Category: Kansas Court Opinions

172 P.3d 78 STATE OF KANSAS, Appellant, v. ANTHONY DEMONDE BORDEAUX, Appellee. No. 98,161.Court of Appeals of Kansas. Opinion filed December 7, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Custodial Interrogation — Miranda Warnings Required. Miranda warnings are required for a custodial interrogation. There are thus two prerequisites to the applicability of Miranda: custody […]

135 P.3d 1207 In the Matter of MARK J. SACHSE, Respondent. No. 95,240.Supreme Court of Kansas. Opinion filed June 9, 2006. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed June 9, 2006. One-year suspension. Janith A. Davis, deputy disciplinary administrator, argued the cause, and Stanton […]

123 P.3d 212 STATE v. DYER. No. 92,564.Court of Appeals of Kansas. December 2, 2005. Appeal from McPherson. Decision without published opinion. Affirmed.

468 P.2d 177 LEHIGH, INC., a Corporation, Appellee, v. NICK S. STEVENS and ARTHUR S. STEVENS, d/b/a Cigarette Service Company, Appellants. LEHIGH, INC., a Corporation, Appellee, v. NICK S. STEVENS, Appellant. No. 45,588Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. ELECTION OF REMEDIES — Effect of Choice of Remedy. […]

337 P.2d 1027 In the Matter of the Adoption of ROBERT ERNEST EDWARD THORNTON, a Minor Child. (VELMA I. THORNTON, Appellant, v. EDNA THORNTON, now EDNA HONSINGER, Appellee. No. 41,287Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT ADOPTION — Setting Aside Decree — Extrinsic Fraud. In an adoption proceeding in […]

642 P.2d 989 STATE OF KANSAS, Appellee, v. HARRY L. TAYLOR, Appellant. No. 53,465Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Statements to Police Prior to Miranda Warnings — Admissibility. The admissibility of statements made by a defendant before Miranda warnings are given depends on […]

58 P.3d 756Court of Appeals of Kansas November 22, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW Sullivan v. City of 85927 Sedgwick 11/22/2002 Affirmed Wichita State v. Neal 86756 Sedgwick 11/22/2002 Affirmed State v. Alford 86851 Sedgwick 11/22/2002 Affirmed Ramirez v. State 86918 Seward 11/22/2002 Affirmed State v. Singleton 86921 Sedgwick 11/22/2002 Affirmed Bolden […]

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 […]

991 P.2d 911 STATE OF KANSAS, Appellee, v. HENRY L. HARTMAN, Appellant. No. 82,397Court of Appeals of Kansas Opinion filed: January 21, 2000. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Exclusionary Rule — No Application Absent Police Misconduct. The exclusionary rule is not applied in the absence of police misconduct. 2. CRIMINAL LAW […]

102 P.3d 503 IN RE MARRIAGE OF HENSLEY. No. 92,228.Court of Appeals of Kansas December 23, 2004. Appeal from Newton. Decision Without Published Opinion. Affirmed.

946 P.2d 1363 WILLIAM B. WEAR, Appellant, v. JAMES C. MIZELL AND ARILLA A. MIZELL, Appellees. No. 77,443Supreme Court of Kansas Opinion filed October 31, 1997. SYLLABUS BY THE COURT 1. INSURANCE — Life Insurance — Beneficiary’s Rights during Insured’s Lifetime. Where a right to change the beneficiary is reserved in a life insurance policy, […]

658 P.2d 1052 STATE OF KANSAS, Appellant, v. LARRY MZHICKTENO and DENNIS DINWIDDIE, Appellees. No. 54,274Court of Appeals of Kansas Opinion filed February 24, 1983 SYLLABUS BY THE COURT CRIMINAL LAW — Police Officers Charged with Off-duty Criminal Conduct — Admissibility of Incriminating Statements Made by Defendants during Interrogation by Police Department Internal Affairs Officers. […]

430 P.2d 222 D.J. FAIR LUMBER CO., Appellant, v. NORMAN J. KARLIN, LUCILLE KARLIN and JOE HISH, Appellees. No. 44,730Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. MECHANICS’ LIEN — Lien Statutes Liberally Construed. The provisions of lien statutes (K.S.A. 60-1101, et seq.), for labor, equipment, material or supplies […]

739 P.2d 933 THE CITY OF SALINA, KANSAS v. STAR B, INC., et al. THE FIRST NATIONAL BANK TRUST COMPANY OF SALINA, SALINA, KANSAS, Appellant, v. FIRST AGENCY OF LEOTI, INC., Appellee. No. 59,442Supreme Court of Kansas Opinion filed July 17, 1987. SYLLABUS BY THE COURT 1. JUDGMENTS — Multiple Claims or Parties — Final […]

553 P.2d 279 STATE OF KANSAS, Appellee, v. CHARLES GOODSEAL, a/k/a CHARLES JONES, Appellant. No. 48,072Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder Rule — Purpose Stated. The effect of the felony murder rule is to relieve the state of the burden of proving […]

224 P.2d 1032 In the Matter of the Estate of SUSAN A. JOHNSON, Deceased. (J.H. JOHNSON, Appellant, v. JOSEPH BLANCHETT and ORVILLE BLANCHETT, Appellees.) No. 38,082Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT 1. HUSBAND AND WIFE — Prenuptial Contract — Construction. Absent any question of homestead, parties contemplating marriage […]

666 P.2d 676 GERALD E. THOMAS, Appellee, v. AMERICAN FAMILY MUTUAL INS. CO., Appellant. No. 53,990Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT INSURANCE — Homeowner’s Policy Construed — Depreciation Not Considered in Determining Insured’s Loss — Admissibility of Certain Cross-Examination Testimony — Jury Instructions — Attorney Fees — New […]

660 P.2d 567 STATE OF KANSAS, Petitioner, v. LOREN H. HOHMAN, SR., Respondent. No. 55,125Supreme Court of Kansas March 26, 1983 ORDER OF PUBLIC CENSURE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. This original proceeding in discipline was filed by Arno Windscheffel, Disciplinary Administrator, against Loren H. Hohman, Sr., an attorney duly admitted […]

518 P.2d 934 STANLEY M. LINDSAY, Administrator of the Estate of John A. Lindsay, deceased, Appellant v. HANKAMER ASPHALT COMPANY, INC., Appellee. No. 47,193Supreme Court of Kansas Opinion filed January 26, 1974. MEMORANDUM OPINION WORKMEN’S COMPENSATION — Factory Act — Workmen’s Compensation Act Exclusive Remedy. Appeal from Leavenworth district court, division No. 1; KENNETH HARMON, […]

476 P.2d 213 THE STATE OF KANSAS, Appellee, v. JOHNNIE LEE BELL, Appellant. No. 45,776Supreme Court of Kansas Opinion filed November 7, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Remarks of Court — When Duty to Set Aside Verdict. On the appeal of a criminal case, it is of no consequence that before […]

169 P.3d 321 IN THE MATTER OF THE APPEAL OF WEISGERBER, JAMES P., FROM AN ORDER OF THE DIVISION OF TAXATION ON ASSESSMENT OF INCOME TAX. No. 96,550.Supreme Court of Kansas. Opinion filed October 26, 2007. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Agency Not Authorized to Decide Constitutionality of Statute — Court Review of […]

795 P.2d 393 STATE OF KANSAS, Appellant, v. DIANA LEA PROBST, Appellee. No. 64,429Supreme Court of Kansas Opinion filed July 13, 1990. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Search Warrant — Scope of Appellate Review. The scope of appellate review when considering rulings on the issuance of search warrants and the rules […]

468 P.2d 269 TOMMY H. THOMPSON, Appellee, v. GENERAL FINANCE COMPANY, INC. and C.B. PILLSBURY, Appellants. No. 45,586Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. FALSE ARREST — Proof of Unlawful Arrest — Defendant Must Order or Assist Arrest. A person seeking to recover for false arrest or false […]

766 P.2d 168 JEWELL WISKER, an heir at law and on behalf of the heirs of CECIL WISKER, deceased, Appellant, v. DILLIS HART, M.D.; MID-AMERICA SURGICAL GROUP, P.A.; and RONALD B. DAVIS, M.D., Appellees. No. 61,090Supreme Court of Kansas Opinion filed December 9, 1988. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Sufficiency of […]

340 P.2d 363 HARRY E. FORCE, Appellant, v. M.E. PUSITZ, Appellee. No. 41,428Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT PLEADING — Motion to Strike — Statute of Limitations — Final Order. In a tort action brought by a patient against a doctor by reason of alleged negligent treatment, as […]

74 P.3d 1009 In the Matter of T.S. No. 89,077.Supreme Court of Kansas. Opinion filed August 22, 2003. SYLLABUS BY THE COURT1. PARENT AND CHILD — Kansas Code for Care of Children — Code Recognizes Child’s Relationship with Family and Best Interest of Child. The Kansas Code for Care of Children (KCCC) expressly places importance […]

403 P.2d 183 FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF COFFEYVILLE, Appellee, v. T. RICHARD LIEBERT as Executor of the Estate of Harrison S. Tanner, also known as H.S. Tanner, Deceased, Appellant. No. 44,092Supreme Court of Kansas Opinion filed June 12, 1965. SYLLABUS BY THE COURT REVIVOR OF JUDGMENT — No Judicial Discretion. The right to […]

89 P.3d 582 STATE OF KANSAS, Appellee, v. CHARLES R. DEFFEBAUGH, JR., Appellant. No. 89,355.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. The interpretation of a statute is a question of law over which this court has unlimited review. 2. SAME — Alibi Defense […]

736 P.2d 935 STANLEY C. JOHNSTON and MARY A. JOHNSTON, Appellants, v. ROBERT L. ELKINS, M.D., and COMMUNITY GROUP HEALTH PLAN, Appellees. No. 60,079Supreme Court of Kansas Opinion filed May 1, 1987. SYLLABUS BY THE COURT NEGLIGENCE — Medical Malpractice — Unsuccessful Vasectomy — Action against Surgeon is Recognized — Damages for Costs of Rearing […]

998 P.2d 88 PRESBYTERIAN MANORS, INC., Appellant, v. DOUGLAS COUNTY, KANSAS, Appellee. No. 81,779Supreme Court of Kansas Opinion filed February 4, 2000. SYLLABUS BY THE COURT 1. TAXATION — Property Tax Exemption — Adult Care Hme — Weight Given to Grant of Federal Tax Exemption as Charitable Institution. Although not controlling, the granting of a […]

991 P.2d 422 In the Matter of JOHN W. COLE, Respondent. No. 83,058Supreme Court of Kansas Opinion Filed November 5, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension with Conditions. Original proceeding in discipline. Opinion filed November 5, 1999. One-year suspension with additional conditions. Frank D. Diehl, deputy disciplinary […]

947 P.2d 1020 STATE OF KANSAS, Appellee, v. DUANE HENRY, Appellant. No. 76,616Supreme Court of Kansas Opinion filed October 31, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Warrants for Arrest or Search — Probable Cause — Determination to Be Made by Magistrate. In determining whether to issue a warrant for arrest or search, […]

363 P.2d 551 GALYN GANO and JEAN GANO, Appellees, v. BROOKS HALL, Appellant. No. 42,172Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. WATERS — Injury from Pollution — Findings and Judgment Supported by Evidence. In an action to recover damages for injury to plaintiffs’ sheep resulting from their drinking […]

35 P.3d 800 STATE OF KANSAS, Appellee, v. BARRY A. CODY, Appellant. Nos. 83,126 83,686Supreme Court of Kansas Opinion filed: December 7, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty Plea — Plea Does Not Constitute Either an Admission or Waiver of Due Process Rights. Under Apprendi v. New Jersey, 530 U.S. 466, […]

281 P.2d 1077 A.A. PERKINS, Plaintiff-Appellant, v. THE CITY OF LAWRENCE, KANSAS, a Municipal Corporation, Defendant-Appellee. No. 39,566Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Liabilities — Governmental Functions. Following the rule announced in Rhodes v. City of Kansas City, 167 Kan. 719, 208 P.2d 275, it […]

751 P.2d 679 THE FEDERAL LAND BANK OF WICHITA, Appellee, v. BETTY L. THOMPSON, Appellant. No. 60,179Court of Appeals of Kansas Opinion filed March 17, 1988 Petition for review denied May 5, 1988. SYLLABUS BY THE COURT 1. MORTGAGES — Mortgage Registration Fee — Exemption for Mortgages Held by Federal Land Bank. Under 12 U.S.C. […]

879 P.2d 37 GRANT T. STRUBLE, A Minor, by THOMAS DORSEY, Appellee, v. LISA A. STRUBLE, Appellant. No. 70,490Court of Appeals of Kansas Opinion filed August 12, 1994 SYLLABUS BY THE COURT PARENT AND CHILD — Child Born to Nonmarital Relationship — Surname of Child — Best Interests of Child — Trial Court Discretion. Where […]

998 P.2d 121 STATE OF KANSAS, Appellee, v. MARLIN D. WILLIAMS, Appellant. No. 81,806Court of Appeals of Kansas Opinion filed: February 18, 2000. Petition for review denied 269 Kan. 940 (2000). SYLLABUS BY THE COURT CRIMINAL LAW — State’s Dismissal of Remaining Counts of Complaint to Appeal Court’s Ruling on One Count — Statutory Procedure […]

52 P.3d 339 STATE OF KANSAS, Appellee, v. BRANDON K. GIBSON, Appellant. Nos. 87,347, 87,348Court of Appeals of Kansas Opinion filed: August 23, 2002. Petition for review denied 274 Kan. 1115 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Crimes Evidence — Admissibility — Appellate Review. Three requirements must be satisfied for the […]

543 P.2d 897 STATE OF KANSAS, Appellee, v. ELMER EMERY, Appellant. No. 47,858Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Rape — Sufficiency of Evidence — Excluding Evidence of Willingness to Take Lie Detector Test — Evidence of Reaction of Witness — Instructions — Rebuttal […]

536 P.2d 1392 STATE OF KANSAS, Appellee, v. HOWARD RUSSELL, Appellant. No. 47,748Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Taking Money by Threat of Force — Payment of Debt — Constitutes Theft. The taking of money from another by the threat of force, even for […]

747 P.2d 137 STATE OF KANSAS, Appellee, v. FORREST L. STUKEY, Appellant. No. 59,917Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony — Admissibility. The admissibility of expert testimony lies within the sound discretion of the trial court and its determination will not be reversed on […]

855 P.2d 911 CITY OF WICHITA, KANSAS, a municipal corporation, Appellant, v. ELIZABETH TILSON, Appellee. No. 68,575Supreme Court of Kansas Opinion filed June 28, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Trespass on Abortion Clinic Property — Justification by Necessity Defense. In a criminal prosecution for trespass upon the property of an abortion […]

575 P.2d 574 In the Matter of The Estate of AUGUST ZIEBELL, Deceased. MARILYN CAMPBELL, Appellee, v. JAMES K. SMITH, Administrator, Appellant. No. 49,358Court of Appeals of Kansas Opinion filed February 24, 1978 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appellate Jurisdiction Statutory. The Court of Appeals has only such jurisdiction as is […]

626 P.2d 1192 EVCO DISTRIBUTING, INC., Appellant, v. JACK BRANDAU, Appellee. No. 51,080Court of Appeals of Kansas Opinion filed April 24, 1981 Petition for review denied September 25, 1981. SYLLABUS BY THE COURT 1. INJUNCTION — Temporary Injunction — Purpose. The purpose of a temporary injunction is not to determine any controverted right, but merely […]

906 P.2d 182 In the Matter of the Estate of MARY ISABEL WINSLOW. No. 74,663Court of Appeals of Kansas Opinion filed November 22, 1995 SYLLABUS BY THE COURT 1. PROBATE CODE — Appeal — Time for Perfecting Appeal — Statutory Time Differences Reconciled. K.S.A. 59-2401 and K.S.A. 60-2103a are construed and applied. 2. SAME — […]

441 P.2d 145 DOROTHY HUGO, Appellant, v. ROBERT MANNING, Appellee. No. 44,988Supreme Court of Kansas Opinion filed May 27, 1968. SYLLABUS BY THE COURT 1. NEGLIGENCE — Meaning of Res Ipsa Loquitur. Whether the doctrine of res ipsa loquitur, which means simply “the thing speaks for itself,” is to be applied depends on the character […]

124 P.3d 1083 CUMMINGS v. STATE. No. 93,248.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

102 P.3d 1195 STATE OF KANSAS, Appellee, v. KEVIN L. PATTON, Appellant. No. 90,906.Court of Appeals of Kansas. Opinion filed December 23, 2004. Petition for review denied 279 Kan. 1009 (2005). SYLLABUS BY THE COURT1. CRIMINAL LAW — Aiding and Abetting Attempted First-degree Murder — Premeditation Element That of the Perpetrator of Attempted Murder, Not […]

579 P.2d 718 STATE OF KANSAS, Appellant, v. RON PALERMO, Appellee. No. 49,333Supreme Court of Kansas Opinion filed June 10, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Jurisdiction over Defendant. Jurisdiction over a defendant for his criminal act exists because the act was committed, intended to be committed, or foreseeably could have been committed […]

401 P.2d 879 WEBB RESOURCES, INC., formerly known as ANSCHUTZ DRILLING COMPANY, INC., Appellee, v. WAYNE E. McCOY, Kansas State Director of Revenue, Appellant. (In the Matter of Webb Resources, Inc., formerly known as Anschutz Drilling Company, Inc., and the Deficiency Income Tax Assessment levied on such company for the fiscal year 1958). No. 44,062Supreme […]

242 P.2d 1075 TOM GRANNELL, Appellee, v. EARL F. WAKEFIELD, Appellant. No. 38,565Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. TRIAL — Findings by Advisory Jury — Function of the Court. In an action of equitable character a court cannot shift its responsibility to an advisory jury and the […]

418 P.2d 137 In the matter of the Accusation and Complaint made against LEONARD W. McANARNEY by the State Board of Law Examiners. No. 44,755Supreme Court of Kansas September 19, 1966. ORDER OF CENSURE On February 15, 1966, the State Board of Law Examiners filed its written report with this court, the substance thereof being […]

825 P.2d 125 In the Matter of J.W.S., a Juvenile Offender, Respondent. No. 65,863Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Juvenile Offender Adjudication — Sufficiency of Evidence — Appellate Review. In a juvenile offender adjudication, when the sufficiency of the evidence is challenged, the […]

545 P.2d 1134 STATE OF KANSAS, Appellee, v. WILLIE R. ADAMS, JR., Appellant. No. 47,359 and 47,815 (CONSOLIDATED)Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT CRIMINAL LAW — Remanding for Further Preliminary Hearing Denied — Rape Constitutes “Bodily Harm — Kidnapping Statutes Not Void — Probation Exclusive Function of Trial […]

124 P.3d 1083 STATE v. JAFFERSON. No. 93,397.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

66 P.3d 831 STATE OF KANSAS, Appellant, v. CLYDE A. WITTSELL, Appellee. No. 87,107.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. CONSTITUTIONAL LAW — Double Jeopardy — Constitutional Protections. The Double Jeopardy Clause of the United States Constitution provides three different types of protection for a person charged with a […]

803 P.2d 1049 FARMERS STATE BANK OF INGALLS, KANSAS, Appellant, v. MICHAEL J. FRIESEN, et al., Appellees. No. 65,170Court of Appeals of Kansas Opinion filed December 28, 1990 Petition for review denied 248 Kan. 995 (1991). SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction is that […]

137 P.3d 1070 STATE OF KANSAS, Appellee, v. PETER CRAIG CHAFFEE, Appellant. No. 94,218.Court of Appeals of Kansas. Opinion filed July 14, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Compound Offense Conviction — Reversal Not Automatic. A conviction of a compound offense is not automatically reversible if there is no conviction on the predicate […]

32 P.3d 1173 IN THE MATTER OF THE CARE AND TREATMENT OF CLAYTON E. SAATHOFF, Respondent/Appellant. No. 85,471Supreme Court of Kansas Opinion filed: October 19, 2001. SYLLABUS BY THE COURT JUDGMENTS — Acquiescence in Judgment Entered on Stipulation or Consent — No Appeal Permitted. A party is bound by a judgment entered on stipulation or […]

26 P.3d 613 STATE OF KANSAS, Appellee, v. CURTIS LEE COLEMAN, JR., Appellant. No. 83,923Supreme Court of Kansas Opinion filed: July 13, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Certification of Juvenile as Adult. The district court, upon the State’s motion, may authorize prosecution as an adult for a juvenile who was 14, […]

712 P.2d 1266 THE McCALL PATTERN COMPANY, Appellee, v. STATE OF KANSAS EMPLOYMENT SECURITY BOARD OF REVIEW, et al., Appellant. No. 58,156Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. EMPLOYMENT SECURITY LAW — Unemployment Compensation Benefits — Appellate Review. Where a claimant seeks judicial review for unemployment compensation benefits, […]

637 P.2d 491 FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant, v. KAREN M. EVANS, DAVID EVANS, MIKE EHINGER, DANNY IRELAND, KATHY ROSE, Appellees, and FARMERS INSURANCE COMPANY, INC., Appellant. No. 52,948Court of Appeals of Kansas Opinion filed December 10, 1981 Petition for review denied March 11, 1982. SYLLABUS BY THE COURT 1. INSURANCE — Automobile […]

69 P.3d 201 MARK D. BRULL, Appellant, v. STATE OF KANSAS, Appellee. No. 89,812.Court of Appeals of Kansas. Opinion filed May 9, 2003. SYLLABUS BY THE COURT1. HABEAS CORPUS — Statute of Limitations — Petitioner’s Petition to Prison Authorities — Record under Facts Does Not Support Dismissal of Petition as Untimely. As the record in […]

181 P.3d 549 GENESIS HEALTH CLUB, INC., GENESIS HEALTH CLUBS MANAGEMENT, LLC, and STEVEN ENTERPRISES, LLC, all d/b/a GENESIS HEALTH CLUBS, Appellants, v. CITY OF WICHITA, Appellee. No. 97, 486.Supreme Court of Kansas. Opinion filed March 28, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Appellate Review. When the facts are undisputed, appellate […]

422 P.2d 888 THE STATE OF KANSAS, Appellee, v. WILLIE JONES, Appellant. No. 44,406Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Hearing Foundation Proof Out of Jury’s Presence. The provisions of K.S.A. 60-408 are construed and applied to the admission in evidence of a […]

941 P.2d 404 STATE OF KANSAS, Appellee, v. EZRA HILLS, Appellant. No. 74,124Court of Appeals of Kansas Opinion filed June 20, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion for New Trial and for Acquittal — Dismissal of Motions in Consideration of State’s Agreement Not to Oppose Probation — Not Acquiscence in Judgment. […]