian Ad Litem, Appellants, v. JAMES M. BAILEY, Executor, PAUL A. FLAX and KATIE R. SCHUSTER, Appellees. No. 47,770Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT […]

936 P.2d 749 STATE OF KANSAS, Appellee, v. JOHN E. CHEEK, Appellant. No. 75,381Supreme Court of Kansas Opinion filed April 18, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Alternate Juror — Substitution of Juror — When Permissible. The substitution of an alternate juror for an original juror after deliberations have begun is constitutionally […]

565 P.2d 285 JIMMIE FRANK FOSTER, FRANKLIN R. YURK, WILLIAM L. BREIER, DELBERT E. HIGHMAN, Appellants, v. RAYMOND D. MAYNARD, et al., Appellee. No. 48,683Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT 1. PRISONS — Prison Officials Vested with Wide Discretion — When Decisions May Be Disturbed. Prison officials are […]

908 P.2d 649 STATE OF KANSAS, Appellee, v. CARRIE NEIGHBORS, Appellant. No. 72,713Court of Appeals of Kansas Opinion filed December 22, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Constitutionality of Criminal Statute — Vagueness. The test to determine whether a criminal statute is unconstitutionally vague is whether its language conveys a sufficiently definite […]

113 P.3d 274 MOSES v. STATE. No. 92,434.Court of Appeals of Kansas. June 17, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

339 P.2d 62 CECILE CAPPS, Appellee, v. WILLIAM L. VALK, Appellant. No. 41,383Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT PHYSICIANS AND SURGEONS — Malpractice — Sufficiency of Petition. In an action for damages based upon the alleged malpractice of a physician, the petition is examined and held to be […]

496 P.2d 1345 DICK J. BRANSTETTER, Appellant, v. NORMA COX, Appellee, and CHRISTINE SCHULTE and MAE WADLEY, Defendants. No. 46,322Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT SPECIFIC PERFORMANCE — Parol Evidence to Show Conditional Delivery — Admissibility — Findings Supported by Evidence. In an action for specific performance of […]

27 P.3d 26 In the Matter of JAMES A. CLELAND, Respondent. No. 86,610Supreme Court of Kansas Opinion filed: July 13, 2001. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment Original proceeding in discipline. Opinion filed July 13, 2001. Disbarment. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the […]

607 P.2d 56 STATE OF KANSAS, Appellee, v. CLEOPHAS C. PHILLIPS, JR., Appellant. No. 50,890Supreme Court of Kansas Opinion filed March 1, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Discovery — Refusal of Prosecution to Comply with Court Order. Where the prosecution has deliberately refused to honor a request for written statements of […]

564 P.2d 542 STATE OF KANSAS, Appellee, v. DONALD L. HOLTHAUS, Appellant. No. 48,595Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — When Probable Cause for Arrest Exists — Stated and Discussed. Probable cause to justify an arrest without a warrant exists when the facts and circumstances […]

80 P.3d 72 STROWIG PROPERTIES, INC., Appellant, v. AMERICAN STATES INSURANCE COMPANY, Appellee. No. 88,597.[1] Court of Appeals of Kansas. Opinion filed February 7, 2003. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated October 2, 2003, pursuant to Rule 7.04 (2002 Kan. […]

777 P.2d 836 BEVERLY F. ROGERS and WILLIAM N. ROGERS (Individuals, and as Co-Administrators of the Estate of Charles Merkle, Deceased), Appellants, v. WILLIAMS, LARSON, VOSS, STROBEL ESTES, A partnership of James A. Williams, Byron G. Larson, George Voss, Ken William Strobel, and Max Eugene Estes, Appellees. No. 63,035Supreme Court of Kansas Opinion filed July […]

947 P.2d 461 STATE OF KANSAS, Appellee, v. DONNIE R. LOCKHART, JR., Appellant. No. 75,869Court of Appeals of Kansas Opinion filed November 7, 1997. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Constitutional Error — Determination by Appellate Court Whether Error Is Harmless. An error of constitutional magnitude is serious and may not be […]

78 P.3d 419 In the Matter of the APPLICATION OF CENTRAL ILLINOIS PUBLIC SERVICES COMPANY, et al., for Exemption from Ad Valorem Taxation in Meade County, Kansas. No. 89,432.Supreme Court of Kansas. Opinion filed October 31, 2003. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Board of Tax Appeals — Standard of Judicial Review of BOTA […]

618 P.2d 1171 ERNEST C. BALLWEG, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant. DARLENE M. HACKWORTH, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant. Nos. 51,073, 51,906Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule for construction of statutes, to which all […]

670 P.2d 923 R.S., Appellee, v. R.S., Appellant. No. 54,670Court of Appeals of Kansas Opinion filed October 27, 1983 Petition for review denied 234 Kan. 1077. SYLLABUS BY THE COURT 1. HUSBAND AND WIFE — Heterologous Insemination of Wife — Consent by Husband — Continuing Nature of Consent. When a husband consents to heterologous insemination […]

42 P.3d 188 STATE OF KANSAS, Appellee, v. TROY D. FRAZIER, Appellant. No. 86,741Court of Appeals of Kansas Opinion filed: March 15, 2002. Petition for review denied 274 Kan. 1115 (2002). SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Error in Giving or Failing to Give Instructions — Failure to Object — Clearly […]

470 P.2d 809 JOYCE RAZEY, ELMER J. WILES, and WALTER SCHROEDER, Appellants, v. UNIFIED SCHOOL DISTRICT No. 385, Appellee. No. 45,716Supreme Court of Kansas Opinion filed June 13, 1970. SYLLABUS BY THE COURT 1. LABOR — Fair Labor Standards Act — Wage and Hour Coverage — Necessity School Has Employees Engaged in Commerce. In order […]

427 P.2d 473 LADISLADO M. HERNANDEZ, Appellee, v. EMERY BACHAND and WILLIAM E. ESFELD, Appellants. No. 44,761Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT 1. NEGLIGENCE — Doctrine of Assumption of Risk. The doctrine of assumption of risk finds its basis in the agreement of an employee, either express or […]

499 P.2d 525 LEROY BRIZENDINE, Appellant, v. STATE OF KANSAS, Appellee. No. 46,680Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — Failure of Counsel to Appeal — Out-of-Time Appeal Refused. In a criminal case counsel was appointed to perfect a direct appeal […]

439 P.2d 162 THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellant and Cross-Appellee, v. UNIFIED SCHOOL DISTRICT No. 259 (Wichita), Sedgwick County, State of Kansas, Appellee and Cross-Appellant. No. 45,002Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Appropriating Property Having Unique Character — Ascertaining Compensation. […]

60 P.3d 937 STATE OF KANSAS, Appellee, v. DAVID L. WALKER, Appellant. No. 86,514.Supreme Court of Kansas Opinion filed January 10, 2003. SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — Extended Postrelease Supervision Period — No Violation of Apprendi or Gould When Defendant Pleads Guilty to Statutorily Defined Sexually Violent Crime. A plea of guilty […]

696 P.2d 418 WILLIAM RONALD HEARRON, Appellant, v. STATE OF KANSAS, Appellee. No. 57,085Court of Appeals of Kansas Opinion filed March 7, 1985 Petition for review denied 237 Kan. 886. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Ineffective Assistance of Counsel — Rules for Determining. The rules for resolving a claim of ineffective […]

241 P.3d 45 STATE OF KANSAS, Appellant, v. COMPREHENSIVE HEALTH OF PLANNED PARENTHOOD OF KANSAS AND MID-MISSOURI, INC., Appellee. No. 100,726.Supreme Court of Kansas. Opinion filed October 15, 2010. SYLLABUS BY THE COURT1. JURISDICTION — Appellate Court Jurisdiction — Issue May Be Baised by Court Sua Sponte. It is the responsibility of an appellate court […]

83 P.3d 182 STATE OF KANSAS, Appellee, v. PETER J. DAVIS, Appellant. No. 89,651.Supreme Court of Kansas. Opinion filed January 30, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Continuance — State’s Request for Continuance Reasonable under Facts of Case. Under the facts of this case, the trial court did not err in granting the […]

794 P.2d 316 STATE OF KANSAS, Appellee, v. GILBERT WALBRIDGE, SR., Appellant. No. 64,127Court of Appeals of Kansas Opinion filed June 22, 1990 Rev’d 248 Kan. 65, 805 P.2d 15 (1991). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation — Trial Court Discretion. The trial court has broad authority under K.S.A. 21-4610 to impose […]

322 P.2d 829 STATE OF KANSAS, Appellee, v. IVAN THOMAS GIBLER, Appellant. No. 40,818Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT 1. HOMICIDE — Manslaughter at Common Law — What Constitutes. If death results from unlawful conduct amounting to misdemeanor denounced by statute for the purpose of protecting human life […]

289 P.2d 733 WALTER VOTH, Appellee, v. RUSSELL V. THOMPSON and J.C. WILKINS, Appellants; ROBERT RUSH, a minor, and DON I. RUSH, as the father and natural guardian of ROBERT RUSH, Appellees. No. 39,866Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT 1. JUDGMENTS — Vacation — Before and After Term […]

485 P.2d 165 OSCAR R. HODGES, Appellant, v. DENNIS D. LISTER, a minor, through his next friend and natural guardian, Elbert Lister, Appellee. No. 45,956Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. NEGLIGENCE — Intersection Collision — Court Terminating Plaintiff’s Case — All Evidence Not Presented — Directed Verdict. […]

345 P.2d 1011 In re Estate of W.W. Hill (WILLIAM ELMER HILL, Appellant, v. SCOTT A. MOUSE, Administrator, c.t.a., d.b.n: PEARL G. GARRIOTT, Administrator, Estate of Myrtle Bessie Hill; LEON A. LAMOUREUX; LACY C. HAYNES, Guardian ad litem, Appellees. No. 41,423Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT APPEAL AND […]

626 P.2d 1206 UNIFIED SCHOOL DISTRICT No. 315, THOMAS COUNTY, KANSAS, Plaintiff-Appellee, v. NEIL DeWERFF, Defendant-Appellant. No. 51,681Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. CONTRACTS — Stipulated Damages — Liquidated Damages. A stipulation for damages upon a future breach of contract is valid as a liquidated damages […]

794 P.2d 672 STATE OF KANSAS, Appellee, v. RICHARD ALDAPE, Appellant. No. 64,166Court of Appeals of Kansas Opinion filed June 29, 1990 Petition for review denied 247 Kan. ___ (August 18, 1990). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation Revocation Hearing — Admissibility of Probationer’s Statements Given to Parole Officer. Statements made by […]

446 P.2d 723 PHILLIP BOWEN, Administrator of the Estate of Hugh W. Craig, Deceased, Appellant, v. ELMA I. HATHAWAY, Appellee and Cross-Appellant. No. 45,151Supreme Court of Kansas Opinion filed November 9, 1968. SYLLABUS BY THE COURT 1. EVIDENCE — Burden of Proof. The burden of proving a disputed fact or issue rests upon the party […]

522 P.2d 364 STATE OF KANSAS, Appellee, v. CLIFFORD HOLLAWAY a/k/a CLIFFORD HALLAWAY and CHARLES WHITE, Appellant. No. 47,143Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Failure to Comply With Inspection Order — Judicial Discretion. Where a party fails to comply with an order entered by […]

363 P.2d 541 THE STATE OF KANSAS, Appellee, v. RICHARD EUGENE HICKOCK and PERRY EDWARD SMITH, Appellants. No. 42,068Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT CRIMINAL LAW — Raising Issue of Insanity — Trial Errors — Venue. In a joint appeal by two defendants from convictions of murder in […]

106 P.3d 99 STATE v. HARRIS. No. 91,901.Court of Appeals of Kansas February 18, 2005. Appeal from the Lyon. Decision without published opinion. Affirmed.

443 P.2d 266 WILLIS W. WALL, Plaintiff-Appellee, v. VIRGINIA LEE HARRISON, Election Commissioner of Sedgwick County, Kansas, Defendant, KEITH SANBORN, County Attorney of Sedgwick County, Kansas, Intervenor-Appellant. No. 45,413Supreme Court of Kansas Opinion filed June 17, 1968. Appeal from Sedgwick district court, Division No. 2; HOWARD C. KLINE, judge. Opinion filed June 17, 1968. Affirmed. […]

123 P.3d 212 STATE v. DICKERSON. No. 92,957.Court of Appeals of Kansas. December 2, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

101 P.3d 253 IN RE A.K. No. 92,483.Court of Appeals of Kansas December 3, 2004. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

969 P.2d 259 MICHAEL C. MADISON, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 80,796Court of Appeals of Kansas Opinion filed December 18, 1998 SYLLABUS BY THE COURT CRIMINAL LAW — Driving under Influence — Driver’s Refusal to Submit to Testing — Errors in Police Officer’s Certification — Minor Errors Not a Basis for Suppression […]

440 P.2d 592 DOUGLAS WESLEY STILES, Appellant, v. STATE OF KANSAS, Appellee. No. 45,218Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Failure to Grant Evidentiary Hearing — No Denial of Due Process. In an appeal from an order denying a motion filed […]