Category: Kansas Court Opinions

620 P.2d 1140 COUNTRY CLUB HOME, INC., and LAWRENCE SOWERS as ADMINISTRATOR, Appellee, v. ROBERT C. HARDER, as SECRETARY OF SOCIAL AND REHABILITATION SERVICES, Appellant. No. 51,997Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Pretrial Order Agreed on by Parties — Issues Cannot Be Enlarged on […]

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 […]

955 P.2d 122 MIAMI COUNTY, KANSAS, Appellee, v. PATRICK J. SVOBODA, Appellant. No. 78,055Supreme Court of Kansas Opinion filed March 6, 1998 SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law, and the Supreme Court’s review is unlimited. 2. ZONING — Zoning Ordinances — […]

783 P.2d 878 IN THE MATTER OF WILLIAM VAN HORN SMITH, Respondent. Bar Docket No. 06040Supreme Court of Kansas October 27, 1989 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On the 27th day of July, 1989, Bruce E. Miller, disciplinary administrator, filed a formal complaint with the Kansas Board for Discipline […]

927 P.2d 929 STATE OF KANSAS, Appellee, v. MAURICE PIERCE, Appellant. No. 74,852.Supreme Court of Kansas Opinion filed: October 25, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Reckless Second-degree Murder — Statutory Definition — Lesser Included Crime of First-degree Murder. Reckless second-degree murder, or “depraved heart murder,” is defined in K.S.A. 21-3402(b) as […]

122 P.3d 397 STATE OF KANSAS, Appellee, v. BOBBY L. JOHNSON, Appellant. Rev’d 283 Kan. 649, 156 P.3d 596 (2007). No. 91,867.Court of Appeals of Kansas. Opinion filed November 4, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Conviction for Crime Not Charged or Which Was Not Lesser Included Offense. If a crime is not […]

268 P.2d 938 HELEN PERRY, Appellee, v. CARL PERRY, Appellant. Nos. 38,965 and 38,986Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. DIVORCE — Alimony and Division of Property — Judicial Discretion. The division of property to be made between the parties in an action for divorce, alimony and division […]

103 P.3d 993 STATE v. HART. No. 91,545.Court of Appeals of Kansas January 14, 2005. Appeal from the Shawnee. Decision without published opinion. Affirmed.

697 P.2d 1321 STATE OF KANSAS, Appellee, v. DONALD E. DAVIS, Appellant. No. 56,869Supreme Court of Kansas Opinion filed April 11, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Accomplice’s Testimony — Scope of Examination — Inquiry as to Reasons for Accomplice’s Turning State’s Evidence. The credibility of an accomplice is subject to attack […]

493 P.2d 205 H R BLOCK, INC., Appellant, v. EARL LOVELACE, Appellee. No. 46,182Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. CONTRACTS — Noncompetition Clause — Test of Reasonableness A covenant not to compete in a business is valid if ancillary to any lawful contract, subject to the test […]

578 P.2d 1121 CAROLYN SUE HOLLINGER, Appellant, v. JANE C. STORMONT HOSPITAL AND TRAINING SCHOOL FOR NURSES, a Corporation, Appellee. No. 49,112Court of Appeals of Kansas Opinion filed May 19, 1978 Petition for review denied July 17, 1978. SYLLABUS BY THE COURT 1. MASTER AND SERVANT — Injuries to Third Person Caused by Employee — […]

890 P.2d 744 In the Matter of the Estate of FRANK E. WISE, Deceased. No. 71,790Court of Appeals of Kansas Opinion filed March 3, 1995 SYLLABUS BY THE COURT 1. ESTATES — Family Settlement Agreements. Family settlement agreements are “favorites of the law.” The mutual promises of the contracting parties provide sufficient consideration for the […]

239 P.2d 924 RAY WOODWORTH and MAUDE B. WOODWORTH, Appellees, v. CARL A. KENDALL and ELEANOR C. KENDALL, Appellants. No. 38,514Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Action to Recover Rent — Reformation — Fraud — Demurrer. In an action to recover rent alleged to […]

424 P.2d 561 WILLIAM A. RUSSELL, Appellant, v. LAMOREAUX HOMES, INC., and HAWKEYE SECURITY INSURANCE COMPANY, Appellees. No. 44,810Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Procedure. The Workmen’s Compensation Act is complete within itself and provides its own appellate procedures. 2. SAME — Appeal — […]

899 P.2d 1058 DONALD LEO KINDEL (Deceased), Appellee, v. FERCO RENTAL, INC., and WAUSAU INSURANCE COMPANIES, Appellants. No. 72,501Supreme Court of Kansas Opinion filed August 4, 1995. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Workers Compensation Board — Appellate Review of Board Decision — Review Limited to Questions of Law. K.S.A. 1991 Supp. 44-556(a), […]

747 P.2d 1335 STATE OF KANSAS, Appellee, v. MICHAEL L. McGLOTHLIN, Appellant. No. 60,094Supreme Court of Kansas Opinion filed January 15, 1988. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Findings Required by Sentencing Judge before Fine May Be Imposed In Addition to Imprisonment. Where the defendant is convicted of a felony or a […]

924 P.2d 1268 STATE OF KANSAS, Appellee, v. SIMON J. BEARD, Appellant. No. 73,056.Court of Appeals of Kansas Opinion filed October 4, 1996. Petition for review denied 261 Kan. 1084 (1996). SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Criminal History — Three Person Misdemeanor Convictions Ratted as One Person Felony Conviction — Constitutionality. […]

965 P.2d 228 WILLMORE L. BRADLEY, Appellant v. STATE OF KANSAS, Appellee. No. 79,017Court of Appeals of Kansas Opinion filed August 28, 1998. Petition for review denied 266 Kan. 1107 (1998) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Kansas Sentencing Guidelines Act — Limited Retroactive Sentence Conversion. The Kansas Sentencing Guidelines Act […]

519 P.2d 1097 STATE OF KANSAS, Appellee, v. RONALD PLATZ, Appellant. No. 47,082Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence — Reasonable Inference of Guilt. The issue on appeal in a criminal case is not whether the evidence establishes guilt beyond a reasonable doubt but […]

46 P.3d 543 STATE OF KANSAS, Appellee, v. VERNON P. THOMAS, Appellant. No. 85,174Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. STATUTES — Construction. Rules of statutory construction are restated. 2. CRIMINAL LAW — Arrest Warrant or summons — Affidavit or Sworn Testimony in Support of Probable Cause — […]

971 P.2d 749 STATE OF KANSAS, Appellee, v. JON A. BANDY, Appellant. No. 78,920Court of Appeals of Kansas Opinion filed December 4, 1998. Petition for review denied 266 Kan. 1110 (1999) SYLLABUS BY THE COURT CRIMINAL LAW — Driving with Suspended License — Sentence Enhancement. The interaction of the Kansas Sentencing Guidelines Act with K.S.A. […]

997 P.2d 742 IN THE MATTER OF THE APPLICATION OF TV REALTY, L.L.C., FOR RELIEF FROM A TAX GRIEVANCE IN SEDGWICK COUNTY, KANSAS. No. 81,641Court of Appeals of Kansas Opinion filed: February 11, 2000. Petition for review denied 269 Kan. 932 (2000). SYLLABUS BY THE COURT 1. TAXATION — Escaped Property — Property Listed on […]

103 P.3d 993 BARLETT v. CNA. No. 92,052.Court of Appeals of Kansas January 14, 2005. Appeal from the Shawnee. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

678 P.2d 128 KENNETH M. WALTRIP, PATSY SUE WALTRIP, and DOROTHY JEAN PUFF, Trustees of the Hill Revocable Trusts, Appellants, v. THE SIDWELL CORPORATION; SIDWELL OIL AND GAS, INC.; ROBERT KLABZUBA; DAVID D. READ, JR.; JUDITH ANN KLABZUBA PARK; JANET MARIE KLABZUBA STEVENS; JANE ALICE KLABZUBA KORMAN; JO J. KLABZUBA, Trustee; BILLY J. READ; ALAN […]

891 P.2d 457 In the Matter of the Adoption of BABY BOY W. No. 69,765[1] Court of Appeals of Kansas Opinion filed May 13, 1994 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 9, 1994, pursuant to Rule 7.04 (1994 Kan. […]

640 P.2d 1235 THE DENISON STATE BANK, Appellant, v. C.C. MADEIRA and DARLENE M. MADEIRA, Appellees. No. 53,214Supreme Court of Kansas Opinion filed February 27, 1982. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Directed Verdict Motion — Considerations to Be Made by Trial Court — Appellate Review. In ruling on a motion for a […]

601 P.2d 669 CITY OF NEODESHA, KANSAS, Appellee, v. HARLYN PERRY KNIGHT, II, Appellant. No. 49,713Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT CRIMINAL LAW — Affidavit of Prejudice against Judge — Procedure Required for Transferring Affidavit to Different Judge for Determination. If either party or either party’s attorney in […]

969 P.2d 258 In the Matter of CHARLES E. HILL, Petitioner. No. 75,283Supreme Court of Kansas December 11, 1998 ORDER ATTORNEY AND CLIENT — Reinstatement to Practice Law following Two-year Suspension. On April 19, 1996, petitioner Charles E. Hill was disciplined by suspension for 2 years, effective October 16, 1995, the date of the report […]

144 P.3d 606 In the Matter of MICHAEL F. BRUNTON, Respondent. No. 96,581.Supreme Court of Kansas. Opinion filed October 27, 2006. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Sanctions Suspended for Two Years. Original proceeding in discipline. Opinion filed October 27, 2006. Imposition of disciplinary sanction suspended for two years. Stanton […]

336 P.2d 815 LOYLE BISHOP, C.H. CHAMBERS, JR., W.P. DAHNKE, JAMES DARGON, C.W. DAVIS, C.R. ENGEL, MYRON HOLMAN, CLAY P. HOLMES, W.H. MORRISON, JR., FERD C. MUELLER, MAX R. MURRAY, ROBERT S. MURRAY, EDNA L. PARSONS, CHARLES E. ROEBUCK, EUGENE ROOS, JOE L. RUTHERFORD, AL SILK, ROY SPEAR, HOWARD F. WELCH, G.G. YANCEY, and JOSEPH […]

27 P.3d 881 THE WICHITA EAGLE BEACON COMPANY, d/b/a THE WICHITA EAGLE, and MEDIA GENERAL OPERATIONS, INC., d/b/a KWCH-TV CHANNEL 12, Petitioners, v. THE HONORABLE CLARK V. OWENS II, DISTRICT JUDGE, DISTRICT COURT OF SEDGWICK COUNTY, KANSAS, Respondent. No. 87,132Supreme Court of Kansas Opinion filed: June 13, 2001. SYLLABUS BY THE COURT 1. MANDAMUS — […]

523 P.2d 697 GENEVIEVE BUCK, Appellant, v. BEECH AIRCRAFT CORPORATION and PENNSYLVANIA GENERAL INSURANCE COMPANY, Appellees. No. 47,352Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Extent of Appellate Jurisdiction. The jurisdiction of the supreme court on appeal from the judgment of a district court in a […]

582 P.2d 300 JAMES E. SCALES, Appellee, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellant. INTERNATIONAL MULTIFOODS, INC., Appellee. No. 49,362Court of Appeals of Kansas Opinion filed August 4, 1978 Petition for review denied September 13, 1978. SYLLABUS BY THE COURT 1. COMPARATIVE NEGLIGENCE — Intent and Purpose of Act. The intent and purpose of the […]

547 P.2d 356 LEONARD METTEE, Appellant, v. THE URBAN RENEWAL AGENCY and THE CITY OF KANSAS CITY, KANSAS, et al., Appellees. No. 47,876Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. NEW TRIAL — Order Granting Not Appealable — Exception to Rule Stated. Ordinarily an order granting a new trial […]

609 P.2d 194 STATE OF KANSAS, Appellant, v. ALLAN BURGOON, a/k/a KENNETH ALLAN BURGOON, Appellee. No. 51,315Court of Appeals of Kansas Opinion filed March 21, 1980 Petition for review denied June 20, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Material Witness — Disclosure of Address. In the absence of a compelling reason that […]

767 P.2d 851 DAN LEE ROBINSON, Appellant, v. STATE OF KANSAS, Appellee. No. 61,844Court of Appeals of Kansas Opinion filed January 27, 1989 Petition for review denied 244 Kan. 738. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Motion Attacking Criminal Sentence — Civil Rules of Procedure Applicable. Although K.S.A. 60-1507 proceedings are part of […]

601 P.2d 1100 CHELSEA PLAZA HOMES, INC., Appellee, v. JOYCE MOORE, Appellant. No. 49,850Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. STATUTES — Construction — Specific Legislation Takes Precedence over General. It is a cardinal rule of law that statutes complete in themselves, relating to a specific thing, take […]

681 P.2d 669 STATE OF KANSAS, Appellee, v. JERRY B. GRAY, Appellant. No. 55,897Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence of Other Crimes or Civil Wrongs — Admissibility. While evidence of an independent offense may be admissible in a criminal case under the provisions […]

392 P.2d 957 JAMES T. KLEPPER, Appellee, v. HENRY DAVID STOVER, Individually, and as Administrator with the Will Annexed of the Estate of Henry B. Stover, Deceased, and THERESA STOVER, residuary legatee and devisee of Henry R. Stover, deceased, Appellants. No. 43,687Supreme Court of Kansas Opinion filed June 6, 1964. SYLLABUS BY THE COURT PLEADING […]

220 P.2d 147 In the Matter of the Petition of the City of Salina to the Board of County Commissioners of Saline County, Kansas, for Findings as to the Advisability of Adding Territory to the City of Salina. CITY OF SALINA, Appellee, v. GUY A. THOMPSON, Trustee of Missouri Pacific Railroad Company, Appellant. No. 37,919Supreme […]

585 P.2d 1046 IN THE INTEREST OF CHARLOTTE ANN WHITE, A FEMALE MINOR, Appellant. No. 49,567Supreme Court of Kansas Opinion filed October 28, 1978. SYLLABUS BY THE COURT 1. JUVENILE CODE — Juvenile Tried as Adult — Certification Proceeding. In a proceeding to determine that a juvenile should be tried as an adult under the […]

66 P.3d 921 RICHARD J. WRIGHT and RICHARD WRIGHT REALTORS, Appellants, v. RAYMOND R. SHEPHERD and JUNE M. SHEPHERD, Appellees. No. 89,343.Court of Appeals of Kansas. Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. REAL PROPERTY — Real Estate Broker’s Commission — Listing Agreement Controls. A real estate broker’s entitlement to a commission is […]

955 P.2d 150 KYLE TRENDEL, Appellant, v. DAVID L. ROGERS, Appellee. No. 77,811Court of Appeals of Kansas Opinion filed March 13, 1998 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Special Jury Form — Jury Instructions — Trial Court Discretion. The decision whether to submit a special verdict form or instruct the jury on the […]

543 P.2d 932 CARROLL R. OLSON, Appellant, v. THE CITY OF WAKEENEY, KANSAS, Appellee. No. 47,870Supreme Court of Kansas Opinion filed December 13, 1975. MEMORANDUM OPINION APPEAL AND ERROR — Rezoning — “Non-decisive Vote” — No Review. Appeal from Trego district court; BENEDICT P. CRUISE, judge. Opinion filed December 13, 1975. Reversed and remanded with […]

522 P.2d 436 STATE OF KANSAS, Appellee, v. ALFRED SALTERS, Appellant. No. 47,323Supreme Court of Kansas Opinion filed May 11, 1974. MEMORANDUM OPINION CRIMINAL LAW — Unlawful Possession of Marijuana — Complaint Cited a Repealed Statute. Appeal from Labette district court, sitting at Parsons; HAL HYLER, judge. Opinion filed May 11, 1974. Affirmed. John B. […]

494 P.2d 1095 CLAIR AGRELIUS, Appellant, v. MARY JO MOHESKY, KARALYN ARCHER, JUDY AGRELIUS, BETSY SIDENIUS, KENNETH F. HILL, Heirs of Paul Kenneth Agrelius, Deceased; WILLIAM J. DICK, Special Administrator of the Estates of Frank U.G. Agrelius and Elizabeth T. Agrelius, Deceased, Appellees. No. 46,237Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY […]

563 P.2d 474 STATE OF KANSAS, Appellee, v. VINCENT HERNANDEZ, Appellant. No. 48,466Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Possession of Burglary Tools — Lay Opinion Testimony Admissible — Inference of Guilt. The record on appeal from a conviction for the offense of possession of burglary […]

861 P.2d 124 In the Matter of MARY CATHERINE JACKSON, Respondent. No. 69,066Supreme Court of Kansas Opinion filed October 29, 1993. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Disciplinary Proceeding — Duty of Lawyers to Cooperate in Disciplinary Investigations. Supreme Court Rule 207(b) (1992 Kan. Ct. R. Annot. 160) imposes a duty on […]

592 P.2d 921 SHERYL BARTON, Petitioner, v. HARRY MILLER, Administrative Judge, Wyandotte County District Court, RICHARD D. SHANNON, Court Administrator, Wyandotte County District Court, HELEN ZAGAR, Clerk, Wyandotte County District Court, DOROTHY KOSKA, Chief Deputy Clerk, Wyandotte County District Court, Respondents. No. 50,801Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT […]

787 P.2d 701 STATE OF KANSAS, Appellant, v. DANE R. GRIFFIN, Appellee. No. 63,938Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Interlocutory Appeal by State from Suppression of Evidence. K.S.A. 22-3603 permits the State to appeal a district court order that suppresses or excludes evidence so […]

865 P.2d 218 STATE OF KANSAS, Appellee, v. DAVID M. KENDIG, Appellant. Nos. 69,129, 69,130Court of Appeals of Kansas Opinion filed December 23, 1993 Petition for review denied 254 Kan. 1009 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search Incident to Arrest for Violating Municipal Code Provision — Evidence Will Not Be Suppressed […]

795 P.2d 71 CODY SUSNIK, A MINOR CHILD, BY THROUGH HIS PARENTS, NATURAL GUARDIANS NEXT FRIENDS CRAIG SUSNIK DORIS SUSNIK, AND CRAIG SUSNIK DORIS SUSNIK, AS INDIVIDUALS, Appellants, v. WESTERN INDEMNITY COMPANY, INC., ANTHONY J. DONNELLY LORETTA A. DONNELLY, Appellees. No. 63,027[1] Court of Appeals of Kansas Opinion filed September 22, 1989 [1] REPORTER’S NOTE: […]

438 P.2d 53 THE CITY OF WELLINGTON, KANSAS, Appellee, v. WILLIAM L. MILLER and DONNA MAY MILLER, Appellants. No. 44,972Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Appeal From Award — Issues Framed by Statute — Dismissal Under Civil Code Not Applicable. On appeal to the […]

396 P.2d 370 STATE OF KANSAS, Plaintiff-Appellee, v. ROBERT L. BACHMANN, Defendant-Appellant. No. 43,927Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT EMBEZZLEMENT — Notice of Crime — Statute of Limitations. In an embezzlement prosecution under G.S. 1949, 21-545 commenced on November 30, 1962, where notice of the commission of the […]

50 P.3d 105 CHRISTOPHER GREENWOOD, Appellant, v. STATE OF KANSAS, Appellee. No. 88,098Court of Appeals of Kansas Opinion filed: July 19, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sexual Exploitation of a Child. K.S.A. 2001 Supp. 21-3516(a)(2) is construed and applied. 2. SAME — Guilty Plea — Plea Effectively Waives Defects and Irregularities. […]

986 P.2d 1077 In The Matter of LISA ANN BAILEY, Respondent. No. 82,940Supreme Court of Kansas Opinion Filed October 29, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Supervised Probation. Original proceeding in discipline. Opinion filed October 29, 1999. Two-year probation. Stanton A. Hazlett, disciplinary administrator, argued the cause and […]

133 P.3d 1 IN THE MATTER OF THE ADOPTION OF B.G.J. No. 91,997.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. ADOPTION — Indian Child Welfare Act — Preferential Placement. The Indian Child Welfare Act requires that in any adoptive placement of an Indian child under state law, a preference shall […]

531 P.2d 22 J.R. WAITS and JOAN FAY WAITS, FLOYD L. BEDIGREW and MRS. FLOYD L. BEDIGREW, Appellees, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellant. No. 47,527Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. RAILROADS — Collision at Crossing — Unusually Dangerous Crossing — Instruction on Crossbuck Signs — […]

691 P.2d 1329 GARRY E. WILLIAMS, Appellee, v. HERB MASCHNER, Appellant. No. 56,622Court of Appeals of Kansas Opinion filed December 14, 1984 SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Prison Officials — Discretion Allowed in Discharge of Duties — Review by Courts. Prison officials as executive officers of the state are charged with the […]

249 P.2d 688 DONALD F. BURTON, Appellant, v. WESTERN IRON AND FOUNDRY COMPANY, and HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellees. No. 38,711Supreme Court of Kansas Opinion filed November 8, 1952. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Injuries Arising Out of or in Course of Employment — Failure of Proof — Rulings and Judgment Supported […]

592 P.2d 891 STATE OF KANSAS, Appellee, v. STAUFFER COMMUNICATIONS, INC., Appellant. No. 49,917Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Freedom of the Press — Reporting of Facts from Public Records. The First Amendment to the United States Constitution and Section 11 of the Bill […]

56 P.3d 807 NATIONAL INSPECTION AND REPAIR, INC., APPELLEE, v. VALLEY FORGE LIFE INSURANCE COMPANY AND CONTINENTAL ASSURANCE COMPANY, APPELLANTS, AND EUGENE C. STRAUB, APPELLEE. Supreme Court of Kansas[1] [2] Nos. 87,279, 87,981 Opinion filed: November 1, 2002. [1] REPORTER’S NOTE: Hon. Edward Larson became a Senior Judge upon his retirement from the Supreme Court […]

515 P.2d 744 WASHINGTON AVENUE INVESTMENTS, INC., Appellee, v. THE CITY OF KANSAS CITY, KANSAS, and BOARD OF PUBLIC UTILITIES OF KANSAS CITY, KANSAS, Appellants. No. 47,136Supreme Court of Kansas Opinion filed November 3, 1973. MEMORANDUM OPINION TRIAL — Evidence in Locating Utility Pole — Verdict Supported by Evidence. Appeal from Wyandotte district court, division […]

399 P.2d 539 THE BOARD OF EDUCATION OF THE CITY OF HAYSVILLE, of the State of Kansas, Appellant, v. THE BOARD OF EDUCATION OF THE CITY OF WICHITA, of the State of Kansas, and W.O. WILLIAMS, County Clerk of Sedgwick County, Kansas, Appellees. No. 43,952Supreme Court of Kansas Opinion filed March 6, 1965. SYLLABUS BY […]

708 P.2d 946 STATE OF KANSAS, Appellee, v. THOMAS P. BIRD, Appellant. No. 57,592Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Information — Sufficiency of Charges in Information — Issue of Sufficiency Can Be Raised by Defendant at Any Time in Criminal Proceeding. In a felony […]

122 P.3d 838 IN RE MARRIAGE OF FELLOWS. No. 93,750.Court of Appeals of Kansas. November 18, 2005. Appeal from Ellis. Decision without published opinion. Affirmed in part and dismissed in part.

670 P.2d 534 M B INVESTMENT, INC., A Kansas Corporation, Appellant, v. CRAIG SMITH and KAREN J. SMITH, Appellees. No. 54,922Court of Appeals of Kansas Opinion filed October 13, 1983 SYLLABUS BY THE COURT MECHANIC’S LIEN — Foreclosure Action — Verification of Lien Statement. In an action by a subcontractor to foreclose a mechanic’s lien […]

366 P.2d 276 GEORGIA KLINE, Appellee, v. RALPH ASH, JAMES ANDREW JACOBSON and FRED JACOBSON, his father and natural guardian, Appellants. No. 42,340Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT AUTOMOBILES — Collision With Parked Truck on Highway — Demurrer to Evidence — Instructions — Judgment on Verdict and Answers […]

710 P.2d 1258 THE BANK OF WHITEWATER, Plaintiff-Appellee, v. DECKER INVESTMENTS, INC., et al., Defendants-Appellees, and AVCO FINANCIAL SERVICES OF TOPEKA, INC., and ASSOCIATES FINANCIAL SERVICES COMPANY OF KANSAS, INC., Defendants-Appellants, and BANK OF MID-AMERICA, Plaintiff-Appellee, v. COMPASS DEVELOPMENTS, INC., et al., Defendants-Appellees. No. 57,665Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY […]

936 P.2d 294 LARRY WATKINS, JR., Claimant, v. FOOD BARN STORES, INC., and CREDIT GENERAL INSURANCE COMPANY, Appellants, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 76,288Court of Appeals of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT WORKERS COMPENSATION — Return of Previously Injured Employee to Unaccommodated Job with Comparable Wages — Presumption […]

855 P.2d 989 STATE OF KANSAS, Appellee, v. MICHAEL J. MITCHELL, Appellant. No. 68,545Court of Appeals of Kansas Opinion filed July 9, 1993 SYLLABUS BY THE COURT 1. EVIDENCE — Unavailable Witness — Admissibility at Trial of Absent Witness’ Preliminary Hearing Testimony. The preliminary hearing transcript of the testimony of an absent witness may be […]

734 P.2d 1096 STATE OF KANSAS, Appellee, v. JOHN F. CLEMENTS, JR., Appellant. No. 59,135Supreme Court of Kansas Opinion filed March 27, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Opinion Testimony of Mental Health Therapist as to Consistency of Statements Made by Sodomy Victim and His Progress in Therapy — Admissibility. An expert’s […]

508 P.2d 849 GOSPEL TABERNACLE BODY OF CHRIST CHURCH, Appellant, v. PEACE PUBLISHERS COMPANY, a Corporation organized and existing under the laws of the State of Arizona, Appellee. No. 46,603Supreme Court of Kansas Opinion filed April 12, 1973. OPINION ON MOTION FOR HEARING Appeal from Wyandotte district court, division No. 2; WILLIAM J. BURNS, judge. […]

296 P.2d 1049 IDA BEYE, Appellant, v. MARTIN Y. ANDRES, Appellee. No. 39,976Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Record in Supreme Court. It devolves upon the party appealing to bring up a complete record of all matters upon which review is sought. 2. […]

917 P.2d 823 FELIX DEGOLLADO and VICENTA DEGOLLADO, surviving parents and heirs-at-law of Ronnie Degollado, a deceased minor, Appellants, v. EMILIO CRUZ GALLEGOS and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellees. No. 75,266Supreme Court of Kansas Opinion filed on May 31, 1996. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist Coverage — Territorial Limitations […]