Category: Kansas Court Opinions

319 P.2d 165 HAROLD M. WELTMER and MARILYN JEAN WELTMER, Appellants, v. LLOYD E. MATHIS and CECILE C. MATHIS, Appellees. No. 40,660Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT LANDLORD AND TENANT — Petition — Demurrer. In an action to recover for alleged wrongs arising out of a relationship in […]

368 P.2d 281 VERNON D. CAYLOR, Appellee, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, and WILLARD E. GENTRY, Appellants. No. 42,469Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT AUTOMOBILES — Injecting Subject of Insurance Inadvertently — Failure to Admonish Jury — Per Diem or Mathematical Formula. In […]

102 P.3d 1 MARTIN v. McKUNE. No. 92,067.Court of Appeals of Kansas December 17, 2004. Appeal from the Leavenworth. Decision without published opinion. Affirmed.

496 P.2d 1308 WILLIAM O. COMSTOCK, Appellant, v. GREAT LAKES DISTRIBUTING COMPANY, a Corporation, Appellee, and R. C. DISTRIBUTORS, INC., a Corporation, VULCAN MANUFACTURING COMPANY, INC., a Corporation. No. 46,297Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT 1. CORPORATIONS — Rights of Creditors Against Assets and Transferees — Exceptions. Generally […]

782 P.2d 1257 CITY OF SALINA, Appellee, v. JAMES RAY ALDRIDGE, Appellant. No. 63,623Court of Appeals of Kansas Opinion filed December 1, 1989 SYLLABUS BY THE COURT APPELLATE PROCEDURE — Appeal Bond — Perfecting Appeal from Conviction in Municipal Court — Ten-day Requirement Not Jurisdictional. A separate “appeal bond” fixed by a municipal judge pursuant […]

90 P.3d 940 IN THE MATTER OF JANE DOE, a/k/a VICTORIA ACOSTA, a/k/a/ DELIA BUTANDA, Appellant, v. KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellee. No. 90,124.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Appellate Review of District Court Review of Administrative Agency Decision. When an administrative agency action […]

648 P.2d 258 ROBERT V. DAILEY and AMY K. DAILEY, Appellees, v. WILLIAM H. WALDEN, JR., Defendant, and ALICE WALDEN and CACE INVESTMENT, INC., Appellants. No. 53,481Court of Appeals of Kansas Opinion filed July 15, 1982 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Construction of Code — Motion for Return of Garnished Funds Liberally […]

608 P.2d 915 MENNO A. FRIESEN and HILDA L. FRIESEN, Appellees, v. THE FEDERAL LAND BANK OF WICHITA, Appellant. No. 50,398Supreme Court of Kansas Opinion filed April 5, 1980. SYLLABUS BY THE COURT 1. REAL PROPERTY — Conveyance of Land — Reservation by Seller of Fractional Undivided Mineral Interest — Part of Tract Resold to […]

238 P.3d 328 TYRON L. HARDAWAY, Appellant, v. LARNED CORRECTIONAL FACILITY, et al., Appellees. No. 103,609.Court of Appeals of Kansas. September 3, 2010. SYLLABUS BY THE COURTPENAL INSTITUTIONS — Discipline of Inmate That Would Take Away constitutionally Protected Interest — Suspension of Disciplinary Sanction — Inmate Suffers No Deprivation of Constitutionally Protected Interest When Discipline […]

39 P.3d 38 STATE OF KANSAS, Appellee, v. FLOYD SCOTT BLEDSOE, Appellant. No. 85,735Supreme Court of Kansas Opinion filed: February 1, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after […]

369 P.2d 330 STATE OF KANSAS, Appellee, v. RANDALL LEWELLEN GRAY, Appellant. No. 42,658Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Discharge of Jury as Affecting Jeopardy. When in a criminal prosecution after a jury panel was selected and sworn and by agreement of parties an […]

339 P.2d 2 BEATRICE McGEE, Appellant, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, J.A. TOBIN CONSTRUCTION Co., a Corporation, and KEITH WITT, Appellees. No. 41,395Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT LIMITATION OF ACTION — Demurrer to Petition — Computation Period — When Action Deemed Commenced. […]

753 P.2d 1280 MARCIA L. THIES, et al., Plaintiffs, v. MICHAEL COOPER, et al., Defendants, and NOREEN MALCHOW, Plaintiff, v. MICHAEL COOPER, et al., Defendants. No. 61,570Supreme Court of Kansas Opinion filed April 29, 1988. SYLLABUS BY THE COURT 1. TORTS — Liability of Employer for Tortious Acts of Employee. An employer is liable for […]

625 P.2d 494 ROBBINS-LEAVENWORTH FLOOR COVERING, INC., Plaintiff-Appellee, v. LEAVENWORTH NATIONAL BANK AND TRUST CO., Defendant-Appellee, and COUNTY OF LEAVENWORTH, KANSAS, Defendant-Appellant. No. 52,233Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Debtor’s Voluntary Surrender of Personal Property to Secured Party — Possession Not Obtained by […]

102 P.3d 392 In the Matter of MICHAEL K. SHEAHON, Respondent. No. 91,877.Supreme Court of Kansas. Opinion filed December 3, 2004. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed December 3, 2004. Published censure. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on […]

410 P.2d 264 STATE OF KANSAS, Appellee, v. BUELL GATES, Appellant. No. 44,373Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Habitual Criminal Act — Sufficiency of Notice. In open court, and prior to the commencement of his trial, defendant and his counsel were notified that in […]

524 P.2d 1127 MARVIN E. JOHNSON, Appellant, v. CAPITOL FEDERAL SAVINGS LOAN ASSOCIATION; THE EXCHANGE BANK OF SCHMIDT KOESTER; and SYLVESTER SCHMIDT; EDNA HICKS, as Executrix of the Will of Viola Mae Johnson, Deceased, Intervener; and WILLIAM L. JOSEPH, Appellees. No. 47,259Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT 1. […]

35 P.3d 277 RICHARD MOORE AND SANDRA MOORE, Appellants, v. GLEN F. LUTHER, Appellee. No. 85,819Court of Appeals of Kansas Opinion filed: November 30, 2001. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Decedent without Capacity to Be Sued — Trial Court without Jurisdiction. A decedent does not have the capacity to be sued. Without […]

369 P.2d 378 HENRY E. RICH, WILMA E. RICH, JOHNSON J. CHAMPLIN, OSBORNE M. ANDERSON, MOLLIE W. ANDERSON, R.E. HONEY, FRANCES W. HONEY, E.H. CULLISON, BIRDIE CULLISON, GLENN G. BLASDEL, LUCINDA BLASDEL, HENRY M. SIEMER, CHRISTINE SIEMER, RAYMOND L. BURDICK, CAROLINE L. BURDICK, DWIGHT A. BEAVERS, and LILY BEAVERS, Appellants, v. CITY OF WICHITA, KANSAS, […]

907 P.2d 132 In the Matter of FRED H. BROWN, Respondent. No. 73,450Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT ATTORNEY AND CLIENT — Disciplinary Proceeding — Request of Imprisoned Attorney for Continuance of Disciplinary Hearing. The refusal of a hearing panel of the Kansas Board for Discipline of Attorneys […]

703 P.2d 756 STATE OF KANSAS, Appellee, v. CLEVELAND REED, JR., Appellant. Nos. 56,748 and 56,749Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Mandatory Consecutive Sentences — Application When Defendant’s Second Crime Committed While Released on Bond in Prior Felony Case. K.S.A. 1984 Supp. […]

436 P.2d 412 SYLVESTER OCHOA, Appellee, v. SWIFT COMPANY and SECURITY MUTUAL CASUALTY COMPANY, Appellants. No. 45,135Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Occupational Disease — Disablement. Disablement, as defined in K.S.A. 44-5a04, by reason of a compensable occupational disease is determined by the capacity […]

679 P.2d 167 MARTHA OLSON, Appellant, v. STATE HIGHWAY COMMISSION OF KANSAS (Secretary of Kansas Department of Transportation), and J.A. TOBIN CONSTRUCTION COMPANY, Appellees. No. 54,370Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Trial Court Considerations — Appellate Review. Summary judgment is proper if no genuine […]

576 P.2d 245 RALPH MOORE, et al., Appellants, v. CHARLES Q. ADKINS, et al., Appellees. No. 49,061Court of Appeals of Kansas Opinion filed March 31, 1978 SYLLABUS BY THE COURT 1. PENSIONS AND RETIREMENT FUNDS — Judicial Review of Benefit Plan Committee Decision — Limitations. When considering a qualified employee benefit plan wherein the plan […]

930 P.2d 1 ERIC PEDEN and SHARON L. SMITH, for themselves and all others similarly situated, Appellees, v. STATE OF KANSAS, KANSAS DEPARTMENT OF REVENUE, NANCY PARRISH, Secretary of Revenue of the State of Kansas, and ALISA DOTSON, Director of Taxation of the State of Kansas, Appellants. No. 75,205Supreme Court of Kansas Opinion filed December […]

981 P.2d 1169 FLOREDA MAE CONNER, Appellant, v. BRIAN K. JANES, RICHARD GROSKO, and UNIFIED BOARD of COUNTY COMMISSIONERS, Appellees. No. 81,481Supreme Court of Kansas Opinion Filed May 28, 1999. SYLLABUS BY THE COURT 1. POLICE AND SHERIFFS — Writ of Execution — Officer Has No Duty to Verify Underlying Validity of Writ Prior to […]

17 P.3d 939 In the Matter of STEVEN A. KRAUSHAAR, Respondent. No. 83,263Supreme Court of Kansas Opinion filed: February 13, 2001. ORDER OF REINSTATEMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement of Licence. On January 28, 2000, this court suspended the respondent, Steven A. Kraushaar, for a period of one year. Before reinstatement, the […]

618 P.2d 849 MAE BELL CRABTREE, Appellee, v. BEECH AIRCRAFT CORPORATION and STATE AUTOMOBILE CASUALTY UNDERWRITERS, Appellants. No. 51,554Court of Appeals of Kansas Opinion filed October 24, 1980 Reversed 229 Kan. 440, 625 P.2d 453 (1981). SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Appellate Review — Scope of Review. General rules relating to appellate […]

640 P.2d 335 ELKHART TELEPHONE CO., INC., Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; RICHARD C. “PETE” LOUX, Chairman and Commissioner; JANE T. ROY, Commissioner; PHILLIP R. DICK, Commissioner; and their respective successors in office, Appellees. No. 53,665Court of Appeals of Kansas Opinion filed February 4, 1982 SYLLABUS BY THE COURT […]

50 P.3d 100 STATE OF KANSAS, Appellee, v. MICHAEL LEON GORDON and JAMES R. SCRIBNER, Appellants. No. 86,624, 86,625Court of Appeals of Kansas Opinion filed: July 19, 2002. Reversed 275 Kan. 393, 66 P.3d 903 (2003). SYLLABUS BY THE COURT 1. JURISDICTION — Appeal — Duty of Appellate Court to Determine Jurisdiction Sua Sponte. If […]

42 P.3d 205 DERWIN STEWART, Appellant, v. STATE OF KANSAS, Appellee. No. 85,870Court of Appeals of Kansas Opinion filed: March 15, 2002. SYLLABUS BY THE COURT HABEAS CORPUS — Judgment — Findings of Fact and Conclusions of Law — Supreme Court Rule Applied. Supreme Court Rule 183(j) (2001 Kan. Ct. R. Annot. 210) is discussed […]

49 P.3d 492 STATE OF KANSAS Appellee, v. LANA J. BEARD, Appellant. No. 87,205Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Appellate Review. The constitutionality of a statute is a question of law over which this court has unlimited review. 2. SAME — Constitutionality — […]

699 P.2d 43 JAMES GERALD CHISM, Appellant, v. THE UNIVERSITY OF KANSAS COLLEGE OF HEALTH SCIENCES AND HOSPITAL and BOARD OF REGENTS OF STATE OF KANSAS, et al., Appellees. No. 57,194Supreme Court of Kansas Opinion filed May 10, 1985. SYLLABUS BY THE COURT SCHOOLS — Academic Dismissal of Student from Medical School — Claims Based […]

729 P.2d 1220 MICHAEL TOM SAWYER, Appellant, v. MARILYN K. CHAPMAN, Sedgwick County Election Commissioner; BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, DON GRAGG, TOM SCOTT, and BUD HENTZEN, members; and JACK H. BRIER, Secretary of State, Appellees. No. 59,556Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT 1. ELECTIONS […]

270 P.2d 281 ROSA M. KLOTZ, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ELLSWORTH, KANSAS, Appellant. No. 39,363Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT WATERS — Flooding of Land — Statute of Limitations — Sufficiency of Petition. The record in an action to require The […]

356 P.2d 837 EMERY A. MILLER, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellee. No. 42,090Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Written Waiver of Counsel — Waiver Executed After Plea and Sentence — Irregularity. In a proceeding in habeas corpus the record […]

322 P.2d 794 WARREN K. IRVIN, Appellant, v. SHIRLEY A. IRVIN, Appellee. No. 40,808Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT 1. RESIDENCE — Residence and Domicil. While for many legal purposes there is a clear distinction between residence and domicil, when jurisdiction of a court is under consideration, residence, […]

378 P.2d 141 MICHAEL J. BRITTAIN, a minor, by and through DONALD J. BRITTAIN and ANNETTE M. BRITTAIN, father and mother, natural guardians, and next friends of said minor, Appellee, v. GEORGE T. CUBBON, Appellant. No. 42,626Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT 1. NEGLIGENCE — Razed Residential Building […]

506 P.2d 1115 RICHARD E. GOODWIN, Appellant, v. KANSAS POWER AND LIGHT COMPANY, a Corporation, and COUNTRY CLUB PLAZA, INC., a Corporation, Appellees. No. 46,839Supreme Court of Kansas Opinion filed March 7, 1973. SYLLABUS BY THE COURT APPEAL AND ERROR — Divided Court — Affirmance. When one justice is disqualified to participate in a decision […]

391 P.2d 70 LESTA M. DUNLAP, Appellant, v. EMMETT LAWLESS, A.M. WEBER and F.W. FRAZIER, County Commissioners of Sumner County, Kansas, Appellees. No. 43,507Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT BRIDGES — Defects — Sufficiency of Petition. In an action to recover damages as a result of injuries sustained […]

998 P.2d 1127 STATE OF KANSAS, Appellee, v. SHAKEER DAVIS, Appellant. No. 80,936Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Certification of Juvenile as Adult — Juvenile’s Constitutional Right to Refuse Court-ordered Psychological Examination for Proceeding to Determine Whether Juvenile to Stand Trial as Adult. […]

946 P.2d 1010 MIGUEL A. DIAZ RODRIGUEZ, Appellant, v. LEARJET, INC., Appellee. No. 76,225Court of Appeals of Kansas Opinion filed October 24, 1997. SYLLABUS BY THE COURT 1. DAMAGES — Liquidated Damages — Reasonableness and Enforceability. A determination concerning the reasonableness and enforceability of a liquidated damages clause is a question of law subject to […]

962 P.2d 1136 FEDERAL FINANCIAL COMPANY, Appellant, v. PAUL D. HAMILTON and DEBORAH HAMILTON, Appellees. No. 78,250Court of Appeals of Kansas Opinion filed August 7, 1998 Petition for review denied 266 Kan. 1108 (1998) SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — 6-year Limitation for Actions under Federal Financial Institutions Reform, Recovery, and Enforcement […]

994 P.2d 641 ROBERT CARPENTER, Claimant/Appellee, v. NATIONAL FILTER SERVICE, Respondent/Appellee, and TRAVELERS INSURANCE COMPANY, Appellant. No. 81,106Court of Appeals of Kansas Opinion filed December 17, 1999. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Appellate Review of Decisions of Workers Compensation Board — Limitations on Appellate Review. Review by the Workers Compensation Board is […]

337 P.2d 693 FRED MINEAR, Surviving Spouse and Next of Kin of Billie Minear, Deceased, Appellant, v. ROBERT E. ENGEL, Appellee. No. 40,913Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT 1. DEATH — Wrongful Death Action — Findings as to Negligence. In a wrongful death action where the evidence supports […]

431 P.2d 676 EDNA MIDDLETON, Appellant, v. NATIONAL COMPRESSED STEEL CORPORATION and EMPLOYERS CASUALTY COMPANY, Appellees. No. 44,921Supreme Court of Kansas Opinion filed September 18, 1967. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Time Dependency Determined. In a workmen’s compensation case the question of dependency is to be determined as of the date of […]

419 P.2d 865 THOMAS E. BAIER, Appellant, v. STATE OF KANSAS, Appellee. No. 44,657Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Prisoner on Parole While Appeal Pending — Custody. A prisoner who institutes a K.S.A. 60-1507 proceeding, and is […]

607 P.2d 61 STATE OF KANSAS, Appellee, v. JAMES E. BAKER, Appellant. No. 50,931Supreme Court of Kansas Opinion filed March 1, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Admission of Pretrial Lineup Identification — Courtroom Identification Allowed — Denial of Request for Polygraph Test — Admission of Multiple Hearsay — Refusal to Sequester […]

769 P.2d 666 STATE OF KANSAS, Appellee, v. CURTIS L. DOILE, Appellant. No. 62,217Supreme Court of Kansas Opinion filed March 3, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence Motion — Determination by Trial Court Based on Substantial Evidence — Appellate Review. If the findings of the trial court on a […]

347 P.2d 428 In the Matter of the Estate of John C. Kelly, Deceased (WALTER R. BURDGE, Executor of the Estate of John C. Kelly, deceased, and SARAH F. KELLY, Appellees, v. MARY SUZANE ALLAN and LAURESTA LYNN BROOMFIELD, Minors, by J.B. GRANT, Guardian Ad Litem, Appellants). No. 41,561Supreme Court of Kansas Opinion filed December […]

781 P.2d 1084 MARY BARTEE, as Mother and Natural Guardian of JENNIFER BARTEE, a Minor; MARK MOHAN, as Father and Natural Guardian of JANINE M. MOHAN, a Minor; and RICHARD L. MORANZ, Plaintiffs-Appellees, v. R.T.C. TRANSPORTATION, INC., KEITH PACHIANO, and CARRIER INSURANCE COMPANY, Defendants-Appellees, v. KANSAS FIRE CASUALTY COMPANY, Intervenor-Appellant. No. 63,061Supreme Court of Kansas […]

678 P.2d 1115 SANDRA J. MEDLING, a/k/a SANDRA J. FULLER, Appellant, v. WECOE CREDIT UNION, a Kansas Corporation, Appellee. No. 55,083Supreme Court of Kansas Opinion filed February 18, 1984. SYLLABUS BY THE COURT 1. UNIFORM CONSUMER CREDIT CODE — Default — Provisions of Consumer Credit Transaction — Enforcement against Consumer Current on Payments. K.S.A. 16a-5-109(2) […]

590 P.2d 1064 STATE OF KANSAS, Appellee, v. RAWLINGS E. RACEY II, Appellant. No. 49,750Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Acquittal Motion — Determination Required by Trial Judge — General Rules. A trial judge in passing upon a motion for judgment of acquittal must […]

476 P.2d 606 VIRGIL HUXOL, Appellee, v. E.L. NICKELL d/b/a NICKELL CONSTRUCTION COMPANY, Appellant, and AL M. ROME d/b/a AL M. ROME DITCHING SERVICE, Appellee. No. 45,821Supreme Court of Kansas Opinion filed November 7, 1970. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings Supported by Evidence — Extent of Review. This court will […]

754 P.2d 1207 DONALD PATTERSON, Appellant, v. STATE OF KANSAS, Appellee. No. 60,451Court of Appeals of Kansas Opinion filed May 27, 1988 SYLLABUS BY THE COURT HABEAS CORPUS — Criminal Conviction of Aggravated Sexual Battery Upheld as Lesser Included Offense of Rape. On appeal from the denial of a motion for relief under K.S.A. 60-1507, […]

588 P.2d 479 JOHN C. CHANCE, Appellee, v. CAROLYN SCROGGINS, Appellant. No. 49,550Court of Appeals of Kansas Opinion filed December 22, 1978 SYLLABUS BY THE COURT AUTOMOBILES — Duty of Care of Worker in Street — Compared to Duty of Care of Pedestrian. Although a workman in the street, whether or not he is engaged […]

552 P.2d 945 WILFRED DOLD, Appellee, v. MIKE SHEROW, Appellant. No. 48,021Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. TRIAL — Pretrial Orders — Effect. Orders entered as a result of a pretrial conference have the full force of other orders of the court and they control the subsequent […]

165 P.3d 1050 STATE OF KANSAS, Appellee, v. NICHOLAS L. MARTINEZ, Appellant. No. 96,613.Court of Appeals of Kansas. August 17, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Departure Sentence — Appellate Review. An appellate court reviews a departure sentence to determine whether the sentencing court’s findings of fact and reasons justifying a […]

280 P.2d 630 CARL BEDENBENDER, Appellant, v. WILLIAM H. WALLS, Appellee. BEULAH BEDENBENDER, Appellant, v. WILLIAM H. WALLS, Appellee. Nos. 39,622, 39,623Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT 1. AUTOMOBILES — Guest Statute — Transportation Without Payment — Gross and Wanton Negligence. Under the guest statute (G.S. 1949, 8-122b) […]

588 P.2d 960 In the Matter of the Estate of James J. Jones. No. 50,279Court of Appeals of Kansas Opinion filed January 12, 1979 SYLLABUS BY THE COURT DESCENT AND DISTRIBUTION — Claim against Intestate Estate — Effect of Creditor’s Petition for Estate Administration. A person having a claim or demand against the estate of […]

245 P.3d 1069 VANUM CONSTRUCTION CO., INC., Appellee, v. MAGNUM BLOCK, L.L.C., Appellant. No. 103,385.Court of Appeals of Kansas. Opinion filed December 10, 2010. SYLLABUS BY THE COURTCONTRACTS — Mediation — Only Plaintiff Required to Mediate before Filing Lawsuit — Defendant under Facts of Case Not Required to Mediate before Filing Counterclaim. Under the facts […]

372 P.2d 1015 MICHIEL MARTIN NEWINGHAM, Appellee, v. THE STATE OF KANSAS, MARVIN L. STORTZ, Sheriff of Cloud County, Kansas, and HARRY STERLING, Deputy Sheriff of Cloud County, Kansas, Appellants. No. 42,719Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Setting Length of Parole Beyond Sentence — Statute […]

647 P.2d 1355 FLORENCE ALBERTA MERRITT, Appellant, v. FARMERS INSURANCE CO., INC., Appellee. No. 53,332Court of Appeals of Kansas Opinion filed July 15, 1982 SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy. As a general rule, the construction and effect of a written contract of insurance is a matter of law to be […]

827 P.2d 1195 THE ELITE PROFESSIONALS, INC., Appellant, v. CARRIER CORPORATION, Appellee. No. 65,538Court of Appeals of Kansas Opinion filed March 6, 1992 SYLLABUS BY THE COURT 1. TORTS — Products Liability — Strict Liability — Disclaimer of Warranty Not a Defense. Disclaimer of warranty is not an available defense to a strict liability in […]

897 P.2d 134 THE LAWRENCE PAPER COMPANY, a corporation, Appellant, v. GEORGE R. GOMEZ, Workers Compensation Director of the State of Kansas, and THE STATE OF KANSAS, Appellees. No. 72,751Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Disability Benefits — Computation — Workers Compensation Act Not […]

225 P.3d 333 SHAMBERG, JOHNSON BERGMAN, CHTD., Plaintiff, v. MICHAEL P. OLIVER, Appellant, and WALLACE, SAUNDERS, AUSTIN, BROWN ENOCHS, CHTD., Appellee. No. 97,584.Supreme Court of Kansas. Opinion filed: October 30, 2009. SYLLABUS BY THE COURT1. ATTORNEY AND CLIENT — Violation of Kansas Rules of Professional Conduct — Violation by Itself Does Not Give Rise to […]

141 P.3d 511 THE ESTATE OF MELVIN NORRIS, By and Through Its Duly Appointed Administrator, LORIE L. NORRIS, Appellant, v. MANDY HASTINGS, Appellee. No. 93,927.Court of Appeals of Kansas. Opinion filed September 1, 2006. SYLLABUS BY THE COURTCIVIL PROCEDURE — Commencement of Action — Service of Process or First Publication — Statutory Procedure When Initial […]

887 P.2d 127 STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, Attorney General, Appellant, v. NANCY PARRISH, Secretary, Kansas Department of Revenue, Appellee, and Topeka Lodge No. 555, Loyal Order of Moose, Intervenor/Appellee. No. 71,105.Supreme Court of Kansas Opinion filed December 22, 1994. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Rules of Constitutional Construction. […]

823 P.2d 823 STATE OF KANSAS, Appellant, v. MARILYN MARSH, Appellee. No. 66,336Court of Appeals of Kansas Opinion filed December 31, 1991. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Warrantless Administrative Search or Inspection — Exception to Constitutional Search Warrant Requirements. Warrantless administrative searches or inspections of pervasively regulated commercial establishments are permitted, […]

980 P.2d 1028 In the Matter of S.M.D. No. 82,147Court of Appeals of Kansas Opinion Filed May 14, 1999. SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Complaints — Precise Time of Offense — Similarity of Statute under Code with Statute under Criminal Code. Because of the similarity between K.S.A. 1998 Supp. 38-1622(a)(4) and […]

105 P.3d 279 PHILLIPPI v. SCOTTSDALE INS. CO. No. 91,610.Court of Appeals of Kansas February 4, 2005. Appeal from the Sedgwick. Decision without published opinion. Reversed and remanded with directions.

229 P.2d 759 PATRICIA ANN KAMINSKI, by and through her father and next friend, JULIUS KAMINSKI, Appellee, v. KANSAS CITY PUBLIC SERVICE COMPANY, a corporation, and W.R. SNODERLY, Appellants. No. 38,215Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT 1. PLEADING — Construction on Demurrer. Where a petition is indefinite in […]

267 P.2d 959 HARRY L. MURPHY and NINA RUTH MURPHY, Appellees, v. LEE S. COLE and LESSIE C. COLE, his wife, Appellants. No. 39,210Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Assignment of Error — As to Motion for New Trial — Review. Errors relating […]

893 P.2d 233 WILLIAM R. DAVIS and FERN STULTZ, Appellees, v. CITY OF LEAWOOD, KANSAS, Appellant. No. 71,925Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. The standards governing summary judgment are stated and applied. 2. STATUTES — Construction. Rules of statutory construction are stated and […]

906 P.2d 661 SHARON K. EGGLESTON, individually and as heir at law of JAMES M. EGGLESTON, and as representative of the ESTATE OF JAMES M. EGGLESTON, deceased, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., FARM BUREAU MUTUAL INSURANCE COMPANY, INC., and JANET SHARP WAUGH and JOHN SHOCKEY d/b/a SAV-ON AUTO SALES, INC., Appellees. No. […]

533 P.2d 1324 EDWIN R. STOCK and GLADYS L. STOCK, Appellants, v. ALBERT H. NORDHUS, Appellee. No. 47,639Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. COUNTERCLAIM — Failure to Plead — Effect. Failure to plead a compulsory counterclaim in response to a claim bars a party from later bringing […]

39 P.3d 85 STATE OF KANSAS, Appellee, v. DANIEL MACIAS, Appellant. No. 85,975Court of Appeals of Kansas Opinion filed: January 18, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Criminal History — Prior Conviction May Include Deferred Adjudication from Another State. A prior Texas deferred adjudication is counted as a prior conviction under […]

861 P.2d 1299 RYAN M. PATTON and KATHY PATTON STRUNK, Plaintiffs, v. HUTCHINSON WIL-RICH MANUFACTURING COMPANY, et al., Defendants. No. 68,665Supreme Court of Kansas Opinion filed October 29, 1993. SYLLABUS BY THE COURT 1. PRODUCT LIABILITY — Continuing Duty to Warn Theory — Manufacturer’s Duty to Retrofit Product — Manufacturer’s Duty to Recall Product — […]

26 P.3d 58 STATE OF KANSAS, Appellee, v. JOHNNIE McKAY, JR., Appellant. No. 83,611Supreme Court of Kansas Opinion filed: July 13, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Dispositional Departure Sentence — Appellate Review. An appellate court’s review of dispositional departure sentences is limited to whether the sentencing court’s findings of […]

408 P.2d 587 DONALD SANDERS, Appellant, v. STATE OF KANSAS, Appellee. No. 44,303Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Record Shows Petitioner Not Entitled to Relief. When a proceeding is brought under the provisions of K.S.A. 60-1507 and […]

843 P.2d 224 STATE OF KANSAS, Appellee, v. WADDELL WARREN, Appellant. No. 67,239Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Robbery. Aggravated robbery is a robbery committed by a person who is armed with a dangerous weapon or who inflicts bodily harm upon any person […]

573 P.2d 976 STATE OF KANSAS, Appellee, v. JAMES JOHNSON, JR., and PHILLIP TAYLOR, Appellants. No. 48,776Supreme Court of Kansas Opinion filed November 5, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Constitutional Right to Remain Silent — Silence Cannot Be Used as Evidence of Guilt. Evidence disclosing that one charged with crime has […]

482 P.2d 48 MARIA T. DIAZ, Appellee, v. DWIGHT C. DUKE, Appellant. No. 45,886Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. NEGLIGENCE — Determining Negligence as a Matter of Law — Favorable Testimony Accepted as True — Jury Question. In determining whether as a matter of law a defendant […]

72 P.3d 551 In the Matter of BOYD W. HOWARD, II, Respondent. No. 84,677.Supreme Court of Kansas. June 13, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Probation Successfully Completed. ORDER On June 2, 2000, this court placed the respondent, Boyd W. Howard, TI, on supervised probation for a 2-year period. See In re Howard, […]

485 P.2d 1276 J.A. TOBIN CONSTRUCTION COMPANY, a Corporation, Appellee, v. JEROME E. HOLTZMAN and THE MARYLAND CASUALTY COMPANY, Appellants. No. 46,024Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. RESTRAINING ORDER — When Bond Required — Judicial Discretion. Under the provisions of K.S.A. 60-903 a bond may, at the […]

544 P.2d 799 CITY OF INDEPENDENCE, KANSAS, Appellee, v. KANSAS COMMISSION ON CIVIL RIGHTS, et al., Appellants. No. 47,738Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. CIVIL RIGHTS — Discriminatory Practices — What Is Subject to Investigative Power — Police Department Not Covered by Act. The Kansas act against […]