Category: Kansas Court Opinions

173 P.3d 1167 DAVID J. SILVERS, Appellant, v. STATE OF KANSAS, Appellee. No. 96,869.Court of Appeals of Kansas. January 11, 2008. SYLLABUS BY THE COURT1. HABEAS CORPUS — Evidentiary Hearing Conducted on K.S.A. 60-1507 Motion — Denial of Motion — Appellate Review — Standard of Review. When an evidentiary hearing has been conducted in the […]

738 P.2d 872 STATE OF KANSAS, Appellee, v. MARVIN W. JOHNSON, Appellant. No. 59,934Court of Appeals of Kansas Opinion filed June 18, 1987 Petition for review denied September 9, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Arson — Proof. In a prosecution for arson, the State must prove as an essential element of […]

879 P.2d 620 STATE OF KANSAS, Appellee, v. HOWARD S. BORDERS, Appellant. No. 69,722Supreme Court of Kansas Opinion filed August 17, 1994. SYLLABUS BY THE COURT 1. COURTS — Dockets — Trial Court Latitude in Controlling Docket. A trial court must be afforded considerable latitude in controlling its docket to the end that procrastination and […]

245 P.3d 1057 DEUTSCHE BANK NATIONAL TRUST CO., Appellee, v. DOUGLAS SUMNER, et al., Appellants, and BOARD OF COUNTY COMMISSIONERS OF RENO COUNTY, et al., Defendants. DOUGLAS SUMNER and CAROL SUMNER, Appellants, v. AMERIQUEST MORTGAGE COMPANY and GWENDOLYN CREEL, Appellees. No. 101,424.Court of Appeals of Kansas. Opinion filed October 29, 2010. SYLLABUS BY THE COURT1. […]

752 P.2d 129 ST. FRANCIS REGIONAL MEDICAL CENTER, INC., Appellee, v. RALPH HALE and ESTHER D. HALE, Appellants. No. 60,707Court of Appeals of Kansas Opinion filed March 31, 1988 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Burden of Proof. To avoid summary judgment, the nonmoving party must establish each element of the […]

262 P.2d 835 In the Matter of the Estate of Margaret Keenan, Deceased. (MOLLIE KEENAN LAMB, HAROLD P. KEENAN, MYRTLE KEENAN HOHNER, EDNA KEENAN HAAS, Appellees, v. ELLA STROBLE, MARTHA CURTIS, LENA CURTIS, PEARL FRENCH, ROBERT SAVOY, LESTER SAVOY, DELBERT SAVOY, REGINALD SAVOY, JOSEPHINE KEENAN, LaVERNE KEENAN, GERALD KEENAN, HARRY KEENAN, BLANCHE O’CONNER and MARJORIE […]

896 P.2d 1106 STATE OF KANSAS, Appellee, v. DOUGLAS A. HEISKELL, Appellant. No. 71,577Court of Appeals of Kansas Opinion filed June 9, 1995 SYLLABUS BY THE COURT 1. TRIAL — Jury Selection — Peremptory Challenges — Preservation of Timely Claim of Discriminatory Use. To preserve a timely claim of discriminatory use of a peremptory strike, […]

427 P.2d 497 COURTIE U. BLAKESLEY, Appellant, v. STATE OF KANSAS, Appellee. No. 44,805Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Petitioner Represented by Missouri Lawyer — Advising as to Plea. It is not assumed that an experienced member of the Missouri Bar could not properly […]

580 P.2d 1375 PEOPLES STATE BANK OF CHERRYVALE, KANSAS, Appellee, v. GLEN CLAYTON and MRS. CLAYTON, his Mother, Appellant. No. 49,407Court of Appeals of Kansas Opinion filed July 14, 1978 SYLLABUS BY THE COURT UNIFORM COMMERCIAL CODE — “Fixtures” — Common-law Test Applicable — Dairy Equipment Installed in Barn. In determining whether dairy equipment installed […]

122 P.3d 42 STATE v. BALLARD. No. 92,929.Court of Appeals of Kansas. November 4, 2005. Appeal from Sedgwick. Decision without published opinion. Sentence vacated and case remanded with directions.

33 P.3d 862 STATE OF KANSAS, Appellee, v. JOHN W. PARTRIDGE, JR., Appellant. No. 86,213Court of Appeals of Kansas Opinion filed: October 19, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Search and Seizure — Automobile Stop — Stop Based on Information Supplied by Citizen-Informant — Sufficiency of Information to Justify Stop. Under the circumstances […]

95 P.3d 1028 ALAYNA R. COBB, Appellant, v. DANIEL W. CORBETT, an Individual, Defendant, and WESTAFF, INC., Appellee. No. 91,395.Court of Appeals of Kansas Opinion filed August 20, 2004. SYLLABUS BY THE COURT1. NEGLIGENCE — Plaintiff’s Tort Action against Individual and Individual’s Employer — Settlement with and Release of Individual Also Releases Employer. In a […]

427 P.2d 621 JOHN E. JACOBSON, Appellant, v. FORD MOTOR COMPANY, Appellee. No. 44,733Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT NEGLIGENCE — Action for Personal Injuries — Jury’s Answer to Written Interrogatory. The record of trial in an action to recover damages for personal injury, based upon negligence and […]

893 P.2d 832 STATE OF KANSAS, Appellant, v. STEVEN BOCKERT, Appellee. No. 71,227Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Dismissal of Complaint at Preliminary Examination for Lack of Probable Cause — Prosecutor’s Appeal — Appellate Review. In an appeal by the prosecution from a magistrate’s […]

223 P.2d 1001 CHARLIE MAUNE and EDITH M. MAUNE, Appellants, v. LANDOWNERS OIL ASSOCIATION, a Corporation; SINCLAIR PRAIRIE OIL COMPANY, a Corporation, and THE NATIONAL COOPERATIVE REFINING ASSOCIATION, Appellees. No. 37,931Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Action to Set Aside Mineral Conveyance — […]

16 P.3d 333 STATE OF KANSAS, Appellee, v. JILL M. STREET, Appellant. No. 84,465Court of Appeals of Kansas Opinion filed December 15, 2000. Petition for review denied 271 Kan. 1041 (2001). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation — Revocation — Violation of Probation Required. A probationer may not have his or her […]

666 P.2d 703 STATE OF KANSAS, Appellant, v. STEVEN MICHAEL WORRELL, Appellee. No. 55,288Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Standing to Challenge Legality of Search. An illegal search can only violate the rights of those who have a legitimate expectation of privacy in […]

75 P.3d 769Court of Appeals of Kansas August 29, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Vest 88,314 Johnson 08/29/2003 Affirmed Gietzen v. Quiet Thunder Investment 88,449 Sedgwick 08/29/2003 Affirmed in part and reversed in part State v. Martinez 88,852 Johnson 08/29/2003 Affirmed in part, reversed in part, and remanded […]

595 P.2d 1130 STATE OF KANSAS, Appellee, v. ANTHONY D. CHILES, Appellant. No. 50,408Supreme Court of Kansas Opinion filed June 9, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unlawful Possession of a Firearm — Equal Protection of the Law — Classifications not Unreasonable, Arbitrary or Oppressive. The provisions of K.S.A. 21-4204 do not […]

869 P.2d 696 DEBRA G. HERMAN, Appellant, v. WESTERN FINANCIAL CORPORATION, COLUMBIAN SAVINGS ASSOCIATION, F.A., DAN WELCH, CHARLES STEIGLER, ALLEN HARNISCH, and M.D. VAUGHN, Appellees. No. 70,012Supreme Court of Kansas Opinion filed March 4, 1994. SYLLABUS BY THE COURT 1. TORTS — Gender Discrimination Claim — Hostile Work Environment. In order to constitute a hostile […]

400 P.2d 721 IDA HORTENSE DARR, Appellee, v. JAMES J. DARR, Appellant. No. 43,985Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT DIVORCE — Alimony and Division of Property — Judgment Excessive. In an appeal by a husband in a divorce action from a judgment as it pertains to alimony and […]

326 P.2d 257 WALTER O’BRIEN and VERA O’BRIEN, Appellees, v. CARROLL D. JONES, Appellant. No. 40,853Supreme Court of Kansas Opinion filed June 7, 1958. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rulings Not Specified in Notice of Appeal — Review. Rulings not particularly specified in a notice of appeal present nothing for appellate […]

204 P.3d 1156 JOHN W. HIGGINS, Appellant, v. ABILENE MACHINE, INC., and CONTINENTAL NATIONAL AMERICAN GROUP, Appellees. No. 97,649.Supreme Court of Kansas. Opinion filed March 27, 2009. SYLLABUS BY THE COURTWORKERS COMPENSATION — Claimant’s Expert Witness Fees — Denial of Fees by Administrative Law Judge When Incurred to Pursue Post-award Medical Benefits. K.S.A. 2008 Snpp. […]

804 P.2d 347 MICHAEL S. HALES AND MARLENE S. HALES, Appellants, v. THE CITY OF KANSAS CITY, KANSAS, Appellee. No. 65,031Supreme Court of Kansas Opinion filed January 18, 1991. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Condemnation Proceeding — Police Power Regulation — Reasonableness May Be Asserted by City in Condemnation Action. The […]

586 P.2d 683 FRANCIS SINCLAIR, Petitioner, v. HON. ALFRED G. SCHROEDER, Respondent. No. 50,308Supreme Court of Kansas Opinion filed November 15, 1978. SYLLABUS BY THE COURT 1. JUDGES — District Magistrate Judges — Qualifications — Removal from Office. With regard to district magistrate judges there is no conflict between the statutory provision for forfeiture of […]

179 P.3d 404 In the Matter of JEFFREY T. PITTMAN, Respondent. No. 99, 409.Supreme Court of Kansas. Opinion filed March 28, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed March 28, 2008. Disbarment. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and Stanton A. […]

680 P.2d 877 DAVID E. JACKSON, et al., Appellees, v. CITY OF KANSAS CITY, KANSAS, et al., Appellants. No. 55,722Supreme Court of Kansas Opinion filed April 6, 1984. SYLLABUS BY THE COURT 1. TORTS — Kansas Tort Claims Act — Application of Statutory Amendment Extending Immunity to Claim Asserted by Firemen’s Relief Association Members. The […]

124 P.3d 109 STATE v. SHERIDAN. No. 93,802.Court of Appeals of Kansas. December 9, 2005. Appeal from Rice. Decision without published opinion. Remanded with directions.

73 P.3d 772 JEROME EDWARDS, Appellant, v. STATE OF KANSAS, Appellee. No. 89,647.Court of Appeals of Kansas. Opinion filed July 25, 2003. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Mandate from Appellate Court — District Court’s Compliance — Appellate Review of District Court’s Compliance. When the decision of a district court has been reversed and […]

175 P.3d 855 In the Matter of JAMES PAUL DAVIDSON, Respondent. No. 99,077.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. Stanton A. Hazlett, disciplinary administrator, argued the cause, and was on […]

516 P.2d 963 VICKY BUIE, Appellee, v. JUDITH BIRTELL, Appellant. No. 46,988Supreme Court of Kansas Opinion filed December 8, 1973. MEMORANDUM OPINION AUTOMOBILES — Collision — No Expert Assistance — No Finding of Causal Connection. Appeal from Montgomery district court; DAVID H. SCOTT, judge. Opinion filed December 8, 1973. Reversed with directions. Jack L. Lively, […]

93 P.3d 734 In The Matter of the Marriage of LUCY PAUL, Appellee, and RONALD PAUL, Appellant. No. 91,129.[1] Court of Appeals of Kansas Opinion filed July 16, 2004. [1] REPORTER’S NOTE: Following the Kansas Supreme Court’s grant of a petition for review, the court heard arguments in the case and adopted the opinion of […]

596 P.2d 137 In the Matter of the Estate of Maggie L. Wernet, Deceased. No. 50,267Supreme Court of Kansas Opinion filed June 9, 1979. SYLLABUS BY THE COURT 1. WILLS — Construction — Function of Courts. Where a court, either trial or appellate, is called upon to determine the force and effect to be given […]

422 P.2d 964 STATE OF KANSAS, Appellee, v. SAMUEL L. FOSTER, Appellant. No. 44,493Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS OF THE COURT 1. CRIMINAL LAW — Driving While Drunk — Admitting Blood Alcohol Test Report — Failure to Lay Foundation — Instruction — Admissibility of Report. In a criminal action charging […]

120 P.3d 808 DUPREE v. SUTTON. No. 93,821.Court of Appeals of Kansas. October 7, 2005. Decision without published opinion. Affirmed.

231 P.2d 239 JOHN W. LESSLEY, Appellant, v. THE KANSAS POWER LIGHT COMPANY, a Corporation, Appellee. No. 38,288Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Workman Under Subcontractor Engaged in Principal’s Business — Scope of Business Considered — Remedy — Liability of Principal. The defendant, authorized, licensed, […]

912 P.2d 716 BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, et al., Appellants, v. SUSAN K. DUFFY, Acting Director of Property Valuation, Division of Property Valuation, Kansas Department of Revenue, Appellee. No. 74,015Supreme Court of Kansas Opinion filed March 8, 1996 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Mootness Doctrine. The general […]

178 P.3d 672 STATE OF KANSAS, Appellee, v. JESSE SMITH, Appellant. No. 96,120.Court of Appeals of Kansas. Opinion filed March 14, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Rape — Specific Intent Not Element of Crime. As a general rule, rape as proscribed within K.S.A. 21-3502 does not require specific intent on the part […]

629 P.2d 745 LORETTA MOSSBURG, and the STATE OF UTAH, by and through UTAH STATE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF RECOVERY SERVICES, Plaintiffs-Appellees, v. CARL D. COFFMAN, Defendant-Appellant. No. 50,927Court of Appeals of Kansas Opinion filed June 12, 1981 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Uniform Reciprocal Enforcement of Support Act […]

547 P.2d 760 STATE OF KANSAS, Appellant and Cross-Appellee, v. A MOTION PICTURE ENTITLED “THE BET,” et al., and A MOTION PICTURE ENTITLED “THE SEXUAL THERAPIST,” et al., Appellees and Cross-Appellants. No. 47,817Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. OBSCENITY — Constitutional Meaning Defined. The word “obscene” is […]

502 P.2d 630 STATE OF KANSAS, ex rel. KEITH SANBORN, County Attorney, Sedgwick County, Kansas, Appellant, v. AL M. BISSING, THE WICHITA GREYHOUND CLUB, et al., Appellees. No. 46,588Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CONTEMPT — Criminal Contempt — No Appeal from Judgment of Not Guilty. In […]

98 P.3d 672 STATE v. FONSECA-ORTEGA. No. 91,494.Court of Appeals of Kansas October 8, 2004. Appeal from the Ottawa. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

187 P.3d 126 JASON L. OSTERHAUS, Appellant, v. JEAN BETTY TOTH, et al., and JEFFREY S. SCHUNK and TOPPROS REAL ESTATE, INC., Appellees. No. 97,847.Court of Appeals of Kansas. Opinion filed July 3, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, […]

635 P.2d 1274 STATE OF KANSAS, Appellee, v. THURMAN J. WILLIAMS, Appellant. No. 52,902Court of Appeals of Kansas Opinion filed November 13, 1981 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voluntary Manslaughter — Involuntary Manslaughter Is “Included” Crime But Not “Lesser Included” Crime. Although involuntary manslaughter is not a “lesser included” offense of voluntary […]

465 P.2d 987 SHUNGA PLAZA, INC., and AMERICAN SAVINGS ASSOCIATION OF TOPEKA, Kansas Corporations, Appellants, v. AMERICAN EMPLOYERS’ INSURANCE COMPANY, Appellee. No. 45,650Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. INSURANCE — Method of Cancellation Provided in Policy — Cancellation by Mutual Agreement. A method of cancellation provided for […]

802 P.2d 533 STATE OF KANSAS, Appellee, v. KEITH A. JONES, Appellant. No. 63,850[1] Supreme Court of Kansas Opinion filed December 7, 1990. [1] REPORTER’S NOTE: ADRIAN J. ALLEN, District Judge, was appointed to hear case No. 63,850 vice Justice Abbott pursuant to the authority vested in the Supreme Court by Article 3, § 6(f) […]

237 P.2d 213 BETTY ANN SMITH, Appellant, v. RAY LEIGH SMITH, Appellee. No. 38,349Supreme Court of Kansas Opinion filed November 10, 1951. SYLLABUS BY THE COURT 1. JUDGMENTS — Vacation — Procedure During Term. It is a general rule that a district court has full power and control over its orders or judgments during the […]

217 P.3d 56 STATE OF KANSAS, Appellee, v. KIM L. KELLEY, Appellant. No. 100,255.Court of Appeals of Kansas. Opinion filed October 9, 2009. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission or Exclusion of Evidence — Hearsay Evidence — Appellate Review. The rules regarding the admission or exclusion of evidence at trial may be […]

618 P.2d 1195 GUARANTEE ABSTRACT AND TITLE COMPANY, INC., Appellee and Cross-Appellant, v. INTERSTATE FIRE AND CASUALTY COMPANY, INC., Appellant and Cross-Appellee. No. 51,199Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT 1. INSURANCE — Punitive Damages — Public Policy Requires Payment by Insured Not Insurer. Public policy requires that payment […]

760 P.2d 1213 KANSAS TURNPIKE AUTHORITY; MORGAN GUARANTY TRUST COMPANY OF NEW YORK; BANK IV WICHITA, NATIONAL ASSOCIATION (formerly THE FOURTH NATIONAL BANK AND TRUST COMPANY, WICHITA); BANK IV TOPEKA, NATIONAL ASSOCIATION (formerly THE FIRST NATIONAL BANK OF TOPEKA); and THE FIRST NATIONAL BANK OF CHICAGO, Appellees, v. HENRY P. WHEELER and BARR BROTHERS CO., […]

907 P.2d 868 STATE OF KANSAS, Appellee, v. BRYAN K. DePRIEST, Appellant. No. 71,637Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Appellate Review. Instructions are to be considered together and read as a whole without isolating any one instruction. If the instructions properly and […]

85 P.3d 716 DOWLING REALTY, a Kansas General Partnership, and DAVID F. DOWLING, D.D.S., P.A., Appellants, v. CITY OF SHAWNEE, KANSAS, and MIDWEST HOLDINGS, LLC, Appellees. No. 90,078.Court of Appeals of Kansas. Opinion filed March 12, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of […]

110 P.3d 1053 DEAL v. STATE. No. 92,163.Court of Appeals of Kansas. May 6, 2005. Appeal from the Miami. Decision without published opinion. Affirmed.

102 P.3d 490 ALLEN J. NICKELSON, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 92,164.Court of Appeals of Kansas. Opinion filed December 17, 2004. SYLLABUS BY THE COURT1. MOTOR VEHICLES — Driver’s License Suspension — Appellate Review. An appellate court applies the substantial competent evidence standard when reviewing a district court’s ruling in a driver’s […]

587 P.2d 1271 HAROLD P. LINSCOTT and GLENDA LINSCOTT, Appellants, v. IVAN SMITH, d/b/a BESTWAY MOBILE HOMES, and BESTWAY MOBILE HOMES, INC., Appellees. No. 49,298Court of Appeals of Kansas Opinion filed December 15, 1978 SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Acceptance of Goods by Buyer. Acceptance of goods tendered in performance of […]

337 P.2d 684 STATE OF KANSAS, Appellee, v. OSCAR BETHEA, Appellant. No. 41,156Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT CRIMINAL LAW — Destruction of Property — Jeopardy — Appeal Without Costs. The defendant was charged and convicted of the offense of the malicious and felonious destruction of property of […]

848 P.2d 463 CLARK ORLOVETZ, Appellant, v. DAY ZIMMERMAN, INC., A Foreign Corporation Doing Business in Kansas, Appellee. No. 68,236Court of Appeals of Kansas Opinion filed March 12, 1993 SYLLABUS BY THE COURT STATES — Federal Enclaves — Determination Whether State or Federal Law Applicable to Activities within Federal Enclave. With respect to federal enclaves […]

145 P.3d 18 STATE OF KANSAS, Appellee, v. JORGE SANCHEZ GONZALEZ, Appellant. No. 91,469.Supreme Court of Kansas. Opinion filed October 27, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission or Exclusion of Evidence — Appellate Review. When the admission or exclusion of evidence is raised at trial, an appellate court first considers whether […]

326 P.2d 295 PAUL ZIEGELASCH, Appellee, v. LEON DURR, Appellant. No. 41,004Supreme Court of Kansas Opinion filed June 7, 1958. SYLLABUS BY THE COURT 1. TRIAL — Demurrer to Evidence Overruled — When Motion for Directed Verdict Necessary. Where defendant’s demurrer to plaintiff’s evidence is overruled, and defendant elects to introduce evidence on his own […]

905 P.2d 114 NATIONAL COUNCIL ON COMPENSATION INSURANCE, A Florida Not-For-Profit Corporation, Appellee, v. RON TODD, COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS, Appellant. No. 73,250Supreme Court of Kansas Opinion filed November 3, 1995. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appellate Review of Agency Action — Judicial Review and Civil Enforcement of […]

299 P.2d 35 PEARL EARL ERB, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant. No. 40,171Supreme Court of Kansas Opinion filed June 30, 1956. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Action Against Negligent Third Party — Limitation of Action. Under the workmen’s compensation act, when the injury for which compensation […]

771 P.2d 79 SHARON LOVE, Appellant, v. MONARCH APARTMENTS, Appellee. No. 61,891Court of Appeals of Kansas Opinion filed March 24, 1989 SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Security Deposit — Landlord’s Breach of Duty to Return Deposit — Mandatory Damages Awarded to Tenant. A trial court has no discretion over the damages […]

439 P.2d 123 BERTHA HOARD, Individually and as the Executrix of the Estate of Elmer E. Hoard, Deceased, Appellant, v. JOYCE SHELTON; LYLE HARRIS and GLENDON E. REWERTS, Co-Administrators of the Estate of Robert L. Hoard, Deceased; ELBERTA WHITTINGTON; RANDALL K. NEWELL; and PAMELA NEWELL STAPLES, Appellees. No. 45,155Supreme Court of Kansas Opinion filed April […]

933 P.2d 126 STATE OF KANSAS, Appellee, v. WILLIAM J. FRITZ, Appellant. No. 73,104Supreme Court of Kansas Opinion filed January 24, 1997. SYLLABUS BY THE COURT 1. STATUTES — Specific Statute Controls over General Statute. When there is a conflict between a statute dealing generally with a subject and another statute dealing specifically with a […]

460 P.2d 541 SAMUEL E. LUX, III and GERALDINE LUX, Appellants, v. THE CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellee. No. 45,457Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Change of Grade — Failure to File Notice — Action Based on Implied Contract. In an action […]

124 P.3d 96 L. WAYNE DAVIS and DAVIS FARMS, LLC, Appellants, v. KEY GAS CORP. and UNITED ENERGY, INC., Appellees. Petition for review denied 281 Kan. 1377 (2006). No. 94,308.Court of Appeals of Kansas. Opinion filed December 16, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Controlling Facts Based on Written or Documentary Evidence […]

850 P.2d 923 TED C. VEATCH, Appellant, v. TERRY E. BECK, Appellee. No. 67,415Supreme Court of Kansas Opinion filed April 21, 1993. SYLLABUS BY THE COURT APPEAL AND ERROR — Issue Not Raised at Trial Level Cannot Be Raised on Appeal. A point not raised and presented to the trial court cannot be raised for […]

138 P.3d 1284 STATE OF KANSAS, Appellee, v. WYNONA L. BENNETT Appellant. No. 94,492.Court of Appeals of Kansas. Opinion filed August 4, 2006. SYLLABUS BY THE COURTCRIMINAL LAW — Probation — Unreasonable Delay between Issuance and Execution of Probation Violation Warrant Results in Waiver of Probation Violation — Determination Whether Delay Unreasonable. An unreasonable delay […]

613 P.2d 394 DELBERT EUGENE HIGHMAN, Appellant, v. JAMES MARQUEZ, KENNETH OLIVER, et al., Appellees. No. 50,523Court of Appeals of Kansas Opinion filed July 11, 1980 SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Conditions of Confinement — Habeas Corpus Action — Exhaustion of Administrative Remedies. Available administrative remedies must be exhausted before the conditions […]

103 P.3d 976 IN THE MATTER OF S.M.H., A MINOR CHILD, AND IN THE MATTER OF L.M.H., A MINOR CHILD. Nos. 91,519, 91,520.Court of Appeals of Kansas. Opinion filed January 14, 2005. Petition for review denied 279 Kan. 1006 (2005). SYLLABUS BY THE COURT1. PARENT AND CHILD — Indian Child Welfare Act — Child Custody. […]

564 P.2d 545 STATE OF KANSAS, Appellee, v. JESSE HUTCHINSON, Appellant. No. 48,635Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Out-of-court Identification before Proceeding Initiated — Showup — No Constitutional Right to Counsel. Where out-of-court identification occurs before adversary judicial criminal proceedings are initiated the constitutional […]

734 P.2d 1152 DEBRA STREMSKI, Appellant, v. CLARK V. OWENS, II, J.H. REEVES, BOBBY WILEY, JOHN DOE, believed to be CAPTAIN PHIPPS, THE CITY OF WICHITA, and RICHARD ROE, an unknown person. Appellees. No. 59,715.Supreme Court of Kansas Opinion filed March 27, 1987. SYLLABUS BY THE COURT 1. INFANTS — Child in Need of Care […]

271 P.2d 782 MAUDE S. MINGENBACK; JOHN JOSEPH MINGENBACK and RUTH ZIMMERMAN, Nee MINGENBACK, Appellees, v. EUGENE C. MINGENBACK, Individually and as Trustee for himself, Mary Mingenback, Paul M. Mingenback, Lillian J. Mingenback, being the same person as Sister M. Pauline O.S.U., and Leo A. Mingenback; LILLIAN J. MINGENBACK, being the same person as Sister […]

317 P.2d 448 EVELYN V. SNEDDEN, Widow; JOHN D. SNEDDEN, JR., NANCY JO SNEDDEN, GEORGE F. SNEDDEN, and LARRY D. SNEDDEN, Minor Children of John D. Snedden, Sr., deceased, Claimants, Appellants, v. BERNAL NICHOLS, Respondent, EMPLOYERS MUTUAL CASUALTY COMPANY, a Corporation, Insurance Carrier, Appellees. No. 40,726Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS […]

597 P.2d 1108 STATE OF KANSAS, Appellee, v. RONALD QUICK, Appellant. No. 50,447Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion in Limine — Purpose. The purpose of a motion in limine is to assure all parties a fair and impartial trial by prohibiting inadmissible evidence, […]

689 P.2d 917 REGINA M. CAREY, Appellee, v. WILLIAM M. CAREY, Appellant. No. 56,307Court of Appeals of Kansas Opinion filed October 25, 1984 SYLLABUS BY THE COURT DIVORCE — Property Settlement Agreement — “Family Support and Alimony” — Authority of Trial Court to Modify Order. Where a property settlement agreement incorporated in a divorce decree […]

466 P.2d 272 RUTH B. MORRIS, Appellant, v. GLORIA HOESCH, a Minor, Appellee. No. 45,568Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. AUTOMOBILES — Duty to Keep Proper Lookout. The driver of a motor vehicle has the duty of keeping a proper lookout at all times, the extent of […]

961 P.2d 13 STATE OF KANSAS, Appellee, v. STACEY W. SPEED, Appellant. No. 77,008Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Voluntariness of Confession — Analysis. The determination of whether a confession is voluntary under the Fourteenth Amendment requires a case-by-case evaluation to determine […]

143 P.3d 685 MICHAEL SHANE CHRISTOPHER, Appellant, v. STATE OF KANSAS, ex rel., and KANSAS JUVENILE JUSTICE AUTHORITY, Appellees. No. 95,077.Court of Appeals of Kansas. Opinion filed October 6, 2006. SYLLABUS BY THE COURT1. CITIES AND MUNICIPALITIES — Claim against Municipality — Notice of Claim Statute — Statutory Compliance Is Jurisdictional Prerequisite. Compliance with the […]

918 P.2d 1235 STATE OF KANSAS, Appellant, v. ROGER KENT RENO, Appellee. No. 74,668Supreme Court of Kansas Opinion filed May 31, 1996. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Warrant — Warrant Obtained Based on Observations Made during Unlawful Entry — Admissibility of Evidence. Where law enforcement officers are prompted to seek […]