Category: Kansas Court Opinions

372 P.2d 293 THE STATE OF KANSAS, Appellee, v. JAMES WALKER, Appellant. No. 42,716Supreme Court of Kansas Opinion filed June 9, 1962. SYLLABUS BY THE COURT 1. LARCENY — Evidence of Previous Felony Conviction — Admissibility. In a prosecution for grand larceny under G.S. 1961 Supp., 21-533, the trial court did not err in admitting […]

363 P.2d 536 CAIN CROCKETT, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant. No. 42,278Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. NEW TRIAL — Disapproval of Verdict — Duty to Grant New Trial. Applicable principles of law relating to the consideration and disposition of an appeal from an order […]

676 P.2d 113 MISSOURI MEDICAL INSURANCE COMPANY, Plaintiff-Appellant/Cross-Appellee, v. DAVID; WONG, M.D., Defendant-Appellee/Cross-Appellant, LYNN EUGENE CLEVELAND, JACK JACOBSON, and FLETCHER BELL, Commissioner of Insurance, as Administrator of the Health Care Stabilization Fund, Defendants-Appellees. No. 55,531Supreme Court of Kansas Opinion filed January 24, 1984. SYLLABUS BY THE COURT 1. INSURANCE — Statutory Compliance of Insurance Policy […]

600 P.2d 152 B.J. LINNENS, CHARLES DANNENFELSER and JIMMIE D. BALDWIN, Appellants, v. EUGENE CHRISTENSEN, GERRY HARRIS, JON THOLE, RON KIRKPATRICK, REUBEN ZERGER, LES ALLISON, RON LUDWIG, the duly elected and acting members of the Board of Education of Marion and Florence Unified School District No. 408, Marion County, Kansas, Appellees. No. 50,455Court of Appeals […]

88 P.3d 1232 IN THE MATTER OF OCTAVIO J. VIVEROS, JR., Respondent. Bar Docket No. 12268.Supreme Court of Kansas. April 27, 2004. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter signed April 21, 2004, to the Clerk of the Appellate Courts, respondent Octavio J. Viveros, Jr., an attorney admitted to […]

411 P.2d 601 STATE OF KANSAS, Appellee, v. MAX BACK, Appellant. No. 44,320Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Forgery — Failure to Appoint Counsel — Double Jeopardy — Nunc Pro Tunc Order Not a Resentencing. In an appeal from convictions of forgery in the […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

497 P.2d 110 GINGER LEE BOURNE and ROBERT LEE BOURNE, by Their Mother and Next Friend, JUANITA L. BOURNE, and JUANITA L. BOURNE, Individually, Appellees, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A Corporation, Appellant. No. 46,627Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT 1. JURIES — Jury […]

710 P.2d 1304 In the Matter of the Appeal of K-Mart Corporation From an Order of the Director of Taxation. No. 57,992Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. TAXATION — Retailer’s Sales Tax and Compensating Tax Acts — Acts Construed Together. The retailers’ sales tax act (K.S.A. 79-3601 […]

694 P.2d 439 DONALD E. DANGERFIELD, PAMELA G. ELDER, and JONELE LEE HACKEROTT, Appellants, v. MONTGOMERY WARD Co., INC., Appellee. No. 56,657Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT LABOR — Wage Payment Statutes — Wage Dispute — Scope of Trial Court Review of Administrative Agency — Review of Employment […]

120 P.3d 366 STATE OF KANSAS, Appellee, v. PATRICK C. NEAL, Appellant. Petition for review denied 280 Kan. 989 (2006). No. 92,522.Court of Appeals of Kansas. Opinion filed September 30, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Multiplicitous Charges — Multiplicity Claim May Be Raised for First Time on Appeal. A claim of multiplicity […]

26 P.3d 69 MATTHEW FOWLER, Appellant, v. CRITICARE HOME HEALTH SERVICES, INC., Appellee. Supreme Court of Kansas No. 83,085 Opinion filed: July 13, 2001. SYLLABUS BY THE COURT TORTS — Retaliatory Discharge for Whistleblowing — Discharged Employee’s Burden of Proof — Summary Judgment. Review of the judgment of the Court of Appeals in 27 Kan. […]

535 P.2d 865 PLAINS TRANSPORT OF KANSAS, INC., and TRUCK INSURANCE EXCHANGE, Appellants, v. JOE C. BALDWIN and H. CLEMENTINE BALDWIN, d/b/a JOE BALDWIN GAS CO., Appellees. No. 47,498Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. COURTS — Consolidation of Cases — Docket — Judicial Discretion. It is within […]

308 P.2d 144 W.A. BYERLEY, also known as WILLIAM A. BYERLEY, Appellee, v. J.W. BRAUCHER, also known as JOSEPH W. BRAUCHER, Appellant. No. 40,427Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT 1. PLEADING — Motion to Strike and Demurrer — Sufficiency of Petition. A petition examined on appeal from motion […]

833 P.2d 937 STATE OF KANSAS, Appellee, v. HUNG H. NGUYEN, Appellant. No. 66,274Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — In-custody Statement in English Taken from Accused Whose Primary Speech Is Another Language — Effect of Failure to Have Interpreter Present. If an in-custody statement […]

613 P.2d 670 SHIRLEY A. BARNCORD, Dependent Widow of Elmer E. Barncord, Jr., Deceased, on behalf of herself and as Mother, Natural Guardian and Next Friend of ELMER E. BARNCORD, III, and LORI ANN BARNCORD, Minor Dependent Children of Elmer E. Barncord, Jr., Deceased, Claimants-Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION and STATE SELF-INSURANCE FUND, Respondent […]

17 P.3d 373 STATE OF KANSAS, Appellee, v. LARRY O. DANIELS, Appellant. No. 83,629Court of Appeals of Kansas Opinion filed December 22, 2000. Petition for review denied 272 Kan. 1420 (2001). SYLLABUS BY THE COURT CRIMINAL LAW — Possession of Illegal Drugs — Prior Conviction — Sentencing. K.S.A. 1999 Supp. 65-4160(b) is construed and applied. […]

629 P.2d 143 FRED MITCHELSON, Executor of the Estate of Thad M. Sandstrom, Deceased; and MILDA J. SANDSTROM, Appellants, v. TRAVELERS INSURANCE COMPANY, Appellee. No. 52,258Supreme Court of Kansas Opinion filed June 10, 1981. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Material Fact Present — Motion Overruled. Where the case records reflect a genuine […]

506 P.2d 1125 WILMA JENNINGS, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY and EDWIN K. PETERSON, Appellants. No. 46,577Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. RAILROADS — Ordinance Backing Train Through City Without Flagman — Duty to Provide Flagman. A city ordinance making it “unlawful for any railroad company […]

576 P.2d 212 KANSAS SAVINGS AND LOAN ASSOCIATION, a corporation, Plaintiff-Appellee, v. RICH ECKEL CONSTRUCTION CO., INC., et al., Defendants, and ROBERT B. OLSEN, MERRILL R. TALPERS, and DAVID A. WELTE, d/b/a OLSEN, TALPERS and WELTE, Defendants-Appellants. No. 48,508Supreme Court of Kansas Opinion filed February 25, 1978. SYLLABUS BY THE COURT 1. APPEAL AND ERROR […]

636 P.2d 788 VICTORY NATIONAL BANK OF NOWATA, Nowata, Oklahoma, a corporation, Appellee, v. DAVE STEWART, Appellant, and ROGER BOWSHIER and SHIRLEY BOWSHIER, Third-Party Defendants. No. 52,419Court of Appeals of Kansas Opinion filed November 19, 1981 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Controlling Facts Based on Documentary Evidence — De Novo Review […]

495 P.2d 529 WAYNE KNAPP, Appellant, v. UNIFIED SCHOOL DISTRICT No. 449 OF LEAVENWORTH COUNTY, KANSAS, VERNON C. VAUGHN, ROY ALEXANDER, HERMAN SACHSE, LESTER ABEL, CHARLES D. BELTZ, as members of said school board, JAMES McCOLLAM, as clerk of said board, Appellees. No. 46,593Supreme Court of Kansas Opinion filed April 19, 1972. Appeal from Leavenworth […]

115 P.3d 794 STATE v. SHERIDAN. No. 93,354.Court of Appeals of Kansas. July 22, 2005. Appeal from Rice. Decision without published opinion. Affirmed.

402 P.2d 328 WAYNE POWERS, Appellant, v. STATE OF KANSAS, Appellee. No. 44,171Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Preliminary Hearing — Counsel. In a proceeding under K.S.A. 60-1507 a prisoner in custody under sentence of a court […]

783 P.2d 343 REX A. SHARP, KERRY McQUEEN, and JAMES H. MORAIN, as individuals, NEUBAUER, SHARP, McQUEEN, DREILING MORAIN, P.A., as a firm, and All Other Lawyers as a Class Required by the State of Kansas to Represent Kansas Indigent Criminal Defendants, Plaintiffs-Appellants, v. STATE OF KANSAS, Defendant-Appellee. No. 63,066Supreme Court of Kansas Opinion filed […]

716 P.2d 580 STATE OF KANSAS, Appellee, v. THOMAS E. VAN CLEAVE, Appellant. No. 58,238Supreme Court of Kansas Opinion filed March 28, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Competency of Counsel — Challenge to Competency Cannot Be First Asserted on Appeal. In an appeal from conviction of a crime, the allegation that […]

218 P.2d 204 THE CITY OF MOUND CITY, LINN COUNTY, KANSAS, Appellant, v. HENRY CARBON, doing business as Carbon Implement Company; SOCONY-VACUUM OIL COMPANY, INC., Appellees. No. 37,870Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Encroachment by Abutting Owners — Removal — Discrimination. The fact that the […]

877 P.2d 967 THE BOEING COMPANY, Appellee, v. OAKLAWN IMPROVEMENT DISTRICT, Appellant. No. 69,863Supreme Court of Kansas Opinion filed July 19, 1994. SYLLABUS BY THE COURT 1. COUNTIES — Improvement Districts Act — Constitutionality of Act. The constitutionality of K.S.A. 19-2753 et seq., the Improvement Districts Act, is discussed and upheld. The Act does not […]

602 P.2d 549 WILLIAM HAROLD CARLSON, Appellant, v. HELEN L. CARLSON, Appellee. No. 50,649Court of Appeals of Kansas Opinion filed November 16, 1979 SYLLABUS BY THE COURT 1. STATUTES — Construction. Rules for statutory construction are reviewed and applied. 2. DIVORCE — Alimony Modification — Increase in Alimony below Original Decree but above Previous Modification. […]

838 P.2d 371 FRANCIS WISHTEYAH, Appellant, v. THE KANSAS PAROLE BOARD, Appellee. No. 67,805Court of Appeals of Kansas Opinion filed October 2, 1992 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Ex Post Facto Law — Constitutional Prohibition. The United States Constitution prohibits the legislative enactment of any ex post facto law. U.S. Const., art. […]

457 P.2d 103 STATE OF KANSAS, Appellee, v. LEO COX, Appellant. No. 45,415Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — No Request to Appoint Sanity Commission. Where there is no request and no unusual behavior on the part of the accused there is no obligation on […]

749 P.2d 37 STATE OF KANSAS, Appellee, v. BILLY JOE ANTHONY, Appellant. No. 60,448Supreme Court of Kansas Opinion filed January 15, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Charging of Two Offenses in the Alternative in One Count of Criminal Complaint — When Harmless Error. It is error to charge two offenses in […]

124 P.3d 109 IN RE L.M. No. 94,351.Court of Appeals of Kansas. December 9, 2005. Appeal from Johnson. Decision without published opinion. Affirmed.

309 P.2d 636 LAYMOND L. GOHEEN, Appellant, v. HAROLD L. GRABER, M.D., and GRACE HOSPITAL AND SCHOOL OF NURSING, a Corporation, Appellees. No. 40,451Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. PHYSICIANS AND SURGEONS — Degree of Care and Skill Required. The relationship between a physician and his patient, […]

115 P.3d 794 STATE v. LOPEZ. No. 92,509.Court of Appeals of Kansas. July 22, 2005. Appeal from Riley. Decision without published opinion. Affirmed in part and reversed in part.

59 P.3d 355 In the Interest of M.K. No. 88,503.Court of Appeals of Kansas. Opinion filed December 13, 2002. SYLLABUS BY THE COURT1. ADOPTION — Interested Parties — Preadoptive Parents or Individuals with Whom Child Residing. When an adoption proceeding does not include preadoptive parents or individuals with whom the child is residing as interested […]

198 P.3d 172 CHARLES L. WHITE, Appellee, v. KANSAS HEALTH POLICY AUTHORITY, Appellant. No. 100,171.Court of Appeals of Kansas. Opinion filed December 12, 2008. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — judicial Review of Agency Action — Appellate Review of District Court Review of Agency Action. Under the Kansas Act for Judicial Review and Civil […]

339 P.2d 60 LEE ROY POWELL, Appellant, v. ROBERT LEE PHILLIPS, Appellee. No. 41,334Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT AUTOMOBILES — Highway Collision — Demurrer to Evidence. In a damage action arising out of an automobile collision, the record is examined and it is held: Plaintiff’s evidence was […]

468 P.2d 189 BATCHELOR’S BUILDING MAINTENANCE SERVICE, INC., and GERALD W. BATCHELOR, Individually, Appellants, v. DOUGLAS AVENUE CORPORATION, INC., and HARRY R. POLLAK, Individually, Appellees. No. 45,606Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT CONTRACTS — Breach of Contract — Notice of Cancellation. In an action for damages for alleged […]

443 P.2d 248 STATE OF KANSAS, Appellee, v. RUDY V. CHUNING, Appellant. No. 45,211Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Testimony Read to Jury — Absence of Defendant — Waiver of Right to be Present. While the absence of a defendant at any stage of […]

180 P.3d 564 FRANCIS P. DENNING, Appellant, v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee. No. 98, 111.Supreme Court of Kansas. Opinion filed March 28, 2008. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Consideration Given by Court to Administrative Agency’s Interpretation of Statute — Appellate Review. An administrative agency’s interpretation of a statute is not […]

251 P.3d 628 In the Matter of BART A. CHAVEZ, Respondent. No. 105, 258.Supreme Court of Kansas. Opinion filed April 8, 2011. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed April 8, 2011. Published censure. Kimberly L. Knoll, Deputy Disciplinary Administrator, argued the cause, and […]

595 P.2d 1102 MILDRED R. HILLHOUSE, Appellant, v. FARMERS INSURANCE COMPANY, INC., A CORPORATION, AND FREDERICK BAILEY, Appellees. No. 49,729Supreme Court of Kansas Opinion filed June 9, 1979. SYLLABUS BY THE COURT INSURANCE — Uninsured Motor Vehicles — Policy Provision Excluding Government-Owned Vehicles Void. Provision contained in an automobile liability insurance policy excluding government-owned vehicles […]

133 P.3d 159 CITY OF DODGE CITY, Appellee, v. RAUL IBARRA, Appellant. No. 94,161.Court of Appeals of Kansas. Opinion filed May 5, 2006. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Perfecting Appeal from Municipal Court Conviction. To perfect an appeal from municipal court, a convicted defendant must file a notice of appeal and an appearance […]

608 P.2d 968 STATE OF KANSAS, Appellant, v. DAVID EUGENE GAINER, Appellee. No. 51,251Supreme Court of Kansas Opinion filed April 5, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Continuing Offenses. All criminal offenses, except those considered continuing offenses, are committed when every act which is an element of the offense has occurred. Continuing […]

670 P.2d 1354 STATE OF KANSAS, Appellee, v. JOHN WALTER, Appellant. No. 54,273Supreme Court of Kansas Opinion filed October 21, 1983. SYLLABUS BY THE COURT CRIMINAL LAW — Possession of Marijuana with Intent to Sell and Possession of Drug Paraphernalia — Motion to Suppress Evidence — Limitation of State’s Cross-examination of Defendant — Motion for […]

196 P.3d 915 In the Matter of DOUGLAS W. DOWELL, Respondent. No. 100,863.Supreme Court of Kansas. Opinion Filed December 5, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed December 5, 2008. Indefinite suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]

318 P.2d 1058 SECURITIES ACCEPTANCE CORPORATION, Appellee, v. DWAINE R. PERKINS, d/b/a Perkins Pontiac Company, Appellant. No. 40,712Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT 1. CONTRACTS — Finance Agreement for New Automobiles — Note and Mortgage — Failure to Show Lien on Bill of Sale. In an action by […]

93 P.3d 1200 IN THE MATTER OF LEE RUSSELL STANFORD, JR., Respondent. Bar Docket No. 17956.Supreme Court of Kansas. July 15, 2004. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated July 6, 2004, to the Clerk of the Appellate Courts, respondent, Lee Russell Stanford, Jr., of Salina, Kansas, an […]

827 P.2d 74 KANSAS POWER and LIGHT COMPANY, Appellee, v. KYLE DAVID AARENS, et al., Appellants. No. 66,604[1] Court of Appeals of Kansas Opinion filed January 10, 1992 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 10, 1992, pursuant to Rule […]

601 P.2d 1096 In the Matter of the Estate of DOROTHY W. MURPHY, Deceased. No. 49,842Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT ESTATES — Ambiguity in Divorce Agreement — Parol Evidence Allowed to Settle Claim against Estate. In an action on a claim against a decedent’s estate, based upon […]

424 P.2d 871 EDWIN ADDINGTON, Appellant, v. STATE OF KANSAS, Appellee. No. 44,278Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Preliminary Hearing — No Constitutional Right to Appointment of Counsel. An accused has no constitutional right to the appointment of counsel at the preliminary examination and failure […]

631 P.2d 251 IN THE MATTER OF ENFORCEMENT OF CUSTODY ORDER BY THE STATE OF CALIFORNIA OF DEIDRE KAISER AND JAMES KAISER, JOSEPH H. KAISER, Appellant, v. FRANCES McCLENDON, Appellee. No. 52,012Court of Appeals of Kansas Opinion filed July 10, 1981 Reversed 230 Kan. 472, 639 P.2d 39 (1982). SYLLABUS BY THE COURT PARENT AND […]

962 P.2d 515 FIRST FINANCIAL INSURANCE CO., Appellant, v. VERDELL AND EARLENE BUGG, d/b/a TEWZ ENUFF, JOI WOODBERRY, TINA M. DAVIS, and LELA R. SMITH, Appellees. No. 79,085Supreme Court of Kansas Opinion filed July 10, 1998 SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Appellate Review. As a general rule, the […]

251 P.3d 48 STATE OF KANSAS, Appellant, v. JAMIE A. FREDRICK, Appellee. No. 102,848.Supreme Court of Kansas. Opinion filed April 29, 2011. SYLLABUS BY THE COURT1. APPEAL AND ERROR — STATUTORY INTERPRETION — State’s Appeal of Dismissal of Criminal Complaint — Appellate Review — De Novo Review. Interpretation of a statute is a question of […]

643 P.2d 1108 DANIELS TRUCKING, INC., Plaintiff and Appellant, v. JIMMIE ROGERS, Defendant and Third Party Plaintiff and Appellee, and HAROLD DANIELS and ROGER NOBLE, Third Party Defendants. No. 53,541Court of Appeals of Kansas Opinion filed April 1, 1982 SYLLABUS BY THE COURT 1. PARTNERSHIP — Dissolution — Discharge of Existing Partnership Liability Discussed. The […]

710 P.2d 1250 JAYNE WERNER, Appellant, v. VERNON KLIEWER, M.D. and PRAIRIE VIEW, INC., Appellees, v. ROGER WERNER, Third Party Defendant-Appellee. No. 57,612Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT TORTS — Invasion of Privacy — Unauthorized Disclosure of Confidential Psychiatrist-Patient Information — Summary Judgment for Defendants Proper. In an […]

625 P.2d 483 MICHAEL J. PATTERSON, Appellant, v. MISSOURI VALLEY STEEL, INC., Appellee. No. 52,055Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Appeal from Judgment against One Party in Multiparty Suit. When in an action involving multiple parties a trial court expressly determines that there is […]

426 P.2d 60 THE KANSAS POWER AND LIGHT COMPANY, Appellee, v. MOBIL OIL COMPANY and CITIES SERVICE OIL COMPANY, Appellants. No. 44,691Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT 1. CONTRACTS — When Fairly Made — Favorites of the Law. Contracts which are freely arrived at and fairly made are […]

186 P.3d 785 STATE OF KANSAS, Appellant, v. KARIN J. MORTON, Appellee. No. 97,848.Supreme Court of Kansas. Opinion filed July 3, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When reviewing a district court’s decision on a motion to suppress, an appellate court determines, without reweighing the evidence, whether […]

789 P.2d 1203 STATE OF KANSAS, Appellee, v. JOHN R. DALY, Appellant. No. 63,964Court of Appeals of Kansas Opinion filed April 13, 1990 Petition for review denied 246 Kan. 769 (1990). SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Exclusionary Rule — Protection from Unreasonable Searches and Seizures. The Fourth Amendment to the United […]

598 P.2d 550 STATE OF KANSAS, Appellee, v. JERRY W. HAGAN, Appellant. No. 49,841Court of Appeals of Kansas Opinion filed August 10, 1979 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession and Sale of Controlled Substance — Merger of Offenses. The crime of possession of a controlled substance, in violation of K.S.A. 1978 Supp. […]

978 P.2d 918 CLINTON L. THOMASON, Appellant, v. MERLIN STOUT, Appellee, v. COUNTY ELECTION OFFICER, Appellee. No. 82,402Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. ELECTIONS — Challenge to Election Results — Proof Required. In challenging the results of an election, the contestant must plead and prove the irregularities […]

34 P.3d 449 STATE OF KANSAS, Appellee, v. ROBERT L. VERGE, Appellant. No. 82,471Supreme Court of Kansas Opinion filed: November 16, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Capital Murder and Other Felonies — Change of Venue — Refusal to Excuse Jurors for Cause — Allegations of Prosecutorial Misconduct in Closing Argument — […]

283 P.2d 411 ARNOLD F. ROEHRMAN, Appellee, v. THE D.S. O. RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., Appellant. No. 39,646Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action by Employer — Rulings. In an action brought by the employer of an injured workman against a negligent third party […]

104 P.3d 378 SCHMIDTLIEN ELECTRIC, INC., and TRINITY UNIVERSAL INSURANCE CO., Plaintiffs/Appellants, v. PAULA GREATHOUSE, Director, Kansas Division of Workers Compensation, Defendant/Appellee. NORTHMINSTER PRESBYTERIAN CHURCH and BROTHERHOOD MUTUAL INSURANCE CO., Plaintiffs/Appellants, v. PAULA GREATHOUSE, Director, Kansas Division of Workers Compensation, Defendant/Appellee. No. 91,654.Supreme Court of Kansas. Opinion filed January 21, 2005. SYLLABUS BY THE COURT1. […]

604 P.2d 73 CITY OF TOPEKA, KANSAS, Appellee, v. JAMES D. MARTIN, Appellant. No. 50,991Court of Appeals of Kansas Opinion filed December 21, 1979 SYLLABUS BY THE COURT 1. AUTOMOBILES — Driving While Intoxicated — Degree of Intoxication Required for Conviction. While K.S.A. 1978 Supp. 8-1005 does not define a “degree of intoxication,” it is […]