In The Matter of THE APPEAL OF LEMONS, STEPHEN AND LORETTA, FROM A FINAL DETERMINATION REGARDING 1994 KANSAS INCOME TAX. No. 98,468.Supreme Court of Kansas. Opinion filed October 9, 2009. SYLLABUS BY THE COURTTAXATION — Tax Refund — Time for Taxpayer to Request Refund — Statutory Tolling Provision Applies to Time to Request Refund and […]
Category: Kansas Court Opinions
RED DOG SALOON v. SEDGWICK BD. OF COMM’RS, 29 Kan. App. 2d 928 (2001)
33 P.3d 869 RED DOG SALOON, MILLION DOLLAR BABES, GLAMOUR GIRLS, and THE TENDER TRAP, Appellants, v. SEDGWICK COUNTY BOARD OF COMMISSIONERS, SEDGWICK COUNTY, KANSAS; and SHERIFF MIKE HILL, SHERIFF OF SEDGWICK COUNTY, KANSAS, Appellees. No. 85,945Court of Appeals of Kansas Opinion filed: November 9, 2001. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — […]
WHITE v. STATE, 201 Kan. 801 (1968)
443 P.2d 182 EARL WHITE, Appellant, v. STATE OF KANSAS, Appellee. No. 45,265Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT 1. COURTS — When Rule No. 121 (j) Mandatory. The provisions of Rule No. 121 (j) were adopted by the supreme court to supplement procedures under K.S.A. 60-1507 (197 Kan. […]
BOYD v. STATE OF KANSAS, 219 Kan. 868 (1976)
546 P.2d 1320 JAMES A. BOYD, Appellant, v. STATE OF KANSAS, Appellee. No. 48,056Supreme Court of Kansas Opinion filed March 6, 1976. Appeal from Wyandotte district court, division No. 3; HARRY G. MILLER, judge. Opinion filed March 6, 1976. Robert A. DeCoursey, of Kansas City, Kansas, argued the cause and was on the brief for […]
STATE v. RODDY, 280 Kan. 990 (2005)
State v. Roddy. No. 93,344.Supreme Court of Kansas. December 21, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
MUNTZEL v. STATE COMMISSION OF REVENUE TAXATION, 179 Kan. 775 (1956)
298 P.2d 272 ROBERT J. and PHILOMENE MUNTZEL, Appellees, v. STATE COMMISSION OF REVENUE AND TAXATION, Appellant. No. 40,147Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT TAXATION — Income Tax — Sale of Business — Capital Asset — Contract Construed. A contract for the purchase of a wholesale and retail […]
STATE v. JACKSON, 222 Kan. 424 (1977)
565 P.2d 278 STATE OF KANSAS, Appellee, v. JAMES DENNIS JACKSON, Appellant. No. 48,427Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT 1. EVIDENCE — Other Crimes and Civil Wrongs — When Not Applicable. K.S.A. 60-455 is not applicable to evidence of the theft of items not charged against defendant but […]
HYRE v. SULLIVAN, 171 Kan. 309 (1951)
232 P.2d 474 EUNICE R. HYRE, Appellant, v. FRANK SULLIVAN, State Commissioner of Insurance, and GEORGE ROBB, State Auditor, Appellees. No. 38,340Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. MANDAMUS — When Act has Become Unlawful. A writ of mandamus will not issue to compel the performance of an […]
STATE v. OYLER, 15 Kan. App. 2d 84 (1990)
803 P.2d 585 STATE OF KANSAS, Appellee, v. JIMMIE D. OYLER, SR., Appellant. No. 65,417Court of Appeals of Kansas Opinion filed December 21, 1990 Petition for review denied 248 Kan. 998 (1991). SYLLABUS BY THE COURT 1. JURISDICTION — State’s Jurisdiction in Forfeiture Proceeding — In Rem Jurisdiction. The State’s jurisdiction in a forfeiture proceeding […]
IN RE COLEMAN, 249 Kan. 218 (1991)
815 P.2d 43 In the Matter of PAUL D. COLEMAN, Respondent. No. 66,218Supreme Court of Kansas Opinion filed July 12, 1991. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed July 12, 1991. Disbarment. Paula B. Martin, deputy disciplinary administrator, argued the cause, and Bruce E. […]
STATE EX REL. STOVALL v. RELIANCE INS. CO., 278 Kan. 777 (2004)
107 P.3d 1219 STATE OF KANSAS ex rel. CARLA J. STOVALL, Appellant, v. RELIANCE INSURANCE COMPANY, GEORGE M. MYERS, INC., d/b/a GMM, INC., PROFESSIONAL MECHANICAL CONTRACTORS, INC., DEAN E. NORRIS, INC., and AMERICAN THERMAL PRODUCTS, INC., Appellees. No. 87,393.Supreme Court of Kansas. Opinion filed January 21, 2005. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment […]
STATE v. FARMER, 283 Kan. 932 (2007)
State v. Farmer. No. 94,068.Supreme Court of Kansas. February 14, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. McKINNEY, 10 Kan. App. 2d 459 (1985)
701 P.2d 701 STATE OF KANSAS, Appellee, v. WILLIE McKINNEY, Appellant. No. 56,980[1] Court of Appeals of Kansas Opinion filed April 4, 1985 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated May 31, 1985. SYLLABUS BY THE COURT CRIMINAL LAW — Prisoner’s […]
STATE v. GORDON, 278 Kan. 849 (2004)
STATE v. GORDON. No. 89,744.Supreme Court of Kansas. September 15, 2004. Reported below Unpublished. Petition for review denied.
CAPE v. BENSON, 92,079 (Kan.App. 2-25-2005)
106 P.3d 515 CAPE v. BENSON. No. 92,079.Court of Appeals of Kansas February 25, 2005. Appeal from the Reno. Decision without published opinion. Affirmed.
CORNWELL v. JESPERSEN, 238 Kan. 110 (1985)
708 P.2d 515 JACK CORNWELL, et al., Plaintiffs-Appellees, v. JERRY JESPERSEN et al., Defendants-Appellants, RICK CORNWELL, et al., Plaintiffs-Appellees, v. JERRY JESPERSEN, et al., Defendants-Appellants. No. 57,366Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. CONTRACTS — Third Party Beneficiary. The law on third party beneficiary contracts, as set forth […]
STATE v. LOGAN, 91,894 (Kan.App. 12-23-2004)
102 P.3d 503 STATE v. LOGAN. No. 91,894.Court of Appeals of Kansas December 23, 2004. Appeal from Reno. Decision Without Published Opinion. Affirmed.
STATE v. GREEN, 278 Kan. 849 (2004)
STATE v. GREEN. No. 89,308.Supreme Court of Kansas. September 15, 2004. Reported below 32 Kan. App. 2d 789. Petition for review denied.
STATE v. COX, 193 Kan. 571 (1964)
396 P.2d 326 THE STATE OF KANSAS, Appellee, v. CLARENCE S. COX, Appellant. No. 43,356Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Preliminary Hearing — Counsel — Commitment to State Hospital — Return to Court for Trial. In an appeal from a conviction of the offense of […]
STATE v. FRIZZELL, 207 Kan. 393 (1971)
485 P.2d 160 STATE OF KANSAS, Appellee, v. PATRICIA A. FRIZZELL, Appellant. No. 46,169Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Meaning of Custodial Interrogation. By custodial interrogation is meant the questioning of persons by law enforcement officers which is initiated and conducted while such persons […]
IN RE WISWELL, 236 Kan. 311 (1984)
691 P.2d 391 IN THE MATTER OF WILLIAM C. WISWELL, Respondent. Bar Docket No. 8466Supreme Court of Kansas November 16, 1984 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. WHEREAS, William Clayton Wiswell was admitted by this Court on the 13th day of September, 1974, to the practice of law in the […]
BROOKS v. STATE, 25 Kan. App. 2d 466 (1998)
966 P.2d 686 MIKEL SHERMAN BROOKS, Appellant, v. STATE OF KANSAS, Appellee. No. 78,973Court of Appeals of Kansas Opinion filed September 4, 1998. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Voluntary Dismissal of Motion after Successful Appeal and Remand for Full Evidentiary Hearing — Second Motion for Similar Relief Not Entertained. When a motion […]
BLOOM v. FNU ARNOLD, 45 Kan. App. 2d 225 (2011)
248 P.3d 752 STEVEN K. BLOOM, Appellant, v. FNU ARNOLD, et al., Appellees. No. 103,352.Court of Appeals of Kansas. Opinion filed January 21, 2011. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Dismissal of Petition for Failure to State Claim for Relief — Appellate Review. When an appellate court reviews a district court’s decision to grant […]
LLERAS v. VIA CHRISTI REG. MED., 37 Kan. App. 2d 580 (2007)
154 P.3d 1130 DAVID A. LLERAS, Appellee, v. VIA CHRISTI REGIONAL MEDICAL CENTER and LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellants. No. 95,901.Court of Appeals of Kansas. Opinion filed April 6, 2007. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. The interpretation of a statute is a question of law over which an appellate […]
CLASS I RAIL CARRIERS v. STATE CORPORATION COMMISSION, 191 Kan. 201 (1963)
380 P.2d 396 CLASS I RAIL CARRIERS OF KANSAS, THE KANSAS TRANSPORT COMPANY, INC., and THOMPSON TRANSPORT CO., INC., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. Nos. 43,088, 43,089, 43,090, 43,091 and 43,092Supreme Court of Kansas Opinions filed April 6, 1963. SYLLABUS BY THE COURT MOTOR CARRIERS — Order Granting […]
STATE v. SAUNDERS, 284 Kan. 950 (2007)
State v. Saunders. No. 94,672.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
WALLACE v. WALLACE, 214 Kan. 344 (1974)
520 P.2d 1221 JANET S. WALLACE, Appellee, v. DONALD L. WALLACE, Appellant. No. 47,149Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property — No Power to Modify Decree. A trial court after entering an original decree which determines a division of property has no continuing […]
STATE v. McCONNELL, 9 Kan. App. 2d 688 (1984)
688 P.2d 1224 STATE OF KANSAS, Appellee, v. WILLIAM E. McCONNELL, Appellant. No. 55,955[1] Court of Appeals of Kansas Opinion filed September 6, 1984 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, this opinion was required to be published by an order of the Supreme Court dated October 2, 1984, pursuant to Rule 7.04. […]
LAIRD COMPANY v. CHENEY, 196 Kan. 675 (1966)
414 P.2d 18 LAIRD COMPANY, a corporation, and 34 other corporations, Appellees, v. J.R. CHENEY, Director of Alcoholic Beverage Control; EVERETT STEERMAN, ROBERT F. GALLOWAY and ALFRED WILLIAMS, Members of the Alcoholic Beverage Control Board of Review; ROBERT C. LONDERHOLM, Attorney General of the State of Kansas, Appellants. No. 44,423Supreme Court of Kansas Opinion filed […]
BECKER v. CITY OF WICHITA, 231 Kan. 322 (1982)
644 P.2d 436 ROBERT H. BECKER, Appellant, v. THE CITY OF WICHITA AND THE BOARD OF CITY COMMISSIONERS OF WICHITA, KANSAS, Appellees, and BERNARD J. ALBERTS, GERALD J. KATHOL, AND ROBERT L. WILLIAMS, Appellants, v. THE CITY OF WICHITA AND THE BOARD OF CITY COMMISSIONERS OF WICHITA, KANSAS, Appellees. No. 53,373Supreme Court of Kansas Opinion […]
REED v. KANSAS RACING COMM’N, 253 Kan. 602 (1993)
860 P.2d 684 VIRGIL DELBERT REED, Appellant, v. KANSAS RACING COMMISSION, Appellee. No. 68,820Supreme Court of Kansas Opinion filed October 8, 1993. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appellate Review of Agency Action — Standard of Review. The statutory standard of review under the Kansas Act for Judicial Review and Civil Enforcement of […]
STATE v. WILLETT, 287 Kan. 769 (2009)
State v. Willett. No. 98,437.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
FOOS v. TERMINIX, 277 Kan. 687 (2004)
89 P.3d 546 DENNIS FOOS, Appellee, v. TERMINIX and ZURICH AMERICA INSURANCE, CO., Appellants. 89,239.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Accidental Injury Arising Out of or In Course of Employment — Fact Question — Appellate Review. In a workers compensation case, whether there has been […]
IN RE M.F., 278 Kan. 845 (2005)
IN RE M.F. No. 91,367.Supreme Court of Kansas. January 20, 2005. Reported below Unpublished. Petition for review denied.
STATE v. ABBOTT, 31 Kan. App. 2d 706 (2003)
71 P.3d 1173 STATE OF KANSAS, Appellee, v. MICHAEL ABBOTT, Appellant. No. 88,603.Court of Appeals of Kansas. Opinion filed July 3, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Search and Seizure — Motion to Suppress Usually Required to Preserve Issue for Appeal. To preserve a search and seizure issue for appeal, there must usually […]
STATE v. REINERT, 35 Kan. App. 2d xix (2006)
State v. Reinert. No. 94,457.Court of Appeals of Kansas. May 12, 2006. Appeal from the Lyon. Unpublished Opinions Affirmed.
STATE v. BLAIR, 26 Kan. App. 2d 7 (1999)
974 P.2d 121 STATE OF KANSAS, Appellee, v. BARBARA J. BLAIR, Appellant. No. 81,102Court of Appeals of Kansas Opinion filed February 12, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving While under Influence of Alcohol. Under K.S.A. 1997 Supp. 8-1567(a)(3), being under the influence of alcohol means that the operator’s physical or mental […]
STATE v. THORNTON, 224 Kan. 127 (1978)
577 P.2d 1190 STATE OF KANSAS, Appellee, v. HILLARD AMON THORNTON, Appellant. No. 49,193Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Merger of Offenses — Possession with Intent to Sell a Controlled Substance Merges with Offense of Sale. The offense of possession with intent to sell […]
HOGAN v. STATE, 280 Kan. 982 (2005)
Hogan v. State. No. 92,304.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STAMPS v. CONSOLIDATED UNDERWRITERS, 208 Kan. 630 (1972)
493 P.2d 246 OMEGA STAMPS, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee-Appellant, and MARTIN A. LANDWEHR, Appellee. MARY RADCLIFF, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee-Appellant, and MARTIN A. LANDWEHR, Appellee. MAUDE BURTON, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee-Appellant, and MARTIN A. LANDWEHR, Appellee. HELEN F. LEE, Appellee, v. CONSOLIDATED UNDERWRITERS, Garnishee-Appellant, and MARTIN A. LANDWEHR, Appellee. PHYLLIS ANN LEE, […]
SCHNEIDER v. STEWART, 170 Kan. 158 (1950)
223 P.2d 698 HELEN E. SCHNEIDER, Appellee, v. E.C. STEWART and O.H. STEWART, doing business as GLOBE CONSTRUCTION COMPANY, and EDWIN M. CURRY, Appellants. No. 38,020Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT 1. AUTOMOBILE — Collision at Intersection — Contributory Negligence — Question for Jury. In an action to […]
In re C.P.W., 289 Kan. 448 (2009)
213 P.3d 413 In the Matter of C.P.W. No. 101,017.Supreme Court of Kansas. Opinion filed July 24, 2009. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Prosecutor’s Appeal on Question Reserved — When Entertained by Appellate Court. Appellate courts will accept appeals of questions reserved when the issues are matters of statewide interest important to the […]
STATE v. THOMAS, 21 Kan. App. 2d 504 (1995)
900 P.2d 874 STATE OF KANSAS, Appellee, v. DONDIE E. THOMAS, Appellant. No. 72,915Court of Appeals of Kansas Opinion filed August 11, 1995 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Notice of Appeal in Criminal Case — Exception to Untimely Appeal. Although a court generally lacks jurisdiction to consider an untimely appeal, an exception […]
STATE v. MITCHELL, 181 Kan. 193 (1957)
310 P.2d 1063 STATE OF KANSAS, Appellee, v. WESLEY MITCHELL, Appellant. No. 40,357Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT CRIMINAL LAW — Prosecution for Murder — Verdict Supported by the Evidence — Evidence — Endorsement of Witnesses — Instructions as to Lesser Offenses. In a prosecution for murder in […]
HIRD v. WILLIAMS, 224 Kan. 14 (1978)
577 P.2d 1173 IRENE M. HIRD, Appellee, v. JOHN F. WILLIAMS and ELLEN P. WILLIAMS, Appellants. No. 48,573Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT CONTRACTS — Real Estate Installment Contract — Parol Evidence to Show Ambiguity or Mutual Mistake. In an action to cancel a real estate installment sales […]
ALLEN v. SCHAUF, 202 Kan. 348 (1969)
449 P.2d 1010 THOMAS ALLEN and FRANCES ALLEN, Appellants, v. LUCILLE M. SCHAUF, RICHARD E. SCHAUF, INVESTMENT SYSTEMS, INC., a Kansas corporation, CONSTRUCTION SYSTEMS, INC., a Kansas corporation, KAN-FRAN, INC., a Kansas corporation, and DEVELOPMENT SYSTEMS, INC, a Kansas corporation, Appellees. No. 45,185Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT […]
GREENWOOD v. ESTES, SAVINGS LOAN COMMISSIONER, 210 Kan. 655 (1972)
504 P.2d 206 GEORGE W. GREENWOOD and THE TOPEKA SAVINGS ASSOCIATION, Appellant, v. JACK ESTES, State of Kansas Savings Loan Commissioner, Appellee, and STATE SAVINGS LOAN ASSOCIATION, Intervenor. No. 46,650Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. STATUTES — Construction — Act to be Construed as a Whole. The […]
STATE v. CAMPBELL, 210 Kan. 265 (1972)
500 P.2d 21 STATE OF KANSAS, Appellee, v. ROBERT B. CAMPBELL, Appellant. No. 46,031Supreme Court of Kansas Opinion filed July 24, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Death Qualified” Jury on Guilt Determination. While the death penalty in a criminal action cannot be constitutionally imposed by a jury, from which jurors have […]
BLACK v. DON SCHMID MOTOR, INC., 232 Kan. 458 (1983)
657 P.2d 517 B. STEVEN BLACK, Appellee, v. DON SCHMID MOTOR, INC., Appellant, v. PEUGEOT MOTORS OF AMERICA, INC., Appellee, v. NATIONAL BANK OF WICHITA, Intervenor. No. 53,947Supreme Court of Kansas Opinion filed January 14, 1983. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Revocation of Acceptance by Purchaser of Motor Vehicle — Enforcement […]
CITY OF HORTON v. ROBB, 173 Kan. 398 (1952)
246 P.2d 253 THE CITY OF HORTON, KANSAS, a municipal corporation, Plaintiff, v. GEORGE ROBB, Auditor of State of the State of Kansas, Defendant. No. 38,873Supreme Court of Kansas Opinion filed July 9, 1952. SYLLABUS BY THE COURT BONDS — Sewage Disposal System — Authority to Sell Revenue Bonds. The record examined in an original […]
STATE v. DENMARK-WAGNER, 292 Kan. 870 (2011)
STATE OF KANSAS, Appellee, v. CHARLES DENMARK-WAGNER, Appellant. No. 102,234.Supreme Court of Kansas. Opinion filed August 12, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Presentence Withdrawal of Guilty Plea. Under K.S.A. 22-3210(d), a defendant’s guilty plea may, within the discretion of the district court, be withdrawn prior to sentencing for good cause shown. 2. […]
STATE v. INGRAM, 36 Kan. App. 2d xxi (2006)
State v. Ingram. No. 94,622.Court of Appeals of Kansas. September 1, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. LOGAN, 203 Kan. 864 (1969)
457 P.2d 31 THE STATE OF KANSAS, Appellee, v. ANDREW STAR LOGAN, Appellant. No. 45,416Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Possession of Burglary Tools — Instructions — Sufficiency of Evidence. The record on appeal from a conviction of possession of burglary tools under K.S.A. 21-2437 […]
STATE v. KITZMAN, 286 Kan. 1183 (2008)
State v. Kitzman. No. 97,098.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
WILSON v. KANSAS STATE UNIVERSITY, 273 Kan. 584 (2002)
44 P.3d 454 JUANITA S. WILSON, Appellant, v. KANSAS STATE UNIVERSITY and THE INTERCOLLEGIATE ATHLETIC COUNSEL OF KANSAS STATE UNIVERSITY, INC., Appellees. No. 87,651Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. TORTS — Governmental Immunity — Recreational Use Exception — Exception Includes Restrooms Integral to Recreational Property. Immunity under […]
STATE v. BERBERICH, 248 Kan. 854 (1991)
811 P.2d 1192 STATE OF KANSAS, Appellee, v. THOMAS A. BERBERICH, Appellant. No. 65,306Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lesser Included Offense Instructions — Not Required under Facts of Case. Under the circumstances of this case, the trial court was not required by K.S.A. […]
JOHN DEERE CO. v. BUTLER COUNTY IMPLEMENT, INC., 232 Kan. 273 (1982)
655 P.2d 124 JOHN DEERE COMPANY, A Delaware Corporation, Appellee, v. BUTLER COUNTY IMPLEMENT, INC., A Kansas Corporation; UNITED STATES OF AMERICA; FIRST NATIONAL BANK AND TRUST COMPANY; BORG-WARNER ACCEPTANCE CORPORATION, A Delaware Corporation; AUSTIN PRODUCTS, INC., A Texas Corporation; KUBOTA TRACTOR CORPORATION, Appellees, and STATE OF KANSAS, DEPARTMENT OF HUMAN RESOURCES; STATE OF KANSAS, […]
SANDERS v. STATE HIGHWAY COMMISSION, 211 Kan. 776 (1973)
508 P.2d 981 OWEN SANDERS, JR. and KARAN K. SANDERS, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee, and CITY OF KANSAS CITY, KANSAS, a municipal corporation, and J.A. TOBIN CONSTRUCTION COMPANY, Defendants. J.L. BLANKENSHIP and HONEY BLANKENSHIP, Appellants, v. THE STATE OF KANSAS HIGHWAY COMMISSION OF THE STATE OF KANSAS, […]
STATE v. JOHNSON, 91,408 (Kan.App. 10-1-2004)
98 P.3d 303 STATE v. JOHNSON. No. 91,408.Court of Appeals of Kansas October 1, 2004. Appeal from the Geary. Decision Without Published Opinion. Affirmed.
STATE v. WILLIAMS, 37 Kan. App. 2d 404 (2007)
153 P.3d 566 STATE OF KANSAS, Appellee, v. GARY WILLIAMS, Appellant. Nos. 95,155, 95,156, 95,157.Court of Appeals of Kansas. Opinion filed March 16, 2007. Petition for review denied 284 Kan. 951 (2007). SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Right to Appeal Controlled by Statute-Court without Jurisdiction Must Dismiss Appeal. The right to an appeal […]
IN RE APPLICATION OF SOUTHWESTERN BELL TEL. CO., 9 Kan. App. 2d 525 (1984)
685 P.2d 304 In the Matter of the Application of Southwestern Bell Telephone Company. No. 56,717Court of Appeals of Kansas Opinion filed June 18, 1984 Petition for review denied October 2, 1984. SYLLABUS BY THE COURT 1. PUBLIC UTILITY — Tariff Order Arising from Rate Hearing before KCC — Jurisdiction of Court of Appeals to […]
IN RE C.E.M., 284 Kan. 945 (2007)
In re C.E.M. No. 96,914.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 11-22-2002)
58 P.3d 757Court of Appeals of Kansas November 22, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Silva 87475 Sedgwick 11/22/2002 Affirmed State v. Wallace 87494 Shawnee 11/22/2002 Affirmed Jackson v. State 87538 Shawnee 11/22/2002 Affirmed State v. Burton 87687 Sedgwick 11/22/2002 Affirmed Logsdon v. State 87821 Reno 11/22/2002 Affirmed State […]
SLOCUM v. STATE, 32 Kan. App. 2d xxx (2004)
Slocum v. State. No. 90,055.Court of Appeals of Kansas. March 5, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
HILL v. FARM BUR. MUT. INS. CO., 263 Kan. 703 (1998)
952 P.2d 1286 NANCY HILL, Appellee, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant. No. 77,809Supreme Court of Kansas Opinion filed January 23, 1998 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Discovery — Trial Court Discretion — Appellate Review. The control of discovery is entrusted to the sound discretion of the trial court, and orders […]
OXY USA, INC. v. COLORADO INTERSTATE GAS CO., 20 Kan. App. 2d 69 (1994)
883 P.2d 1216 OXY USA, INC., Appellee, v. COLORADO INTERSTATE GAS COMPANY, Appellant, and VIRGIL K. WATSON, JEFFREY J. WATSON, JOHN D. WATSON, KIM W. WATSON, and VIRGIL E. WATSON, Appellees. No. 70,826Court of Appeals of Kansas Opinion filed November 4, 1994 SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction by Appellate […]
McCORMICK v. WILLIAMS, 194 Kan. 81 (1964)
397 P.2d 392 CLOYDE D. McCORMICK and JESSIE McCORMICK, Appellants, v. MARVIN D. WILLIAMS and DONNA F. WILLIAMS, Appellees. No. 43,838Supreme Court of Kansas Opinion filed December 12, 1964. SYLLABUS BY THE COURT NEGLIGENCE — Attractive Nuisance — Swimming Pool in Back Yard. In an action to recover for the drowning of a child in […]
STATE v. RILEY, 93,127 (Kan.App. 1-13-2006)
125 P.3d 1089 STATE v. RILEY. No. 93,127.Court of Appeals of Kansas. January 13, 2006. Appeal from Saline. Decision without published opinion. Affirmed.
LEVIN v. MAW OIL GAS, 290 Kan. 928 (2010)
MICHAEL L. LEVIN, DIANE L. LEVIN, and KANSAS GAS EXPLORATION, LLC, et al., Appellees, v. MAW OIL GAS, LLC and CLARY ENERGY, LLC, Appellants. Nos. 100,132, 100,133, 100,134, 100,135, 100,136, 100,137.Supreme Court of Kansas. Opinion filed: July 16, 2010. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment is […]
NEELY v. ST. FRANCIS HOSPITAL SCHOOL OF NURSING, 188 Kan. 546 (1961)
363 P.2d 438 MARY FRANCES NEELY, Appellee, v. ST. FRANCIS HOSPITAL AND SCHOOL OF NURSING, INC., a Corporation, Appellant. No. 42,320Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT NEGLIGENCE — Improper Administration of Tetanus — Rulings — Excessive Verdict. This is a damage action for personal injuries. Plaintiff, after cutting […]
STATE v. REDMON, 255 Kan. 220 (1994)
873 P.2d 1350 STATE OF KANSAS, Appellee, v. HERBERT W. REDMON, Appellant. No. 69,807Supreme Court of Kansas Opinion filed April 22, 1994. SYLLABUS BY THE COURT 1. JURISDICTION — Appellate Jurisdiction — Dismissal of Appeal for Lack of Jurisdiction. This court has only such appellate jurisdiction as is provided by law. Jurisdiction to entertain an […]
STATE v. BALLARD, 289 Kan. 1000 (2009)
218 P.3d 432 STATE OF KANSAS, Appellee, v. JASON BALLARD, Appellant. No. 100,057.Supreme Court of Kansas. Opinion filed November 6, 2009. SYLLABUS BY THE COURT1. JURISDICTION — Existence of Jurisdiction — Appellate Review. Jurisdiction is a question of law over which we have unlimited review. 2. STATUTES — Interpretation — Appellate Review. Interpretation of statutes […]
STATE v. MASARSK, 198 Kan. 66 (1967)
422 P.2d 557 STATE OF KANSAS, Appellee, v. SIDNEY E. MASARSK, alias ANGELO BONINO, Appellant. No. 44,514Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT APPEAL AND ERROR — Necessity to Appeal from Order Overruling Motion for New Trial — Specifying Ruling as Error. In a criminal proceeding failure to specify […]
TRUGILLO v. EDMONDSON, 176 Kan. 195 (1954)
270 P.2d 219 JACK LUIS TRUGILLO, Petitioner, v. CHARLES EDMONDSON as Warden of the Kansas State Penitentiary at Lansing, substituted for Robert Hudspeth as Warden, Respondent. No. 38,814Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Appointment of Counsel — Statutory Compliance — Validity of Sentence. In […]
STATE v. GONZALEZ, 290 Kan. 747 (2010)
STATE OF KANSAS, Plaintiff/Appellee, v. VALERIE GONZALEZ, Defendant/Appellee, and SARAH SWEET-MCKINNON, Contemner/Appellant. No. 102,400.Supreme Court of Kansas. Opinion filed: June 18, 2010. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Civil Contempt — Issuance of Subpoena — Motion to Quash — Appellate Review. K.S.A. 20-1205 and K.S.A. 60-2102(a)(4) provide appellate jurisdiction to address a civil […]
STATE v. LOPEZ, 271 Kan. 119 (2001)
22 P.3d 1040 STATE OF KANSAS, Appellee, v. ADRIAN ANGEL LOPEZ, Appellant. No. 84,007Supreme Court of Kansas Opinion filed: April 20, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — First-Degree Premeditated Murder — Denial of Request to Change Defense Counsel — Competency of Defendant to Stand Trial — Admissibility of Evidence — Jury Instructions — […]
STATE FARM FIRE CAS. CO. v. MARTINEZ, 26 Kan. App. 2d 869 (2000)
995 P.2d 890 STATE FARM FIRE AND CASUALTY COMPANY, Appellee, v. DANIEL A. MARTINEZ d/b/a INSURANCE CLAIMS CONSULTANT, Appellant. No. 81,037Court of Appeals of Kansas Opinion filed January 14, 2000. SYLLABUS BY THE COURT TORTS — Insurance Contrary to Public Policy to Allow Wrongdoer to Insure Against Civil Penalties Associated with Wrongdoer’s Own Actions. It […]
IN RE MAKER, 280 Kan. 1 (2005)
117 P.3d 880 In the Matter of JOSHUA M. MAKER, Respondent. Bar Docket No. 20409.Supreme Court of Kansas. August 24, 2005. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter signed on August 10, 2005, addressed to the Clerk of the Appellate Courts, respondent Joshua M. Maker of Overland Park, Kansas, […]
MOFFET v. KANSAS CITY FIRE MARINE INS. CO., 173 Kan. 52 (1952)
244 P.2d 228 F.A. MOFFET, Appellee, v. KANSAS CITY FIRE AND MARINE INSURANCE COMPANY, Appellant. No. 38,615Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT 1. INSURANCE — Collision — Striking Embankment Constitutes Collision. An insurance policy which undertakes to insure against damages to a combine resulting from a “collision” without […]
IN RE FAIRHAVEN CHRISTIAN CHURCH, 92,297 (Kan.App. 6-17-2005)
113 P.3d 274 IN RE FAIRHAVEN CHRISTIAN CHURCH. No. 92,297.Court of Appeals of Kansas. June 17, 2005. Appeal from Board of Tax Appeals. Decision without published opinion. Affirmed.
SZOPENSKE v. HAND, 188 Kan. 590 (1961)
363 P.2d 410 GEORGE LEE SZOPENSKE, Petitioner, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Respondent. No. 42,503Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT HABEAS CORPUS — Assistance of Counsel — Writ Denied. The record in an original proceeding for a writ of habeas corpus is examined and, as […]
THUILLEZ v. YELLOW TRANSIT FREIGHT LINES, 187 Kan. 618 (1961)
358 P.2d 676 LUCILLE THUILLEZ, Widow and Guardian of DALE MARCEL THUILLEZ and MICHAEL ANTHONY THUILLEZ, Minors, Dependents of Marcel Thuillez, Jr., Deceased, Appellees, v. YELLOW TRANSIT FREIGHT LINES, INC., and TRUCK INSURANCE EXCHANGE, Appellants. No. 42,299Supreme Court of Kansas Opinion filed January 21, 1961. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Liberal Construction […]
FARMLAND INDUSTRIES, INC. v. KANSAS CORP. COMM’N, 25 Kan. App. 2d 849 (1999)
971 P.2d 1213 FARMLAND INDUSTRIES, INC., Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. WESTERN RESOURCES, INC., KANSAS GAS AND ELECTRIC COMPANY, CITIZENS’ UTILITY RATEPAYER BOARD, and CITY OF WICHITA Intervenors. No. 82,055Court of Appeals of Kansas Opinion Filed January 28, 1999. SYLLABUS BY THE COURT 1. CONTRACTS — Enforcement of […]
BRACK v. KLEWENO, 169 Kan. 569 (1950)
220 P.2d 125 FRED BRACK, Appellant, v. WALTER KLEWENO, et al., Appellees. ELMAN BRACK, Appellant, v. WALTER KLEWENO, et al., Appellees. FRED BRACK, Appellant, v. WALTER KLEWENO, et al., Appellees. Nos. 37,890, 37,934, 37,937Supreme Court of Kansas Opinion filed July 8, 1950. SYLLABUS BY THE COURT 1. TRIAL — When Case Triable. Where a litigant […]
UNIVERSAL FINANCE CORP. v. SCHMID, 177 Kan. 414 (1955)
280 P.2d 577 In re UNIVERSAL FINANCE CORPORATION, INC., a Delaware Corporation, Appellant, v. DON SCHMID, doing business as DON SCHMID MOTOR, INC., Appellee. and UNIVERSAL FINANCE CORPORATION, INC., a Delaware Corporation, Appellant, v. DON SCHMID, doing business as DON SCHMID MOTOR, INC., Appellee. No. 39,473Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS […]
STATE EX REL. McCAIN v. ERDMAN, 4 Kan. App. 2d 375 (1980)
607 P.2d 78 STATE OF KANSAS, ex rel., JAMES A. McCAIN, SECRETARY, KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellant, v. BILL ERDMAN AND LEE BARNETT ENTERPRISES, INC., Appellee. No. 50,501Court of Appeals of Kansas Opinion filed February 22, 1980 SYLLABUS BY THE COURT 1. LABOR — Unpaid Wages — Damages from Employer for Willful Nonpayment. Unpaid […]
JACKSON v. STATE, 204 Kan. 823 (1970)
465 P.2d 927 LONNIE LEE JACKSON, Appellant, v. STATE OF KANSAS, Appellee. No. 45,742Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — Continuance — Burden of Proof. In an action brought by an inmate of the state penitentiary to vacate the sentence […]
IN RE FARMER, 242 Kan. 296 (1987)
747 P.2d 97 In the Matter of MICHAEL W. FARMER, Respondent. No. 60,478Supreme Court of Kansas Opinion filed December 11, 1987. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed December 11, 1987. One-year suspension. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause and […]
MIZER v. KANSAS BOSTWICK IRRIGATION DISTRICT, 172 Kan. 157 (1951)
239 P.2d 370 CHARLES MIZER, R.J. SWEARINGEN, ELMER E. ANDERSON and HOWARD BARBER, Appellees, v. KANSAS BOSTWICK IRRIGATION DISTRICT No. 2, F.H. GARMAN, WARD DOUGLAS, ALBERT BILLINGS and FRED SWOYER, for Himself and Other Landowners similarly situated as Intervenors, Appellants. No. 38,549Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT 1. […]
V.S. DICARLO MASONRY CO. v. HIGGINS, 178 Kan. 222 (1955)
284 P.2d 640 V.S. DICARLO MASONRY CO., INC., Appellant, v. HERMAN F. HIGGINS, Treasurer, Johnson county; GEORGE C. RUSSELL, CLYDE L. CURRY, MARTIN J. ZIEGLER, County Commissioners, Johnson county; FRED ALLEN HALE, County Assessor, Johnson county; D.W. HARRIS, WILLIAM G. ROWE, RALPH MYERS, HAROLD SECHREST, CLIFF TOZIER, City Councilmen, City of Leawood, Appellees. GREAT WESTERN […]
IN RE TAX APPEAL OF SUMNER COUNTY, 261 Kan. 307 (1997)
930 P.2d 1385 IN THE MATTER OF THE APPEAL OF SUMNER COUNTY FROM AN ORDER OF THE BOARD OF TAX APPEALS REGARDING THE APPLICATION OF BOEING MILITARY AIRPLANES FOR RELIEF FROM A TAX GRIEVANCE IN SUMNER COUNTY, KANSAS. No. 73,528Supreme Court of Kansas Opinion filed January 24, 1997. SYLLABUS BY THE COURT 1. APPEAL AND […]
STATE v. LE, 32 Kan. App. 2d xxxvii (2003)
State v. Le. No. 89,460.Court of Appeals of Kansas. November 21, 2003. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
COESTER v. KANSAS DEPT. OF REVENUE, 284 Kan. 945 (2007)
Coester v. Kansas Dept. of Revenue. No. 95,617.Supreme Court of Kansas. May 8, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. PETERS, 5 Kan. App. 2d 44 (1980)
611 P.2d 178 STATE OF KANSAS, Appellee, v. NICHOLAS PETERS, Appellant. No. 51,512Court of Appeals of Kansas Opinion filed May 23, 1980 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Probable Cause to Search Person — Search Warrant of Premises Does Not Automatically Allow Search of Person Who Enters. Premises. A search or seizure […]
CITIZENS’ UTILITY RATEPAYER v. KANSAS CORP., 24 Kan. App. 2d 222 (1997)
943 P.2d 494 CITIZENS’ UTILITY RATEPAYER BOARD, Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. MULTIMEDIA HYPERION TELECOMMUNICATIONS and KANSAS CITY FIBER NETWORK L.P., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. CMT PARTNERS, TOPEKA CELLULAR TELEPHONE COMPANY, INC., and AIRTOUCH CELLULAR OF KANSAS, INC., Appellants, v. […]
DICKENS v. SNODGRASS, DUNLAP CO., 255 Kan. 164 (1994)
872 P.2d 252 CAROL J. DICKENS, Appellant, v. SNODGRASS, DUNLAP COMPANY, Certified Public Accountants, a Partnership; THE CITY OF FREDONIA, KANSAS, a Municipal Corporation; and LARRY MARSHALL, Individually, Appellees. No. 69,942Supreme Court of Kansas Opinion filed April 15, 1994. SYLLABUS BY THE COURT 1. TORTS — Tortious Interference with Contract — Malicious Conduct by Defendant. […]
STATE v. COLEMAN, 92,302 (Kan.App. 8-26-2005)
118 P.3d 177 STATE v. COLEMAN. No. 92,302.Court of Appeals of Kansas. August 26, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
CITY OF WICHITA v. MADDOX, 271 Kan. 445 (2001)
24 P.3d 71 CITY OF WICHITA, Appellee, v. CLIFFORD A. MADDOX, JR., Appellant. No. 82,618Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Municipal Court — Arraignment. The statutory provisions regarding arraignment in the municipal court as set forth in K.S.A. 12-4403 require an accused person to […]
IN RE TAX APPEAL OF NATIONAL COOP. REFINERY, 273 Kan. 500 (2002)
44 P.3d 398 IN THE MATTER OF THE APPEAL OF NATIONAL COOPERATIVE REFINERY ASSOCIATION FROM AN ASSESSMENT OF KANSAS CORPORATE INCOME TAX. No. 87,295Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Board of Tax Appeals — Appeals from Director of Taxation and Director of Property Valuation. […]
JOHNSON v. MILLER, 8 Kan. App. 2d 288 (1982)
655 P.2d 475 VIVIAN M. JOHNSON, Appellant, v. BEAUFORD G. MILLER, II, and FARMERS INSURANCE COMPANY, Appellees. No. 54,148Court of Appeals of Kansas Opinion filed December 23, 1982 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Service of Process — Concealment of Party Being Served — Tolling of Statute of Limitations — Proof Required. In […]