88 P.3d 789 STATE OF KANSAS, Appellee, v. REGINALD MEEKS, Appellant. No. 89,204.Supreme Court of Kansas. Opinion filed April 23, 2004. SYLLABUS BY THE COURT1. CONSTITUTIONAL LAW — Sixth Amendment Right of Criminal Defendant to Confront Accusers — Right Does Not Preclude Admission of Out-of-court Statements. The Sixth Amendment to the United States Constitution provides […]
Category: Kansas Court Opinions
IN RE ESTATE OF REYNOLDS, 176 Kan. 254 (1954)
270 P.2d 229 ELMER C. JACKSON, JR., MYLES C. STEVENS and WILLIAM H. TOWERS, Appellants, v. The Estate of T.H. Reynolds, deceased, and JOSEPHINE C. REYNOLDS WASHINGTON, Appellees. No. 39,261Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT 1. COSTS AND FEES — Equitable Apportionment — Judicial Discretion. In a case […]
STATE v. BROWN, 93,316 (Kan.App. 12-30-2005)
125 P.3d 590 STATE v. BROWN. No. 93,316.Court of Appeals of Kansas. December 30, 2005. Appeal from Douglas. Decision without published opinion. Affirmed.
MADISON v. GOODYEAR TIRE RUBBER CO., 8 Kan. App. 2d 575 (1983)
663 P.2d 663 DONALD V. MADISON, Claimant, v. GOODYEAR TIRE AND RUBBER COMPANY, Respondent, and TRAVELERS INSURANCE COMPANY, Insurance Carrier. No. 54,638Court of Appeals of Kansas Opinion filed May 12, 1983 SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Contingency Fee Contract — Compensation Based on Quantum Meruit. An attorney who is discharged before […]
STATE v. CARR, 206 Kan. 341 (1971)
479 P.2d 816 STATE OF KANSAS, Appellee v. OTIS K. CARR, Appellant. No. 45,740Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Forcible Rape — Opinion by Physician — Conduct of Judge — Censorship of Mail. The record of trial in which appellant was convicted by a jury […]
KELLY v. STATE, 32 Kan. App. 2d xxvii (2004)
Kelly v. State. No. 89,550.Court of Appeals of Kansas. March 26, 2004. Appeal from the Butler. Unpublished Opinions Affirmed.
STATE v. LUMLEY, 25 Kan. App. 2d 366 (1998)
963 P.2d 1238 STATE OF KANSAS, Appellee, v. ROY A. LUMLEY, Appellant. No. 78,447Court of Appeals of Kansas Opinion filed August 7, 1998 Aff’d 267 Kan. 4, 977 P.2d 914 (1998) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Revocation of Probation — Revocation Based on Misrepresentations Made to Court by Defendant. When […]
STATE v. CLEMENCE, 283 Kan. 932 (2007)
State v. Clemence. No. 92,114.Supreme Court of Kansas. February 14, 2007. Appeal from the 36 Kan. App. 2d 791. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. CUNNINGHAM, 36 Kan. App. 2d xx (2006)
State v. Cunningham. No. 94,632.Court of Appeals of Kansas. June 30, 2006. Appeal from the Reno. Unpublished Opinions Appeal dismissed.
HUBER v. SCHMIDT, 180 Kan. 80 (1956)
299 P.2d 33 LaVERN J. HUBER, individually and on behalf of all other owners of land adjoining or abutting Sand Creek in Harvey County, Kansas, South of the Northeast 1/4 of Section 36, Township 23 South, Range 1 West, Appellant, v. ARTHUR H. SCHMIDT, EDNA MAY SCHMIDT, ORVILLE SCHMIDT, ROBERT SCHMIDT, MARY M. WHITEHEAD, ENNIS […]
MARR v. GEIGER READY-MIX CO., 209 Kan. 40 (1972)
495 P.2d 1399 EVA MARIE MARR, Appellee, v. GEIGER READY-MIX COMPANY, Appellant. No. 46,224Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. PARTIES — Amended Pleadings — Sufficiency of Service — Motion to Change Name of Defendant — After Statute has Run — Relation Back of Amendment — Permitting Change […]
STATE, EX REL., v. URBAN RENEWAL AGENCY OF KANSAS CITY, 179 Kan. 435 (1956)
296 P.2d 656 THE STATE OF KANSAS, on the Relation of HAROLD R. FATZER, Attorney General (JOHN ANDERSON, JR., substituted), and DONALD E. MARTIN, County Attorney of Wyandotte County, Plaintiff, v. URBAN RENEWAL AGENCY OF KANSAS CITY, KANSAS, and THE CITY OF KANSAS CITY, KANSAS, Defendants. No. 40,184Supreme Court of Kansas Opinion filed April 28, […]
COPPER v. STATE, 36 Kan. App. 2d xiii (2006)
Copper v. State. No. 95,553.Court of Appeals of Kansas. November 22, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
MENDENHALL v. ROBERTS, 17 Kan. App. 2d 34 (1992)
831 P.2d 568 DALE MENDENHALL, Appellee, v. GARY ROBERTS, Appellant. No. 65,841Court of Appeals of Kansas Opinion filed May 1, 1992 Petition for review denied 251 Kan. 939 (1992). SYLLABUS BY THE COURT 1. REAL PROPERTY — Farm Lease — Notice to Terminate Oral Lease — Termination of Lease as to Fall Seeded Grain Crops. […]
OUTLAND v. STATE, 219 Kan. 547 (1976)
548 P.2d 725 VELMA C. OUTLAND, Appellant, v. THE STATE OF KANSAS, Appellee. No. 48,107Supreme Court of Kansas Opinion filed April 10, 1976. MEMORANDUM OPINION CRIMINAL LAW — Motion for Post-conviction Relief — Competency to Plead Guilty — Evidentiary Hearing Ordered. Appeal from Shawnee district court, division No. 5; KAY McFARLAND, judge. Opinion filed April […]
STATE v. VOYLES, 34 Kan. App. 2d 110 (2005)
116 P.3d 720 STATE OF KANSAS, Appellee, v. MARSHALL M. VOYLES, II, Appellant. No. 92,030.Court of Appeals of Kansas. Opinion filed July 15, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Multiple Acts Case — Jury Unanimity Required as to Which Act Constitutes Crime. A criminal defendant in Kansas has a fundamental right to jury […]
CLEAR WATER TRUCK CO., INC. v. M. BRUENGER CO., INC., 214 Kan. 139 (1974)
519 P.2d 682 CLEAR WATER TRUCK COMPANY, INC., and CLAUDE HARPSTER, Appellants, v. M. BRUENGER COMPANY, INC., and MAURICE BRUENGER, Appellees. No. 47,145Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. PLEADINGS — Motion for Judgment on the Pleadings. A motion for judgment on the pleadings pursuant to K.S.A. 1973 […]
FIELDS v. BLUE STEM FEED YARDS, 195 Kan. 167 (1965)
403 P.2d 796 DALE FIELDS and MRS. DALE FIELDS (Helen A. Fields), Appellees, v. BLUE STEM FEED YARDS, INC., a corporation, Appellant, and ANDERSON CATTLE COMPANY, INC., a corporation, CATTLEMEN’S FEED LOTS, INC., a corporation, Defendants. No. 43,411Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — […]
DECATUR COUNTY FEED YARD, INC. v. FAHEY, 266 Kan. 999 (1999)
974 P.2d 569 DECATUR COUNTY FEED YARD, INC., Appellee/Cross-Appellant, v. DANIEL K. FAHEY, Appellant/Cross-Appellee. No. 80,452Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. CONTRACTS — Unambiguous Written Instrument — Construction. As a general rule, if the language of a written instrument is clear and can be carried out as […]
BETHLEHEM STEEL CORP. v. NATL. CO-OP REF. ASS’N, 19 Kan. App. 2d 330 (1994)
871 P.2d 1282 BETHLEHEM STEEL CORPORATION, Appellant, v. NATIONAL CO-OPERATIVE REFINERY ASSOCIATION, RENT-IT Co., INC.; and CARGILL STEEL WIRE, Appellees. No. 70,252Court of Appeals of Kansas Opinion filed February 18, 1994 Petition for review denied 254 Kan. 1006 (1994). SYLLABUS BY THE COURT 1. MECHANICS’ LIENS — Supplier’s Lien Statement — Statutory Time Requirement for […]
MILLER v. ALEXANDER, 13 Kan. App. 2d 543 (1989)
775 P.2d 198 ERMIL R. MILLER, Appellant, v. MARY E. ALEXANDER, et al., Appellees. No. 62,887Court of Appeals of Kansas Opinion filed June 2, 1989 Petition for review denied September 29, 1989. SYLLABUS BY THE COURT 1. REAL PROPERTY — Buyer’s Constructive Notice of Contents of Instrument Filed with Register of Deeds — Question of […]
COHEN v. DRESIE, 174 Kan. 391 (1953)
256 P.2d 845 DOROTHY V. COHEN and FRANK L. COHEN, Appellants, v. GREY DRESIE, JOHN MADDEN, JR., doing business as Madden Madden, and CLARENCE R. SOWERS, Appellees. No. 38,686Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT JUDGMENTS — Motion to Vacate Final Orders — Acquiescence — Estoppel. The record in […]
QUIVIRA FALLS COMMUNITY ASS’N v. JOHNSON COUNTY, 230 Kan. 350 (1981)
634 P.2d 1115 QUIVIRA FALLS COMMUNITY ASSOCIATION, Appellant, v. JOHNSON COUNTY, KANSAS: CLAY L. WIRT, JOHN J. FRANKE, and ROBERT C. BACON, as Board of County Commissioners of Johnson County, Kansas, and as Board of Equalization of Johnson County, Kansas; and DONALD CURRY, Johnson County Clerk; EDNA C. CRAIG, Johnson County Treasurer; and PRATHER H. […]
STATE v. MENDEZ, 275 Kan. 412 (2003)
66 P.3d 811 STATE OF KANSAS, Appellee, v. SAMUEL MENDEZ, Appellant. No. 86,751.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURTCRIMINAL LAW — Suppression of Evidence — Legality of Law Enforcement Officers’ Transporting Minor to His Residence — Search of Residence Unconstitutional under Facts. In this appeal of the denial of […]
OLATHE HOSPITAL FOUNDATION, INC. v. EXTENDICARE, INC., 217 Kan. 546 (1975)
539 P.2d 1 THE OLATHE HOSPITAL FOUNDATION, INC., a/k/a THE OLATHE COMMUNITY HOSPITAL, and SHAWNEE MISSION MEDICAL CENTER, INC., Appellants, v. EXTENDICARE, INC., THE KANSAS STATE BOARD OF HEALTH, STATE OF KANSAS COORDINATING COUNCIL FOR HEALTH PLANNING, Appellees. No. 47,546Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES […]
THOMPSON v. HILLTOP, 34 Kan. App. 2d 908 (2005)
126 P.3d 441 V. RAY THOMPSON and THERESA M. THOMPSON, Appellants, v. HILLTOP LODGE, INCORPORATED, and ALL OTHER PERSONS WH O ARE OR MAY BE CONCERNED, Appellees. No. 94,006.Court of Appeals of Kansas. Opinion filed January 20, 2006. SYLLABUS BY THE COURT1. REAL PROPERTY — Adverse Possession — Acquisition of Title to Property. Whether title […]
STATE v. HILL, 92,691 (Kan.App. 10-28-2005)
121 P.3d 1003 STATE v. HILL. No. 92,691.Court of Appeals of Kansas. October 28, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
IN RE ESTATE OF MATTHEWS, 208 Kan. 492 (1972)
493 P.2d 555 In the Matter of the Estate of Charles K. Matthews, Deceased, (MARVIS KOS, Appellant, v. PATRONS STATE BANK TRUST CO., Executor of the Estate of CHARLES K. MATTHEWS, Deceased, and MAURICE HUBBARD, Guardian Ad Litem, Appellees.) No. 46,162Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. BANK […]
BIG FOUR IMPLEMENT CO. v. KEYSER, 99 Kan. 8 (1916)
161 P. 592 THE BIG FOUR IMPLEMENT COMPANY and THE TOWNLEY METAL HARDWARE COMPANY et al., Intervenors, Appellees, v. MAGGIE KEYSER et al. and G. A. SIEMERS et al., Intervenors, Appellants. No. 19,958Supreme Court of Kansas Opinion filed: November 11, 1916. SYLLABUS BY THE COURT1. PARTNERSHIP — Death of Partner — Dissolution of Partnership — […]
STATE v. FERRIS, 291 Kan. XVII (2010)
State v. Ferris. No. 103,640.Supreme Court of Kansas. January 18, 2011. Appeal from the Unpublished. Petitions For Review Of Decisions Of The Court Of Appeals Denied.
HENDERSON v. KANSAS POWER LIGHT CO., 191 Kan. 276 (1963)
380 P.2d 443 WALTER HENDERSON, Appellant, v. KANSAS POWER LIGHT COMPANY, a Corporation, Appellee. No. 43,177Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence Defined. Contributory negligence is conduct on the part of a plaintiff which falls below the standard to which he should conform for […]
STATE v. MILLER, 284 Kan. 682 (2007)
163 P.3d 267 STATE OF KANSAS, Appellee, v. MARTIN K. MILLER, Appellant. No. 95,815.Supreme Court of Kansas. Opinion filed July 27, 2007. SYLLABUS BY THE COURT1. EVIDENCE — Admissibility — Relevant Evidence. Generally, all relevant evidence is admissible. Relevant evidence is evidence having any tendency in reason to prove any material fact. Once relevance is […]
IN RE ESTATE OF ECKEL, 191 Kan. 159 (1963)
380 P.2d 360 In re Estate of W.M. Eckel, Deceased. (ALICE C. HADWIGER, Appellant, v. JAMES L. TAYLOR, JOHN F. ECKEL, RUTH A. ECKLE and JULIA DOROTHY TAYLOR, as an Individual, and JULIA DOROTHY TAYLOR, as Executrix of the Estate of W.M. Eckel, Deceased, Appellees.) No. 42,693Supreme Court of Kansas Opinion filed April 6, 1963. […]
STATE v. FELIX, 32 Kan. App. 2d xxxv (2004)
State v. Felix. No. 89,713.Court of Appeals of Kansas. February 13, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
IN RE McWILLIAMS, 244 Kan. 1 (1988)
764 P.2d 1256 In The Matter of J. STEWART McWILLIAMS, Respondent. Bar Docket No. 07077Supreme Court of Kansas December 9, 1988 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On November 9, 1988, a complaint was filed with the Disciplinary Administrator against J. Stewart McWilliams of Overland Park, Kansas, an attorney admitted […]
KLEPIKOW v. WILSON, 189 Kan. 66 (1961)
366 P.2d 800 MONIKA KLEPIKOW, a Minor, by and Through Her Father, Natural Guardian and Next Friend, WASILY KLEPIKOW, Appellant, v. DONALD G. WILSON, a Minor, by and Through His Father, Natural Guardian and Next Friend, ROBERT L. WILSON, Appellee. No. 42,404Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT 1. […]
STATE v. WALDRUP, 35 Kan. App. 2d xx (2006)
State v. Waldrup. No. 94,193.Court of Appeals of Kansas. March 3, 2006. Appeal from the Atchison. Unpublished Opinions Affirmed. Page xxi
FANGROW v. FANGROW, 185 Kan. 227 (1959)
341 P.2d 998 FRANCES E. FANGROW, Appellant, v. FREDRICK FRANKLIN FANGROW, Appellee. No. 41,357Supreme Court of Kansas Opinion filed July 10, 1959. SYLLABUS BY THE COURT DIVORCE — Unpaid Installments for Child Support — Execution and Sale Quashed. The record in a proceeding to enforce collection of due and unpaid installments decreed in a divorce […]
STATE v. SMITH, 26 Kan. App. 2d 272 (1999)
981 P.2d 1182 STATE OF KANSAS, Appellee, v. PETER J. SMITH, Appellant. STATE OF KANSAS, Appellee, v. JEREMY D. MOHS, Appellant. Nos. 81,082, 81,222Court of Appeals of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Jurisdiction of Sentencing Court to Modify Sentence. When a lawful sentence has […]
DAVIS-WELLCOME MORTGAGE CO. v. LONG-BELL LUMBER CO., 184 Kan. 209 (1959)
336 P.2d 469 THE DAVIS-WELLCOME MORTGAGE COMPANY, A Corporation, Appellant, v. THE LONG-BELL LUMBER COMPANY, now International Paper Company, Appellee. No. 41,018Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Court — Extent of Review. The trial court’s finding as to the date when […]
IN RE JOHNSON, 250 Kan. 286 (1992)
822 P.2d 72 In the Matter of LEO N. JOHNSON, Respondent. No. 67,158Supreme Court of Kansas Opinion filed January 17, 1992. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed January 17, 1992. Public censure. Paula B. Martin, deputy disciplinary administrator, argued the cause, and […]
MORRIS v. CITY OF KANSAS CITY, 189 Kan. 52 (1961)
366 P.2d 788 T. HAROLD MORRIS, Appellee, v. THE CITY OF KANSAS CITY, KANSAS, Appellant. No. 42,402Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Nuisance Not Created by City — Maintaining Nuisance After Notice — Liability. In an action based upon the theory of nuisance it appears […]
IN RE ESTATE OF WHEAT, 24 Kan. App. 2d 934 (1998)
955 P.2d 1339 In the Matter of the Estate of JOHN EDWARD WHEAT. No. 76,968Court of Appeals of Kansas Opinion filed March 13, 1998 SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. It is the function of a court to interpret a statute to give it the effect intended by the legislature. […]
JENKINS v. CITY OF BONNER SPRINGS, 1 Kan. App. 2d 727 (1977)
573 P.2d 1110 ROBERT E. JENKINS, Appellee, v. CITY OF BONNER SPRINGS, KANSAS, a Municipal Corporation, Appellant. No. 48,995Court of Appeals of Kansas Opinion filed December 16, 1977 Petition for review denied February 1, 1978. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Mob Action — Liability of City for Negligence in Preventing or […]
GARRISON v. BERRYMAN, 225 Kan. 644 (1979)
594 P.2d 159 CARL H. GARRISON and EDITH L. GARRISON, Appellees, v. CHANDLER PRICE BERRYMAN and DOROTHY BERRYMAN, Appellants. No. 49,503Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT REAL PROPERTY — Rescission Based on Mutual Mistake. In an action for rescission of a real estate transaction on the ground of […]
JOHNSON v. WESTHOFF SAND CO., 281 Kan. 930 (2006)
135 P.3d 1127 J. MICHELLE JOHNSON and ALAN L. JOHNSON, Plaintiffs/Garnishors/Appellees/Cross-Appellants, v. WESTHOFF SAND COMPANY, INC., Defendant, v. MID-CONTINENT CASUALTY COMPANY, Garnishee/Appellant/Cross-Appellee. No. 92,700.Supreme Court of Kansas. Opinion filed June 9, 2006. SYLLABUS BY THE COURT1. ATTORNEY FEES — Awarding of Fees — Statutory Authority or Agreement of Parties. In Kansas, attorney fees cannot be […]
CONNELL v. SACO OIL CO., 170 Kan. 91 (1950)
223 P.2d 1020 O.J. CONNELL, JR., as Administrator of the Estate of O.J. Connell, Deceased, Appellee, v. THE SACO OIL COMPANY, INC., a Kansas Corporation; and M.M. BUIST, F.J. BUIST and E.J. BRIBACH, as individuals and as officers and purported officers of the Saco Oil Company, Inc., a Kansas Corporation, (M.M. BUIST and F.J. BUIST), […]
NAIL v. DOCTOR’S BLDG., INC., 238 Kan. 65 (1985)
708 P.2d 186 GLENNA F. NAIL, Appellant, v. DOCTOR’S BUILDING, INC., et al., Appellees. No. 56,642Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. TRIAL — Jury Instruction — Failure to Object at Trial. When no objection is made to an instruction at trial, appellate review of claimed error therein […]
IN RE ESTATE OF EYMAN, 181 Kan. 90 (1957)
309 P.2d 664 In the Matter of the Estate of Margaret Olive Eyman, Deceased. (JOSEPH H. EYMAN, MAURINE MARGARET MEIER, MAYNARD MORRIS, and KATHERYN S. TARWATER, Guardian Ad Litem for HAZEL CRANER, an Incompetent Person, Appellants, v. MAMIE E. HOWARD, Appellee.) No. 40,414Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT […]
STATE v. JONES, 9 Kan. App. 2d 106 (1983)
673 P.2d 455 STATE OF KANSAS, Appellee, v. ROBERT D. JONES, Appellant. No. 55,411Court of Appeals of Kansas Opinion filed December 22, 1983 SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Escape from Custody — Jurisdiction of Kansas Court When Defendant Left Missouri Hospital and Failed to Return to Kansas for Trial. In a prosecution […]
WALDER v. BOARD OF JACKSON COUNTY COMM’RS, 44 Kan. App. 2d 284 (2010)
CARL WALDER, EXECUTOR OF THE RICHARD T. WALDER ESTATE, on his behalf and THE HEIRS OF RICHARD T. WALDER, Appellant, v. THE BOARD OF COMMISSIONERS OF JACKSON COUNTY, KANSAS, Appellee. Nos. 101,854.Court of Appeals of Kansas. Opinion filed: July 23, 2010. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Discovery — Trial Court Discretion — Appellate […]
DOUBLE M CONSTR. v. KANSAS CORPORATION COMM’N, 288 Kan. 268 (2009)
202 P.3d 7 DOUBLE M CONSTRUCTION, INC., Appellant, v. STATE CORPORATION COMMISSION, Appellee. No. 100,312.Supreme Court of Kansas. Opinion filed February 6, 2009. SYLLABUS BY THE COURT1. JUDGMENTS — Stipulated Facts — Court’s Judgment Based on Stipulated Facts. When parties submit stipulated facts to a tribunal and the tribunal does not allow the parties to […]
STATE v. SIMKINS, 269 Kan. 84 (2000)
3 P.3d 1274 STATE OF KANSAS, Appellee, v. REED J. SIMKINS, Appellant. No. 81,959.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instruction — When Required. A trial court is required to instruct the jury not only as to the crime […]
STATE v. MARKS, 275 Kan. 967 (2002)
STATE v. MARKS. No. 88,100.Supreme Court of Kansas December 18, 2002. Reported below Unpublished. Petition for review denied.
STATE, EX REL., v. HAYDEN, 197 Kan. 199 (1966)
416 P.2d 61 STATE OF KANSAS ex rel. ROBERT C. LONDERHOLM, Attorney General, Plaintiff, v. IRVEN HAYDEN, JR., F.E. CRAIG, and ED UNGER, County Commissioners of Rawlins County, Kansas, Defendants. No. 44,684Supreme Court of Kansas Opinion filed June 25, 1966. SYLLABUS BY THE COURT 1. SCHOOLS — “Common Schools” — Defined. The term “common schools” […]
MARSHALL v. MARSHALL, 168 Kan. 169 (1949)
211 P.2d 428 CHARLES EDWIN MARSHALL, Appellee, v. J.M. MARSHALL, Appellant. No. 37,757Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT DIVORCE — Bill of Particulars — Failure to Comply with Order — Effect. In an action for divorce and child custody, the petition among other allegations alleged the defendant “has […]
STATE v. FIELD, 252 Kan. 657 (1993)
847 P.2d 1280 STATE OF KANSAS, Appellant, v. TODD A. FIELD, Appellee. No. 68,005Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Vehicle Stop — Reasonable Suspicion for Law Enforcement Officer’s Stop of Vehicle. To justify the stop of a vehicle pursuant to K.S.A. 1992 Supp. 22-2402, […]
STATE v. BROOKS, 276 Kan. 970 (2003)
STATE v. BROOKS. No. 88,373.Supreme Court of Kansas. July 9, 2003. Reported below Unpublished. Petition for review denied.
DAVIS v. STATE, 198 Kan. 271 (1967)
424 P.2d 471 DONALD EUGENE DAVIS, Appellant, v. STATE OF KANSAS, Appellee. No. 44,450Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — When Remedy May Not Be Invoked. A prisoner is not entitled to challenge the validity of a sentence by motion filed […]
SSI, INC. v. GUY, 91,671 (Kan.App. 11-24-2004)
100 P.3d 975 SSI, INC. v. GUY. No. 91,671.Court of Appeals of Kansas November 24, 2004. Appeal from the Sedgwick. Decision without published opinion. Affirmed.
CROSS v. WICHITA COMPRESSED STEEL CO., 187 Kan. 344 (1960)
356 P.2d 804 MARVIN C. CROSS (Claimant), Appellee, v. WICHITA COMPRESSED STEEL COMPANY, Inc. (Respondent), and BITUMINOUS CASUALTY CORPORATION (Insurance Carrier), Appellants. No. 42,078Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Review of Judgment — Rules Stated. Established rules relating to appellate consideration and review of […]
MOORE v. SHANAHAN, 207 Kan. 645 (1971)
486 P.2d 506 EARL C. MOORE, Appellant, v. ELWILL M. SHANAHAN, Secretary of State, Appellee. No. 46,358Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT CONSTITUTIONAL LAW — Capacity to Maintain Action — Submitting Three Propositions to Amend Constitution — Validity. The record in an action by the plaintiff, a taxpayer […]
MATHEY v. MATHEY, 175 Kan. 733 (1954)
267 P.2d 516 EMMA MATHEY, Appellant, v. CHARLES H. MATHEY, Appellee. No. 39,126Supreme Court of Kansas Opinion denying a rehearing filed March 6, 1954. SUPPLEMENTAL OPINION — MOTION FOR REHEARING DENIED DIVORCE — Former Opinion Adhered To. Appeal from Geary district court; JAMES P. COLEMAN, judge. Opinion denying a rehearing filed March 6, 1954. Former […]
IN RE TAX EXEMPTION, 289 Kan. 1209 (2009)
221 P.3d 580 IN THE MATTER OF THE APPEAL OF THE MENTAL HEALTH ASSOCIATION OF THE HEARTLAND FOR EXEMPTION FROM AD VALOREM TAXATION IN LEAVENWORTH COUNTY, KANSAS. No. 98,956.Supreme Court of Kansas. Opinion filed December 11, 2009. SYLLABUS BY THE COURT1. STATUTES — Specific Statute Controls over General Statute. When two statutes are in conflict, […]
SENOGLES v. SECURITY BENEFIT LIFE INS. CO., 217 Kan. 438 (1975)
536 P.2d 1358 GALEN D. SENOGLES, Appellant, v. SECURITY BENEFIT LIFE INSURANCE COMPANY, Appellee. No. 47,699Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT 1. PRIVACY — Right of Privacy — Unwarranted Invasions. Only unwarranted invasions of the right of privacy are actionable. 2. SAME — What Constitutes Invasion of Right. […]
STATE v. JUDD, 276 Kan. 972 (2003)
STATE v. JUDD. No. 88,223.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
STATE v. DAVIS, 283 Kan. 767 (2007)
STATE OF KANSAS, Appellee, v. PETER J. DAVIS, Appellant. No. 95,339.Supreme Court of Kansas. Opinion filed April 27, 2007. SYLLABUS BY THE COURTCRIMINAL LAW — Motion to Correct Illegal Sentence — Filing of Motion Does Not Provide Defendant with Means for Collateral Attack of Conviction. A motion to conect an illegal sentence filed pursuant to […]
RHYNERSON v. HARDY, 36 Kan. App. 2d xvii (2006)
Rhynerson v. Hardy. No. 95,282.Court of Appeals of Kansas. July 14, 2006. Appeal from the Miami. Unpublished Opinions Reversed; remanded.
STATE v. FREEMAN, 32 Kan. App. 2d 1027 (2004)
93 P.3d 1223 STATE OF KANSAS, Appellee, v. FRANK EDWARD FREEMAN, JR., Appellant. No. 90,197.Court of Appeals of Kansas Opinion filed July 23, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Legislative Intent — Appellate Review. Interpretation of a statute is a question of law, and an appellate court’s review is unlimited. An appellate […]
VITALE v. LAWRENCE BATTERY CO., 93,141 (Kan.App. 7-29-2005)
116 P.3d 55 VITALE v. LAWRENCE BATTERY CO. No. 93,141.Court of Appeals of Kansas. July 29, 2005. Appeal from Workers Compensation Board. Decision without published opinion. Affirmed.
FITZPATRICK v. ALLEN, 24 Kan. App. 2d 896 (1998)
955 P.2d 141 W. J. FITZPATRICK, CONSERVATOR FOR JESSICA BATY, A MINOR, Appellant, v. SAMANTHA S. ALLEN, Appellee, AND MEL-O-DY ICE CREAM, INC., AND TINA BATY, Defendants. No. 76,979Court of Appeals of Kansas Opinion filed February 27, 1998. SYLLABUS BY THE COURT 1. NEW TRIAL — Grant or Denial of New Trial — Trial Court […]
STATE v. SIDEL, 16 Kan. App. 2d 686 (1992)
827 P.2d 1215 STATE OF KANSAS, Appellee, v. GREGORY G. SIDEL, Appellant. No. 66,466Court of Appeals of Kansas Opinion filed March 13, 1992 Petition for review denied 250 Kan. 807 (1992). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search Warrant — Credibility of Informant — Corroborating Information by Independent Police Investigation. Although the source […]
STATE v. HAREMZA, 213 Kan. 201 (1973)
515 P.2d 1217 STATE OF KANSAS, Appellant, v. ROBERT A. HAREMZA, Appellee. No. 47,039Supreme Court of Kansas Opinion filed November 3, 1973. SYLLABUS BY THE COURT 1. EVIDENCE — Legislative Control Over Evidence Rules — Statutory Presumption. The legislature may exercise control over the rules of evidence, and hence may pass a law declaring that […]
STATE v. ARTEAGA, 257 Kan. 874 (1995)
896 P.2d 1035 STATE OF KANSAS, Appellee, v. TROY JOHN ARTEAGA, Appellant. No. 71,729Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Selection — Peremptory Challenge by State — Race-neutral Explanation — Equal Protection Analysis. A three-step analysis is used to determine if the State’s use […]
STATE v. FUNK, 27 Kan. App. 2d 712 (2000)
8 P.3d 32 STATE OF KANSAS, Appellant, v. DALE L. FUNK, Appellee. No. 83,810Court of Appeals of Kansas Opinion filed July 7, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Dismissal of Criminal Complaint with Prejudice. A district court may dismiss a criminal complaint with prejudice if the interests of justice require such an […]
STATE v. ROSS, 280 Kan. 878 (2006)
127 P.3d 249 STATE OF KANSAS, Appellee, v. HARVEY L. ROSS, Appellant. No. 92,478.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Evidence of Defendant’s Flight — Admissibility — Appellate Review. The trial court has discretion to admit evidence of a criminal defendant’s flight. The trial court’s decision […]
BAZINE STATE BANK v. PAWNEE PROD. SERV., INC., 245 Kan. 490 (1989)
781 P.2d 1077 BAZINE STATE BANK, Appellee, v. PAWNEE PRODUCTION SERVICE, INC., WILLIAM J. FRUSHER, DAVID H. FRUSHER, MARY A. FRUSHER, and THOMAS A. FRUSHER, Appellants. No. 62,834Supreme Court of Kansas Opinion filed October 27, 1989. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Abuse of Trial Court Discretion — Appellate Review. The test […]
BRACK v. KLEWENO, 169 Kan. 93 (1950)
216 P.2d 794 FRED BRACK, Appellant, v. WALTER KLEWENO, Appellee, and VIRGIL BARROW, Intervenor, Appellee. FRED BRACK, Appellant, v. WALTER KLEWENO, Appellee, and B.F. SCHEUERMAN, Intervenor, Appellee. FRED BRACK, Appellant, v. WALTER KLEWENO, Appellee, and THE WHEAT GROWERS MUTUAL HAIL INSURANCE COMPANY, Intervenor, Appellee. Nos. 37,936, 37,719, 37,801Supreme Court of Kansas Opinion filed April 8, […]
SMITH v. STATE, 286 Kan. 1180 (2008)
Smith v. State. No. 99,029.Supreme Court of Kansas. July 3, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
McDONALD v. HANNIGAN, 262 Kan. 156 (1997)
936 P.2d 262 DAVID R. McDONALD, Appellant, v. ROBERT D. HANNIGAN, et al., Appellees. No. 76,091Supreme Court of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Right to Appeal — Statutory Not Constitutional Right — Appellate Court Jurisdiction. The right to appeal is entirely statutory and not a right […]
STATE v. BARNHART, 266 Kan. 541 (1999)
972 P.2d 1106 STATE OF KANSAS, Appellant, v. ANTHONY C. BARNHART, Appellee. No. 78,723Supreme Court of Kansas Opinion Filed January 22, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Double Jeopardy — Compulsory Joinder Statute. In order for K.S.A. 21-3108(2)(a) to bar a prosecution, the following three elements must coalesce: (1) The prior prosecution […]
STATE v. BRICHAT, 35 Kan. App. 2d xv (2006)
State v. Brichat. No. 94,197.Court of Appeals of Kansas. February 24, 2006. Appeal from the Cloud. Unpublished Opinions Affirmed.
STATE v. GILBERT, 283 Kan. 932 (2007)
State v. Gilbert. No. 95,891.Supreme Court of Kansas. February 14, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
JOHNSTON v. TONY’S PIZZA SERVICE, 232 Kan. 848 (1983)
658 P.2d 1047 MERL EDWARD JOHNSTON, Claimant-Appellee, and DONNA PRUYN, Claimant-Appellee, v. TONY’S PIZZA SERVICE, d/b/a SCHWAN’S SALES OF MARSHALL, INC., Respondent-Appellee, and LIBERTY MUTUAL INSURANCE COMPANY, Insurance Carrier-Appellee, and KANSAS WORKMEN’S COMPENSATION FUND, Appellant. No. 54,815 and No. 54,816 (Consolidated)Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT WORKERS’ COMPENSATION […]
STATE v. NEAL, 215 Kan. 737 (1974)
529 P.2d 114 STATE OF KANSAS, Appellee, v. JOHN M. NEAL, JR., Appellant. No. 47,386Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession of Firearm — Defined. The possession of a firearm proscribed by K.S.A. 1971 (now 1973) Supp. 21-4204 (1) (b) is not the innocent […]
DOUGLAS v. STATE, 92,706 (Kan.App. 8-26-2005)
118 P.3d 177 DOUGLAS v. STATE. No. 92,706.Court of Appeals of Kansas. August 26, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
LANDES v. SMITH, 189 Kan. 229 (1962)
368 P.2d 302 MRS. DARLENE LANDES, Widow, and DONNA D. and BRENDA M. LANDES, Minor Dependents of Harvey Landes, Deceased, Appellants and Cross-Appellees, v. R.L. SMITH, d/b/a R.L. MOVERS, Appellant and Cross-Appellees, and EXCHANGE CASUALTY AND SURETY COMPANY, Appellee and Cross-Appellant. No. 42,597Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT […]
IN RE MARRIAGE OF KUZANEK, 32 Kan. App. 2d 329 (2004)
82 P.3d 528 In the Matter of the Marriage of DAVID L. KUZANEK, Appellant, and KAREN K. KUZANEK, Appellee. No. 90,478.Court of Appeals of Kansas. Opinion filed January 16, 2004. Reversed 279 Kan. 156, 105 P.3d 1253 (2005). SYLLABUS BY THE COURT1. WORDS AND PHRASES — “Cohabitation.” In order for two adults to cohabitate, they […]
EDWARDS v. SOLAR OIL CORP., 177 Kan. 219 (1954)
277 P.2d 614 IDA M. EDWARDS, MAURICE J. EDWARDS, JOHN EDWARDS, JR., CLARK H. EDWARDS, RUTH B. EDWARDS and GEORGE KRATZER, Appellees, v. SOLAR OIL CORPORATION, a Corporation, Appellant. No. 39,538Supreme Court of Kansas Opinion filed December 11, 1954. SYLLABUS BY THE COURT 1. PLEADING — Petition Containing Several Counts — Demurrer — Sufficiency of […]
ADKINS v. ROBERTS, 32 Kan. App. 2d xviii (2004)
Adkins v. Roberts. No. 90,902.Court of Appeals of Kansas. February 6, 2004. Appeal from the Ellsworth. Unpublished Opinions Affirmed.
STATE v. FLESHER, 35 Kan. App. 2d xvi (2006)
State v. Flesher. No. 94,175.Court of Appeals of Kansas. May 19, 2006. Appeal from the Sedgwick. Unpublished Opinions Reversed.
STATE v. VICKERS, 19 Kan. App. 2d 495 (1994)
872 P.2d 314 STATE OF KANSAS, Appellee, v. JAMES A. VICKERS, Appellant. No. 70,258Court of Appeals of Kansas Opinion filed April 15, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Presence of Defendant Required. In felony cases, the defendant must be present in person at the time of sentencing. K.S.A. 22-3405(1). 2. […]
COOK v. DOTY, 4 Kan. App. 2d 499 (1980)
608 P.2d 1028 EDMOND COOK, Appellant, v. WILLIAM H. DOTY, Appellee. No. 50,520Court of Appeals of Kansas Opinion filed March 28, 1980 Petition for review denied June 20, 1980. SYLLABUS BY THE COURT COMPARATIVE NEGLIGENCE — Jury Instructions — General Instruction on Legal Effect of Allocation of Fault. In a comparative negligence case tried before […]
RANEY-NEISES v. HCA HEALTH SERVICE OF KANSAS, 35 Kan. App. 2d xiv (2006)
Raney-Neises v. HCA Health Service of Kansas, Inc. No. 93,740.Court of Appeals of Kansas. May 26, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. BARBER, 26 Kan. App. 2d 330 (1999)
988 P.2d 250 STATE OF KANSAS, Appellee, v. ROBERT E. BARBER, a/k/a ROBERT HICKLES, Appellant. No. 79,957Court of Appeals of Kansas Opinion Filed July 30, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiple Illegal Acts — Jury Unanimity Required for Underlying Criminal Act. In a multiple acts case, the jury must unanimously agree […]
STATE v. SMITH, 291 Kan. 751 (2011)
247 P.3d 676 STATE OF KANSAS, Appellee, v. CHARLES E. SMITH, Appellant. No. 99,655.Supreme Court of Kansas. Opinion filed February 11, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Appointed Counsel — Defendant’s Request for New Counsel — Proof of Justifiable Dissatisfaction Required. To warrant the appointment of new trial counsel, a defendant must show […]
GEIER v. EAGLE-CHEROKEE COAL MINING CO., 181 Kan. 567 (1957)
313 P.2d 731 EDWARD GEIER and ETHEL GEIER, Appellees, v. THE EAGLE-CHEROKEE COAL MINING COMPANY, a Corporation, Appellant. No. 40,566Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Lease — Exhaustion or Lack of Mineral — Unprofitableness — Motion for Judgment on the Pleadings — Issuable […]
KIEKEL v. FOUR COLONIES HOMES ASS’N, 38 Kan. App. 2d 102 (2007)
162 P.3d 57 JAMES A. KIEKEL, et al., Appettants/Cross-appellees, v. FOUR COLONIES HOMES ASSOCIATION, Appellee/Cross-appellant. No. 95,306.Court of Appeals of Kansas. Opinion filed July 13, 2007. SYLLABUS BY THE COURT1. REAL PROPERTY — Community Association — Required Documents to Establish Association. Creating a community association requires a set of documents that generally includes a declaration […]
STATE v. BREAZEALE, 238 Kan. 714 (1986)
714 P.2d 1356 STATE OF KANSAS, Appellee, v. JAY D. BREAZEALE, Appellant. No. 57,747Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Crimes Evidence — Admissibility — Trial Court Determination — Application. Admissibility of prior crimes under K.S.A. 60-455 is to be determined by the trial […]
IN RE JACKSON, 255 Kan. 542 (1994)
874 P.2d 673 In the Matter of MARY CATHERINE JACKSON, Respondent. No. 70,807Supreme Court of Kansas Opinion filed May 27, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed May 27, 1994. Disbarment. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and Bruce E. […]