Category: Kansas Court Opinions

838 P.2d 908 DOROTHY MAE SULLWOLD, Appellant, v. WILLIAM R. BARCUS, Appellee. No. 66,528Court of Appeals of Kansas Opinion filed September 11, 1992 Petition for review denied 251 Kan. 942 (1992). SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Tort Action — Amended Petition to Claim Punitive Damages — Statutory Requirements. In a tort action, […]

756 P.2d 1098 STATE OF KANSAS, Appellee, v. RICHARD JOSEPH LONGOBARDI, Appellant. No. 60,741Supreme Court of Kansas Opinion filed June 24, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Self-incrimination — Privilege against Self-incrimination Ends after Sentence Imposed following Guilty Plea. The privilege against self-incrimination ends after sentence is imposed where a plea of […]

940 P.2d 84 THE CESSNA AIRCRAFT COMPANY and SUN LIFE INSURANCE COMPANY OF AMERICA, Appellees, v. METROPOLITAN TOPEKA AIRPORT AUTHORITY, Appellant. No. 74,571Court of Appeals of Kansas Opinion filed June 6, 1997 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Appellate Review. Summary judgment is only appropriate if the record conclusively shows that […]

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 […]

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. […]

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 […]

777 P.2d 1259 ST. PAUL SURPLUS LINES INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, INTERNATIONAL INSURANCE COMPANY, GRANITE STATE INSURANCE COMPANY, and AIU INSURANCE COMPANY, Appellees, v. INTERNATIONAL PLAYTEX, INC., and PLAYTEX FAMILY PRODUCTS, INC., Appellants. No. 62,795Supreme Court of Kansas Opinion filed July 14, 1989. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Long […]

228 P.2d 722 In the Matter of the Estate of Milton R. Regle, Deceased. CORRINE TURNER, Appellant, v. W. ROY MUSHRUSH, Executor of the Last Will and Estate of Milton R. Regle, Deceased, and AVAH DeWITT, Appellees. No. 38,034Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT 1. WILLS — Proceedings […]

914 P.2d 955 In the Matter of JOHN C. WHITAKER, Respondent. No. 72,542Supreme Court of Kansas Opinion filed April 19, 1996. ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Marty M. Snyder, deputy disciplinary administrator, argued the cause for the petitioner. John C. Whitaker, respondent, argued the cause pro se. On January 27, […]

775 P.2d 190 In the Matter of the Marriage of COLLEEN BLAGG, Appellee, and STEVEN ROBERT BLAGG, Appellant. No. 62,612Court of Appeals of Kansas Opinion filed June 2, 1989 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Modification — Prospective Application. A trial court has authority to modify a previous support […]

675 P.2d 926 WILLIAM J. SQUIRES, Appellant, v. CITY OF SALINA; KANSAS POWER LIGHT COMPANY; and BYRON T. BURKE, Appellees. No. 55,682Court of Appeals of Kansas Opinion filed January 19, 1984 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Tolling of Time for Appeal in Limited Action — Effect of Motion to Alter or Amend […]

675 P.2d 379 INDIAN SPRINGS STATE BANK, Plaintiff-Appellee, and WESTGATE STATE BANK, Plaintiff, v. KELLEY’S AUTO SUPPLY, INC., et al., Defendants, and DONNA JO RIVES formerly DONNA JO GOIN, Defendant-Appellant. No. 55,328Court of Appeals of Kansas Opinion filed January 26, 1984 SYLLABUS BY THE COURT 1. INTEREST — Usury — Elements of Proof. Two of […]

590 P.2d 1032 GARY L. BOATRIGHT, Appellee and Cross-Appellant, v. THE BOARD OF TRUSTEES OF BUTLER COUNTY COMMUNITY JUNIOR COLLEGE, Appellant and Cross-Appellee. No. 49,209Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. SCHOOLS — Teachers’ Contracts for Professional Services — Collective Negotiations Law — Binding Terms upon Ratification of […]

898 P.2d 665 CITY OF ARKANSAS CITY, KANSAS, Appellee, v. THE KANSAS DEPARTMENT OF HUMAN RESOURCES, KANSAS EMPLOYMENT SECURITY BOARD OF REVIEW, and KEVIN C. VANDERPOOL, Appellants. No. 72,516Court of Appeals of Kansas Opinion filed July 14, 1995 SYLLABUS BY THE COURT 1. EMPLOYER AND EMPLOYEE — Unemployment Compensation — Employee’s Refusal to Submit to […]

407 P.2d 535 EDNA FINN, Administratrix of the Estate of William Finn, Deceased, Appellee, v. (SISTERS OF ST. JOSEPH OF WICHITA, KANSAS, Defendant); DR. H.J. VEATCH, Appellant. No. 43,934Supreme Court of Kansas Opinion filed November 6, 1965. OPINION OF REHEARING SYLLABUS BY THE COURT 1. WRIT OF PROCESS — Summons — Who May Serve. It […]

267 P.2d 474 GEORGIE STEIFER and PAUL STEIFER, Appellees and Cross-Appellants, v. THE CITY OF KANSAS CITY, KANSAS, A Municipal Corporation; Appellant. No. 39,202Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Dump As a Nuisance — Defense of Governmental Function — Liability. Cities are granted (G.S. […]

573 P.2d 1013 CHARLES B. JENKINS, Appellee, v. KENNY ARNOLD, Appellant. No. 48,537Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT 1. JUDGMENTS — Default Judgment — Motion to Set Aside Because of Excusable Neglect. The basic principles of law to be followed in determining a motion to set aside a […]

549 P.2d 886 STATE OF KANSAS, Appellee, v. JERRY D. GORDON, Appellant. No. 47,957Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Taking Blood Sample — D.W.I. — Search Protected by Bill of Rights and Fourth Amendment. The taking of a blood sample from a person […]

147 P.3d 139 In the Matter of KENT O. DOCKING, Respondent. No. 96,888.Supreme Court of Kansas. Opinion filed December 8, 2006. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — 90-day Suspension. Original proceeding in discipline. Opinion filed December 8, 2006. 90-day suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and […]

971 P.2d 748 JUAN JERMAINE NEAL, Appellant, v. STATE OF KANSAS, Appellee. No. 79,921Court of Appeals of Kansas Opinion filed December 4, 1998. Petition for review denied 266 Kan. 1109 (1999) SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Stipulation by State to Incorrect Criminal History — Stipulation by State to Incorrect Crime Severity […]

289 P.2d 749 WHITE STAR MACHINERY SUPPLY COMPANY, INC., a Corporation, Appellee, v. LYNN ROULSTON and ETTA ROULSTON, Appellants. No. 39,796Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT CHATTEL MORTGAGES — Sale and Resale of Tractor — Failure of Wife to Sign Mortgage — Subterfuge. A tractor was bought and […]

697 P.2d 893 STEVEN LELAND OLSON, Appellant, v. HERB MASCHNER, Appellee. No. 56,735Court of Appeals of Kansas Opinion filed April 11, 1985 Petition for review denied 237 Kan. 887. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Classification of Persons for Distinctive Treatment. Under federal and Kansas equal protection constitutional provisions, a state statute […]

716 P.2d 598 DeELLA ALICE JOHNSON, Claimant-Appellee, v. STATE OF KANSAS, KANSAS NEUROLOGICAL INSTITUTE and STATE SELF-INSURANCE FUND, Respondents-Appellants, and WORKERS’ COMPENSATION FUND, Appellee. No. 58,574Court of Appeals of Kansas Opinion filed April 10, 1986 Aff’d as modified 240 Kan. 123, 727 P.2d 912 (1986). SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Handicapped Employee — […]

853 P.2d 662 STATE OF KANSAS, Appellee, v. RICHARD STONE, Appellant. No. 68,149Supreme Court of Kansas Opinion filed May 28, 1993. SYLLABUS BY THE COURT 1. JURIES — Jury Instruction — Pattern Instruction on Intent Approved. PIK Crim.2d 54.01 (1992 Supp.) relative to intent is considered and held to create a permissible inference rather than […]

281 P.2d 1098 In the Matter of the Estate of J.A. Birney, Deceased. (HAROLD WELLINGTON BIRNEY, ETHEL AGNES ESTES and FAY C. LANE, Appellants, v. ORA A. BIRNEY and J.E. BIRNEY, Appellees.). No. 39,586Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT 1. WILLS — Mental Capacity, Undue Influence — Findings […]

978 P.2d 951 DONALD D. JAYNE, Appellant, v. KENNEDY COE, L.L.C., Appellee. No. 80,996Court of Appeals of Kansas Opinion Filed April 30, 1999. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — General Rules of Construction. The general rules of construction applicable to the interpretation of written contracts are stated and applied. 2. SAME […]

371 P.2d 131 EVERETT L. HUNTER, Appellee, v. AMERICAN RENTALS, INC., Appellant. No. 42,661Supreme Court of Kansas Opinion filed May 5, 1962. SYLLABUS BY THE COURT 1. CONTRACTS — Agreement Exempting Liability for Negligence — Void. A contract, such as more fully set forth in the opinion, that exempts one from liability for consequences of […]

552 P.2d 998 PHILLIP L. EAKES, Appellant, v. HOFFMAN-LaROCHE, INC., and HARTFORD INSURANCE GROUP, Appellees. No. 48,252Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. STATUTES — Construction — Retrospective Effect. A statute will operate prospectively rather than retrospectively unless its language clearly indicates that the legislature intended the latter, […]

485 P.2d 219 STATE OF KANSAS, Petitioner, v. WAYNE W. GRINDOL, Attorney — Respondent. No. 46,302Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT ATTORNEYS — Disciplinary Proceeding — Bank Director Practicing Law — Not Unethical Per Se. The record in disciplinary proceeding is examined and it is held there is […]

197 P.3d 870 IN THE MATTER OF E.R. No. 100,197.Court of Appeals of Kansas. Opinion filed December 12, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Romeo and Juliet Law — Unlawful Voluntary Sexual Relations between Certain Minors — Offender Must Be Older than Victim. The Kansas “Romeo and Juliet” law, K.S.A. 21-3522(a), applies to […]

843 P.2d 257 IN THE MATTER OF MARY CATHERINE JACKSON, Respondent. No. 67,549Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Disciplinary Proceeding — Duty to Cooperate with Investigation. Rule 207(b) (1992 Kan. Ct. R. Annot. 160) imposes a duty on every lawyer subject to the […]

78 P.3d 812 In the Matter of GEARY N. GORUP, Respondent. No. 90,707.Supreme Court of Kansas. Opinion filed October 31, 2003. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed October 31, 2003. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and Stanton […]

469 P.2d 263 THE GOODYEAR TIRE RUBBER COMPANY, Appellant, v. EMPLOYMENT SECURITY BOARD OF REVIEW OF THE STATE OF KANSAS and WILLIAM C. SMITH, Appellees; THE GOODYEAR TIRE RUBBER COMPANY, Appellant, v. EMPLOYMENT SECURITY BOARD OF REVIEW OF THE STATE OF KANSAS and JOHN J. BAUER, Appellees; THE GOODYEAR TIRE RUBBER COMPANY, Appellant, v. EMPLOYMENT […]

714 P.2d 1380 CRAIG FINKBINER, Appellant, v. CLAY COUNTY KANSAS; and MULBERRY TOWNSHIP OF CLAY COUNTY, KANSAS, Appellees. No. 58,390Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. HIGHWAYS AND STREETS — Traffic Signs — Standards for Placing Signs. The Manual on Uniform Traffic Control Devices provides the standards for […]

916 P.2d 723 D. KALYN GRANT, Appellant v. JEDIDIAH T. CHAPPELL, a minor; and RAYMOND PAT ANDREWS Appellees. No. 73,995Court of Appeals of Kansas Opinion filed May 17, 1996 Petition for review denied 260 Kan. 992 (1996). SYLLABUS BY THE COURT 1. TRIAL — Expert Witness Fees — Assessment of Fees to Losing Party — […]

434 P.2d 858 CLAIRE M. PIERCE and HAZEL F. PIERCE, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS, Defendant, and DEAN R. DAVIS, Appellant. No. 44,848Supreme Court of Kansas Opinion filed December 9, 1967. SYLLABUS BY THE COURT 1. TAXATION — Foreclosure of Tax Liens Procedure. K.S.A. (formerly G.S. 1949) 79-2801 et […]

391 P.2d 35 HENRY H. GRANDI, Appellant, v. ROBERT L. THOMAS, Appellee. No. 43,554Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT REPLEVIN — Purchase of Horse by Buyer’s Agent — Power of Agent to Sell. In a replevin action by plaintiff, who had delegated a special agency to another to […]

101 P.3d 253 STATE v. JONES. No. 91,055.Court of Appeals of Kansas December 3, 2004. Appeal from the Franklin. Decision without published opinion. Affirmed in part and dismissed in part.

732 P.2d 1272 STATE OF KANSAS, Appellee, v. BENJAMIN L. HOLCOMB, Appellant. No. 59,575Supreme Court of Kansas Opinion filed February 20, 1987. SYLLABUS BY THE COURT 1. EVIDENCE — Rebuttal Evidence. Rebuttal evidence is that which contradicts evidence of an opposing party but may also corroborate previous testimony. 2. CRIMINAL LAW — Charging of Two […]

118 P.3d 177 LINK, INC. v. RECTOR. No. 92,980.Court of Appeals of Kansas. August 26, 2005. Appeal from Stevens. Decision without published opinion. Affirmed.

504 P.2d 612 In the Matter of the Estate of Minnie P. Goodburn, Deceased. No. 46,752Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. WILLS — Contest and Demand Defined. “A contest of a will” and “a demand against an estate” are defined and distinguished. 2. SAME — Contractual Obligation […]

98 P.3d 672 STATE v. $6,783.00 IN U.S. CURRENCY. No. 91,257.Court of Appeals of Kansas October 8, 2004. Appeal from the Saline. Decision without published opinion. Affirmed.

828 P.2d 923 RICHARD D. WAHWASUCK, Appellee, v. KANSAS POWER AND LIGHT COMPANY, Appellant. No. 66,302Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Directed Verdict — Judgment Notwithstanding the Verdict — Ruling on Motion — Appellate Review. In ruling on a motion for directed verdict, the […]

929 P.2d 153 IN THE MATTER OF THE ESTATE OF ELLEN M. SANDERS, Deceased. No. 75,699.Supreme Court of Kansas Opinion filed December 13, 1996. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Appellate Review. A written instrument may be construed and its legal effect determined by an appellate court regardless of […]

508 P.2d 902 E. CONITA CALLAWAY, an individual, et al., Appellants, v. CITY OF OVERLAND PARK, KANSAS, a municipal corporation, Appellee. No. 46,344Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Business and Occupational Tax — Validity. The Constitution of the State of Kansas empowers a city […]

535 P.2d 441 STATE FARM FIRE AND CASUALTY COMPANY, Appellee, v. DAVID HORNBACK and CAROL HORNBACK, Appellants. No. 47,541Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. COURTS — Rule 6(m) Construed When No Stenographic Record Made. Rule 6 (m) of the Supreme Court, relating to appellate practice, is construed […]

928 P.2d 103 STATE OF KANSAS, Appellee, v. GILBERTO MIRAC SOTO, Appellant. No. 74,155.Court of Appeals of Kansas Opinion filed December 6, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Final Judgment — Pronouncement of Sentence from Bench. In a criminal case, final judgment occurs upon pronouncement of sentence from the bench. 2. SAME […]

594 P.2d 251 CLEMON W. HENDERSON, JR., Appellant, v. DWAYNE M. RIPPERGER d/b/a EASTBORO PHARMACY, Appellee. No. 49,720Court of Appeals of Kansas Opinion filed May 4, 1979 SYLLABUS BY THE COURT LIBEL AND SLANDER — Slander Per Se — Question of Law. Whether words spoken constitute slander per se is a question for determination as […]

782 P.2d 1254 MICHAEL DEAN LAYTON and EDWARD W. LAYTON, Appellants, v. CINDY HEINLEIN a/k/a CINDY CLAYTON, Appellee. No. 63,336Court of Appeals of Kansas Opinion filed December 1, 1989 SYLLABUS BY THE COURT ATTORNEY FEES — Fees Taxed as Costs in Action for Damages under $3000 Involving Negligent Operation of Motor Vehicle. Neither uninsured nor […]

935 P.2d 1041 In the Matter of PATRICK S. DOW, Respondent. No. 11004.Supreme Court of Kansas Opinion filed April 2, 1997. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disbarment. In a letter dated March 24, 1997, to the Clerk of the Appellate Courts, respondent Patrick S. Dow, of Eureka, an attorney admitted to practice law […]

887 P.2d 147 JAMES PAYNE, Appellant, v. KANSAS PAROLE BOARD, et al., Appellees. No. 71,629Court of Appeals of Kansas Opinion filed December 22, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Ex Post Facto Law. For a criminal or penal law to be ex post facto it must be retrospective; that is, it must […]

807 P.2d 120 STATE OF KANSAS, Appellee, v. JIMMIE LEE HOBBS, Appellant. No. 64,625Supreme Court of Kansas Opinion filed March 1, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lesser Included Offense Instruction — When Required. A trial court has an affirmative duty to instruct the jury on all lesser included offenses established by […]

935 P.2d 237 WESTERN VIDEO COLLECTORS, L.P., et al., Appellants, v. MERCANTILE BANK OF KANSAS, Appellee. No. 75,342Court of Appeals of Kansas Opinion filed March 28, 1997 SYLLABUS BY THE COURT 1. CONTRACTS — Choice of Laws Provision — Applicable Statute of Limitations — Procedural Law of Forum State Controls unless Express Agreement Otherwise. Unless […]

438 P.2d 957 BILL BEAMS, CHARLES McDONALD and JIMMY RICE, Trustees of the First Southern Baptist Church, Hays, Kansas, Appellees, v. IRENE WERTH and PETER A. WERTH, Her Husband, Appellants, and FREDA WINTERS, a Single Person, ELEANOR C. WICKIZER and JAMES WICKIZER, Her Husband, and H. SCHWALLER AND SONS, INC., a Corporation, Appellees. No. 44,875Supreme […]

654 P.2d 942 STATE OF KANSAS, Appellant, v. SANDRA KRISS, Appellee. No. 54,026Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Permissive Presumption. A permissive inference or presumption allows — but does not require — the trier of fact to infer the elemental fact from proof by […]

413 P.2d 98 TOM C. CAIN and IVY CAIN, Appellants and Cross-Appellees, v. GROSSHANS PETERSEN, INC., a Corporation, Appellee and Cross-Appellant. No. 44,387Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. CONTRACTS — Breach of Contract for the Sale of Dirt — Conditions for Removal of Dirt — Not a […]

383 P.2d 560 ROBERT WHITBY, an infant, by and through his parent and natural guardian, WILLIAM C. WHITBY, SR., (Plaintiff) Appellee, v. ONE-O-ONE TRAILER RENTAL COMPANY, INC., a Corporation, and LEE ROY PITTMAN, (Defendants) Appellants. No. 43,294Supreme Court of Kansas Opinion filed July 10, 1963. SYLLABUS BY THE COURT NEGLIGENCE — Petition — Res Ipsa […]

277 P.2d 636 J.H. MAI and LENA MAI, Appellees, v. THE CITY OF GARDEN CITY, KANSAS, Appellant. No. 39,507Supreme Court of Kansas Opinion filed December 11, 1954. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Compensation — Elements of Damage — Most Advantageous Use. Full compensation to the owner of land taken under the right […]

143 P.3d 417 STATE OF KANSAS, Appellee, v. BARBARA J. MALONEY, Appellant. No. 95,887.Court of Appeals of Kansas. Opinion filed October 6, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Probation — Restitution. As a condition of probation in a criminal case, the district court must order restitution to the aggrieved party for […]

495 P.2d 530 JAMES WILLIAM SAGEBIEL, Appellant, v. STATE OF KANSAS, Appellee. No. 46,527Supreme Court of Kansas Opinion filed April 8, 1972. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate — No Substitute for Direct Appeal. Appeal from Morton district court; L.L. MORGAN, judge. Opinion filed April 8, 1972. Affirmed. Shelley Graybill, of Elkhart, and […]

115 P.3d 794 STATE v. JOHNSON. No. 91,797.Court of Appeals of Kansas. July 22, 2005. Appeal from Reno. Decision without published opinion. Reversed and remanded with directions.

534 P.2d 1267 JACK L. STICE, LUCRETIA V. STICE, J.R. SMITH, ORVILLE SKETERS, DORIS SKETERS, KELLY SPELLMAN, C.R. SPELLMAN, HARLEY L. SHIELDS, SALLYE B. SHIELDS, LEO POAGE, AUDREY POAGE, J.D. BROOKS, NANCY BROOKS, SHIRLEY KEAL, E.V. HARRIS, JAMES VAUGHN, and ELLIE VAUGHN, Appellants, v. GRIBBEN-ALLEN MOTORS, INC., PARSONS, KANSAS, Appellee. No. 47,614Supreme Court of Kansas […]

464 P.2d 221 MARVIN ELDON DAUGHERTY, Appellant, v. STATE OF KANSAS, Appellee. No. 45,690Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate — Summary Hearing Without Movant or Counsel. In proceedings under K.S.A. 60-1507 when the files and records of the sentencing court conclusively […]

318 P.2d 991 NETTIE MADISON, Appellant, v. KEY WORK CLOTHES, INC., Respondent, Appellee, EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellee. No. 40,776Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Injury Occurring on Way to Work — Injury Not Arising Out of or in Course of […]

79 P.3d 211 STATE OF KANSAS, Appellee, v. TROY A. PERCIVAL, Appellant. No. 89,498.Court of Appeals of Kansas. Opinion filed November 21, 2003. Petition for review denied 277 Kan. 927 (2004). SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission of Evidence — Appellate Review. Generally, an appellate court’s standard of review regarding a trial […]

536 P.2d 1385 DEAN W. MECHTLEY, Appellant, v. BEN PRICE, JR. and RUTH PRICE, Appellees. No. 47,630Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT 1. TRIAL — Summary Judgment — Rules Stated. General rules relating to the propriety of rendition of summary judgment are stated. 2. NEGLIGENCE — Issue of […]

532 P.2d 1051 DANNY JOE WISNER, Appellant, v. STATE OF KANSAS, Appellee. No. 47,588Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Conviction of Charge Not in Information — Denial of Due Process. In a criminal action it is a denial of due process to convict a […]

837 P.2d 842 In the Matter of the Guardianship and Conservatorship of ARZA B. FOGLE. No. 67,299Court of Appeals of Kansas Opinion filed August 21, 1992 SYLLABUS BY THE COURT 1. PROBATE CODE — Guardianship or Conservatorship — Jurisdiction of Court — Statutory Notice Provisions Mandatory. The notice provisions of K.S.A. 59-3010 are mandatory rather […]

163 P.3d 313 ANTHONY J. MARTIN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 94,509.[1] Court of Appeals of Kansas. Opinion filed August 11, 2006. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 ( 2006 Kan. Ct. R. Annot. 50). The published […]

104 P.3d 433 STATE v. BRICHAT. No. 91,573.Court of Appeals of Kansas January 21, 2005. Appeal from the Cloud. Decision without published opinion. Reversed and remanded.

825 P.2d 530 In the Matter of DIANE HENSLEY-MARTIN, Respondent. No. 67,251Supreme Court of Kansas Opinion filed February 28, 1992. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Suspension. Original proceeding in discipline. Opinion filed February 28, 1992. Two-year suspension. Bruce E. Miller, disciplinary administrator, and Paula B. Martin, deputy disciplinary […]

929 P.2d 820 IN THE MATTER OF THE MARRIAGE OF ROSS R. CRANSTON, Appellant, AND CHRISTIE A. CRANSTON, Appellee. No. 75,661Court of Appeals of Kansas Opinion filed January 10, 1997. SYLLABUS BY THE COURT PARENT AND CHILD — Child Support — Divided Custody — Computation of Support Must Be Based on Two Child Support Worksheets. […]

806 P.2d 980 RACHEL McGEE, by and through CHARLIE McGEE, her natural father, guardian, and next friend, Appellee, v. THOMAS C. CHALFANT, Defendant; HERBERT R. HESS, as special administrator of the estate of Curt Cooper, deceased; and SAM LETT, Appellants. No. 65,123Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. […]

23 P.3d 801 STATE OF KANSAS, Appellee, v. CRYSTAL D. GOULD, Appellant. No. 82,641Supreme Court of Kansas Opinion filed: May 25, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Child Abuse — Sufficiency of Evidence — Prosecutorial Misconduct in Closing Argument — Jury Instructions. In a criminal case involving the conviction of a defendant […]

6 P.3d 424 SHANNON D. BELTZ and TINA BELTZ, APPELLEES, v. RAYMOND H. DINGS, APPELLANT. No. 82,140.Court of Appeals of Kansas May 12, 2000. SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTION — Statute of Limitations — Intrepretation and Application — Appellate Review. The interpretation and application of a statute of limitations is a question […]