Category: Kansas Court Opinions

630 P.2d 1086 TROY E. LEMLEY, an infant, by and through Garland Lemley, his Guardian, Plaintiff-Appellee, and GARLAND LEMLEY, Plaintiff, v. LOUIS R. PENNER, Defendant-Appellant. No. 50,805Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Defect on Property — Duty to Disclose. Where a defect complained […]

120 P.3d 808 CONROY v. OAK RIVER INS. CO. No. 93,679.Court of Appeals of Kansas. October 7, 2005. Decision without published opinion. Reversed and remanded.

935 P.2d 218 GEORGE M. PARSONS AND LINDA M. PARSONS, Appellees, v. BISCAYNE VALLEY INVESTORS LIMITED, L.P., FORMERLY BISCAYNE-VALLEY INVESTORS, LTD.; JETZ SERVICE CO., INC.; BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS; TOM’S SEWER SERVICE AND AUGUST L. THORNE; ROOF MECHANICS, INC.; ENRIQUE J. RODRIQUEZ D/B/A HURRICANE MAINTENANCE; ALAN’S PAVINGS and ALAN SCHWAB; Defendants, […]

727 P.2d 468 GEORGIA MURPHY, Appellee, v. IBP, INC., Appellant. No. 58,714Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Compensation for Work-related Injuries to Claimant’s Hands and Arms Simultaneously Aggravated. Where a claimant’s hands and arms are simultaneously aggravated, resulting in work-related injuries to both hands […]

83 P.3d 1212 MANFORD COOPER, Appellee, v. ROGER WERHOLTZ, Appellant. No. 90,558.Supreme Court of Kansas. Opinion filed January 30, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Criminal Statutes and Penalties — Date of Crime Controls Which Version of Statute or Penalty Applies. Criminal statutes and penalties in effect at the time of the criminal […]

988 P.2d 749 QUALITY PAINTING, INC. and HOUSTON GENERAL INSURANCE COMPANY, Appellants, v. TRUCK INSURANCE EXCHANGE, et al., Appellees. No. 81,107Court of Appeals of Kansas Opinion Filed September 10, 1999. SYLLABUS BY THE COURT INSURANCE — Insurer’s Duty to Defend Insured — No Duty under Facts to Defend Insurer’s Intentional Acts. Under the facts of […]

636 P.2d 182 WALTER SPURLING, STEVE BEVER and JOHNA BEVER, CONRAD LIVINGSTON and MARY LIVINGSTON, JACK HARRIGAN and MADALINE HARRIGAN, Appellees, v. KANSAS STATE PARK AND RESOURCES AUTHORITY, Appellant. No. 52,308Court of Appeals of Kansas Opinion filed November 13, 1981 SYLLABUS BY THE COURT 1. REAL PROPERTY — Highway Access to Abutting Property Owners. The […]

911 P.2d 1121 STATE OF KANSAS, Appellee, v. THOMAS D. HUNTER, Appellant. No. 72,681Court of Appeals of Kansas Opinion filed February 23, 1996 Petition for review denied 259 Kan. 929 (1996). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Departure Sentence — Appellate Review. In any appeal from a judgment of conviction imposing […]

502 P.2d 819 STATE OF KANSAS, Appellee, v. WILLIAM E. WIGLEY, Appellant. No. 46,661Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. PRIVACY — Purpose of Statute to Protect Privacy of Communications. The general impact of K.S.A. 1971 Supp. 21-4001 and 21-4002 is to protect the privacy of communication between […]

132 P.3d 950 IN THE MATTER OF THE APPEAL OF WESTERN RESOURCES, INC./KANSAS GAS ELECTRIC COMPANY, FROM AN ORDER OF THE DIVISION OF TAXATION ON DENIAL OF SALES AND USE TAX REFUND CLAIM. No. 92,379.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. TAXATION — Sales and Compensating Use Tax — […]

522 P.2d 183 DILA JOAN OSTRANDER, Appellant, v. RICHARD DEAN OSTRANDER, Appellee. No. 47,320Supreme Court of Kansas Opinion filed May 11, 1974. MEMORANDUM OPINION DIVORCE — Child Support — Division of Property Decree — Modification. Appeal from Wilson district court; GEORGE W. DONALDSON, judge. Opinion filed May 11, 1974. Affirmed. Charles F. Forsyth and Clark […]

76 P.3d 1060 JERRY WAYNE SMITH, Appellant, v. DAVID R. McKUNE, et al., Appellees. No. 89,463.Court of Appeals of Kansas. Opinion filed September 26, 2003. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Docket Fee. The assessment of a docket fee in a civil action is governed by K.S.A. 2002 Supp. 60-2001. 2. SAME — Docket […]

118 P.3d 177 STATE v. WILSON. No. 91,681.Court of Appeals of Kansas. August 26, 2005. Appeal from Cowley. Decision without published opinion. Affirmed in part and reversed in part.

612 P.2d 618 THE CITY OF SALINA, KANSAS, A Municipal Corporation, Appellant, v. HELEN JAGGERS, in her Official Capacity as the Register of Deeds of Saline County, Kansas Appellee, and DAUER IMPLEMENT CO., INC., a Kansas Corporation; THE SALINE COUNTY PLANNING ZONING COMMISSION; THE SALINE COUNTY BOARD OF COUNTY COMMISSIONERS; JOHN FRANCIS COMMERFORD; THOMAS JOHN […]

126 P.3d 1124 STATE OF KANSAS, Appellant, v. JAMES C. WENDLER, Appellee. No. 89,568.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Court Has Duty to Question Jurisdiction on Own Initiative. The right to appeal is purely statutory, and an appellate court has a […]

309 P.2d 651 CHARLES E. ROBINSON, Appellee, v. GEORGE MULLER, Appellant. No. 40,468Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. MASTER AND SERVANT — Relation of Parties — Determination. The existence of an employer-employee relationship, whether it be general or special, ultimately depends upon the existence of express or […]

495 P.2d 1011 HUTCHINSON NATIONAL BANK AND TRUST COMPANY, of Hutchinson, Kansas, Appellant, v. HELEN M. ENGLISH and THE FIRST NATIONAL BANK OF HUTCHINSON, Co-Executors of the Estate of N.F. English, Deceased Partner, and C.S. ENGLISH Surviving Partner of N.F. ENGLISH CONSTRUCTION COMPANY; and WILBUR L. BYBEE, Appellees. No. 46,301Supreme Court of Kansas Opinion filed […]

238 P.3d 278 JOSE MORA SOTO, Appellant, v. CITY OF BONNER SPRINGS, et al., Appellees. No. 96,011.Supreme Court of Kansas. Opinion filed September 3, 2010. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Appellant’s Brief — Issue Not Briefed Deemed Abandoned. An issue not briefed by an appellant is deemed waived or abandoned. 2. APPEAL AND […]

792 P.2d 1005 In the Matter of the Marriage of DONALD EUGENE SOMMERS, Appellant, and TEPIN SOMMERS, Appellee. No. 63,700Supreme Court of Kansas Opinion filed May 25, 1990. SYLLABUS BY THE COURT 1. DIVORCE — Fault — Admissibility of Evidence of Fault. In domestic relations actions “fault” is a term of art relating to the […]

430 P.2d 264 STATE OF KANSAS, Appellee, v. CLARENCE E. MOTLEY, Appellant. No. 44,528Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant As Witness — Evidence of Prior Conviction Inadmissible to Impair Credibility. Under the provisions of K.S.A. 60-421, when the accused in a criminal proceeding […]

363 P.2d 412 In the Matter of the Estate of Charles Bertrand, Deceased. (STOWELL AND STOWELL, Appellants, v. HARRY FRANDSEN, Executor, Appellee.) No. 42,310Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Ancillary Proceeding — Failure to Pay Attorney Fees — Order of Final Settlement — […]

676 P.2d 1281 STATE OF KANSAS, Appellee, v. LEWIS JONES, JR., Appellant. No. 55,733Supreme Court of Kansas Opinion filed February 18, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Eyewitness Identification — Cautionary Jury Instruction Required When Reliability of Identification an Issue. In any criminal action in which eyewitness identification is a critical part […]

426 P.2d 138 FLOYD DOTSON and DAVID W. DOTSON, Appellants v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 44,785Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Condemnor’s Duty to Ascertain Parties — Owners and Lienholders of Record. Under the eminent domain procedure act (K.S.A. 26-501, et […]

352 P.2d 1060 NORTH RIVER INSURANCE COMPANY, Appellant, v. AETNA FINANCE CO., Appellee. No. 41,822Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Review of Facts — On Stipulation. When an action in the district court is tried to the court upon a written stipulation of […]

213 P.2d 960 LLOYD K. BARHAM, FRED HUMMER and JULIUS FREDERICK, Appellees, v. THE GOVERNING BODY OF THE CITY OF CHANUTE, Appellant. No. 37,742Supreme Court of Kansas Opinion filed January 28, 1950. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Extention of Water Service — Benefit District — “Resident Property Owners” — Defined. Under our statutes […]

882 P.2d 1009 STATE OF KANSAS, Appellee, v. ROBERT ALLEN EMERSON, Appellant. No. 70,691Court of Appeals of Kansas Opinion filed October 21, 1994 Petition for review denied 256 Kan. 996 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Appellate Review. When a sentence is within the statutory limits, it will not be […]

579 P.2d 146 STATE OF KANSAS, Appellee, v. RICKY JACQUES, Appellant. No. 48,898Court of Appeals of Kansas Opinion filed May 12, 1978 Affirmed as modified, 225 Kan. 38. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Magistrate’s Probable Cause Determination to Issue Warrant — Review by Appellate Court. Where a search is based upon […]

262 P.3d 689 STATE OF KANSAS, Appellee, v. ROBERT STEVENSON, Appellant. No. 104,115Court of Appeals of Kansas Opinion filed: September 16, 2011. SYLLABUS BY THE COURT 1. Following a traffic stop, a warrantless search of an automobile is permissible if there is probable cause to believe the vehicle contains contraband. 2. Under the facts of […]

396 P.2d 323 STATE OF KANSAS, Appellee, v. LEROY E. ROBERTSON, Appellant, and JERRY SNYDER, Defendant. No. 43,945Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Judgment and Sentence — Application for Parole — Acquiescence in Judgment — Review Precluded. An indigent defendant in a criminal action represented […]

836 P.2d 6 CITY OF CHANUTE, KANSAS, and BANK OF COMMERCE, CHANUTE, KANSAS, Plaintiffs, v. IRENE POLSON, individually and on behalf of the Class of Senior (Coupon) Bondholders, Defendants-Appellants, and JACK W. BROWN, CAROL F. BROWN, OPAL B. BROWN, EVA I. PARR, PAUL NELSON, PEARL NELSON and MARLENE SPENCE, the same being Registered Bondholders, Defendants-Appellees, […]

154 P.3d 524 STATE OF KANSAS, Appellee, v. RYAN N. SHAW, Appellant. No. 95,936.Court of Appeals of Kansas. Opinion filed March 30, 2007. Petition for review denied 284 Kan. 950 (2007). SYLLABUS BY THE COURT1. CRIMINAL LAW — Preliminary Hearing — Probable Cause to Bind Defendant Over for Trial — Appellate Review. An appellate court […]

414 P.2d 50 THE STATE OF KANSAS, Appellee, v. WILLARD V. CROWE, Appellant. No. 44,219Supreme Court of Kansas Opinion filed May 7, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Grand Larceny — Evidence of Theft — Evidence of Prior Wrongdoings — Habitual Criminal Act — Venue. The record of trial in a criminal prosecution […]

898 P.2d 1121 STATE OF KANSAS, Appellee, v. WALTER L. JENKINS, Appellant. No. 70,958Supreme Court of Kansas Opinion filed June 20, 1995. SYLLABUS BY THE COURT 1. COURTS — Duty of Court to Protect Defendant’s Rights in Trial. A trial judge has an independent duty to ensure that a criminal defendant receives a trial that […]

82 P.3d 854 KATHY A. TALBOT, Appellant, v. DWIGHT L. PEARSON, Appellee. No. 90,746.Court of Appeals of Kansas. Opinion filed January 16, 2004. Petition for review denied 277 Kan. 928 (2004). SYLLABUS BY THE COURT1. DIVORCE — Child Custody — Modification — Verification of Motion to Modify Not Jurisdictional. The verification requirement of K.S.A. 2002 […]

886 P.2d 831 STATE OF KANSAS, Appellee, v. JOHN L. HALLOWAY, Appellant. No. 70,539.Supreme Court of Kansas Opinion filed December 9, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review on appeal is […]

975 P.2d 1208 STATE OF KANSAS, Appellee, v. UNDRA D. LEE, Appellant. No. 80,768Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Sentence within Statutory Limits — Appellate Review. When a sentence is within the statutory limits, it will not be disturbed on appeal unless […]

541 P.2d 695 GERALD BERAN; A.A. McNEIVE and TOM CHISM, County Commissioners of Barton County, Kansas; RUTH PAINTER, County Clerk of Barton County, MRS. LEEDY MYERS, County Treasurer of Barton County, Kansas, Appellees, v. CHARLES B. JOSEPH, RALPH McCARTY; EUGENE E. LEE; HOWARD F. LAWRENCE; and RUDOLPH E. STEPHEN, Board of Tax Appeals of the […]

414 P.2d 75 STATE OF KANSAS, Appellee, v. GEORGE A. FOUNTAINE, Appellant. No. 42,337Supreme Court of Kansas Opinion filed May 7, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Hearing — Failure to Appoint Counsel — No Constitutional Rights Violated. Failure to appoint counsel for an accused at his preliminary examination does not […]

590 P.2d 1021 CAROLYN J. THREADGILL, Appellee, v. ELIZABETH BEARD, Appellant. No. 49,014Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Limited Actions — Service of Process. Leaving a copy of a document at a place other than the defendant’s actual residence is not valid service under […]

441 P.2d 301 STOCKYARDS NATIONAL BANK, Appellant, v. CAPITOL STEEL AND IRON COMPANY, a corporation, Appellee; KANSAS STEEL CORPORATION, et al., Defendants. No. 45,038Supreme Court of Kansas Opinion filed June 8, 1968. SYLLABUS BY THE COURT MORTGAGES — Foreclosure — Priorities. The record of trial in an action to foreclose first and second mortgages on […]

87 P.3d 345 STATE OF KANSAS, Appellee, v. CARMEN E. LAZOS, Appellant. No. 90,503.Court of Appeals of Kansas. Opinion filed April 9, 2004. Petition for review denied 278 Kan. 850 (2004). SYLLABUS BY THE COURT1. CRIMINAL LAW — Violent Offender — Statutory Definition Includes Person Convicted of Involuntary Manslaughter — Certification as Violent Offender. K.S.A. […]

362 P.2d 15 CHARLES R. WISE, SR., Appellee, v. ROBERT W. BROCK, Appellant. No. 42,219Supreme Court of Kansas Opinion filed May 13, 1961. SYLLABUS BY THE COURT DISMISSAL AND NONSUIT — Right to Dismiss Before Submission. Under the statute (G.S. 1949, 60-3105) the right of a plaintiff to dismiss his action without prejudice at any […]

657 P.2d 1121 ROBERT L. RIEKE BUILDING Co., INC., Plaintiff-Appellant, v. CITY OF OVERLAND PARK, KANSAS, Defendant-Appellee/Cross-Appellant. No. 54,589Supreme Court of Kansas Opinion filed January 14, 1983. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — General Rules. The rules relative to the determination of the constitutionality of statutes and city ordinances are stated and […]

416 P.2d 729 STATE OF KANSAS, Appellee, v. WILLIAM NAY WOOD, Appellant. No. 43,155Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURES — Constitutional Protection Against Unreasonable Search. The fourth amendment to the United States Constitution protects the individual only from “unreasonable” searches and seizures; the question […]

796 P.2d 543 IN THE INTEREST OF S.M.Q., a Minor Child under Eighteen Years of Age. No. 63,382Supreme Court of Kansas Opinion filed July 19, 1990. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Termination of Parental Rights — Scope of Appellate Review. The applicable scope of review for the appellate courts in a […]

49 P.3d 506 J.E. AKERS CO., INC., a dissolved Kansas Corporation, Appellee, v. ADVERTISING UNLIMITED, INC., and MCCLEERY-CUMMINGS COMPANY, INC., Appellants. No. 88,254Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. CORPORATIONS — Authorizing Sale of Corporate Property — Whether Subject to Liens Is Interpreted and Applied. The provisions of […]

422 P.2d 906 BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS: DAROLD D. MAIN, Chairman; and JOHN R. HILLER and RICHARD B. HANGER, Members, Appellants, v. SAM BROOKOVER, ROBERT E. LEE GRAHAM, PERRY OWSLEY and GEORGE D. WAGSTAFF, Members of the State Board of Tax Appeals and The Board’s Attorney-Secretary, Appellees. No. 44,534Supreme Court of […]

622 P.2d 658 STATE OF KANSAS, Appellant, v. TY W. RUSSELL, Appellee. No. 52,129Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Assault of Law Enforcement Officer — Eluding Police Officer Not Lesser Included Offense. K.S.A. 8-1568 (fleeing or attempting to elude a police officer) is […]

114 P.3d 1000 ADAMS v. BUTLER COUNTY. No. 93,249.Court of Appeals of Kansas. July 8, 2005. Appeal from Butler Decision without published opinion. Affirmed.

424 P.2d 265 J.J. JARNAGIN, Appellee, v. VERNER F. DITUS, Appellant. No. 44,669Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. TRIAL — Ruling on Motion for Summary Judgment. When ruling on a motion for summary judgment, a court must resolve against the movant any doubt as to the existence […]

505 P.2d 717 E. ARTHUR TINGLE, Appellant, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, and JOSEPH A. REDMOND, JR., also known as BUD REDMOND, Appellee. No. 46,533Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Property Declared Unsafe and Dangerous — Notice — Failure to […]

369 P.2d 342 FRED GORRELL, Appellant, v. KANSAS POWER AND LIGHT COMPANY, a Kansas Corporation, Appellee, PENNSYLVANIA THRESHERMEN AND FARMERS MUTUAL CASUALTY INSURANCE COMPANY, Intervenor. No. 42,552Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action Against Negligent Third Party — Right of Insurance Carrier to Participate in […]

785 P.2d 977 BONNIE HAMMIG, Appellant, v. THOMAS FORD, Appellee. No. 62,579Supreme Court of Kansas Opinion filed January 19, 1990. SYLLABUS BY THE COURT TORTS — Negligence — Causal Connection between Act and Injury Required as Matter of Law — Summary Judgment for Defendant Upheld on Appeal. Under the circumstances of this case, the trial […]

689 P.2d 901 STATE OF KANSAS, Appellee, v. RICHARD ROGER BRESSMAN, Appellant. No. 56,698Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape Shield Statute — Admissibility of Victim’s Prior Sexual Conduct. The rape shield statute (K.S.A. 1983 Supp. 21-3525) allows evidence of an alleged rape victim’s […]

398 P.2d 358 PAT TALBOTT, Appellee, v. W.G. TALBOTT, Appellant. No. 43,871Supreme Court of Kansas Opinion filed January 23, 1965. SYLLABUS BY THE COURT PARENT AND CHILD — Custody to Mother — Change of Domicile — Change of Support Order — Jurisdiction. In the district court of Sedgwick county the parents of a minor child […]

883 P.2d 1182 In the Matter of DONALD H. DIGGS, Respondent. No. 71,436.Supreme Court of Kansas Opinion filed October 28, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed October 28, 1994. Disbarment. Bruce E. Miller, disciplinary administrator, argued the cause and was on the […]

651 P.2d 961 EDITH PALMER, As Executrix of the Estate of CELOUS E. BRANDENBURG, Deceased, Plaintiff-Appellant, v. ORVILLE LEROY BRANDENBURG, ONETA RUTH MAKIN, IRENE ADA EDGAR and MABEL ORRA HAZEN, Defendants-Appellants, and MELVIN W. BRANDENBURG, ORRA MAE LINDBERG, DOROTHY A. NORMAN, FLOYD W. BRANDENBURG, LORENE CAMPBELL, AVIS ELAINE DECKER, EMMA LOU WENDLER, DAVID DEAN BRANDENBURG, […]

652 P.2d 683 STATE OF KANSAS, Appellee, v. WALTER NORMAN, Appellant. No. 53,941Supreme Court of Kansas Opinion filed October 22, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Discovery — Delay in Ruling on Motion — Effect on Fair Trial of Defendant. Delay in ruling on pretrial discovery motions can prevent a defendant from […]

320 P.2d 1039 W.F. TEMPLE, LUCY TEMPLE, MELVIN TEMPLE, J.L. TEMPLE, MAY LIVINGSTON, KATHRYN L. EMLER, CARRIE MOWREY, GEORGIA G. PATEE, HAROLD GIBSON and SOUTHLAND ROYALTY CO., (Plaintiffs), Appellees, v. CONTINENTAL OIL COMPANY, a Corporation, CITIES SERVICE OIL COMPANY, a Corporation, and SHELL OIL COMPANY, a Corporation, (Defendants), Appellants, and ARGO OIL CORPORATION, (Defendant), Appellee. […]

558 P.2d 1075 STATE OF KANSAS, Appellee, v. SAMUEL KANIVE, Appellant. No. 48,131Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. EVIDENCE — Exception to Hearsay Rule — Confession Must Be Voluntary. To be admissible in evidence, as an exception to the hearsay rule under K.S.A. 60-460 (f), a confession […]

873 P.2d 188 STATE OF KANSAS, Appellee, v. JOHNNIE L. HERVEY, Appellant. No. 69,927Court of Appeals of Kansas Opinion filed April 22, 1994 Petition for review denied 255 Kan. 1005 (1994). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Retroactive Application of Judicial Decision. A judicial decision will be applied retroactively unless it establishes […]

710 P.2d 1241 In the Matter of the Estate of John F. Jud, Jr., Deceased. LINDA MARK and TERRI KERRIGAN, Appellants, v. JEAN N. JUD, Executrix, Appellee. No. 56,989Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. WILLS — Joint Will — Legal Effect. A will although jointly executed by […]

493 P.2d 235 STATE OF KANSAS, Appellee, v. DELBERT WILSON CALDWELL, Appellant. No. 46,500Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea Discussion — Promise Not to Invoke Habitual Criminal Act — Plea Must Be Voluntary. A guilty plea induced by a prosecuting attorney’s promise not […]

485 P.2d 1388 CLARA M. KOEPP, Appellee and cross-appellant, v. JOHN D. PRIBYL, Executor of the Estate of Edward C. Koepp, deceased, and JOHN D. PRIBYL, individually, and LAURA PRIBYL, Appellants and cross-appellees. No. 45,982Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT CONTRACTS — Property Settlement Between Husband and Wife […]

798 P.2d 519 FIRST NATIONAL BANK OF MEDICINE LODGE, KANSAS, Appellant, v. FAMILY MEDICINE CLINIC OF MEDICINE LODGE, KANSAS, P.A., a/k/a FAMILY MEDICINE CLINIC, INC., AND FIRST NATIONAL BANK OF SYRACUSE, KANSAS, Defendants, KATHY WATKINS, NORA K. BRYAN, GRETTA WINBORNE, JAN SHELDON, JANET CHANCE, MARY THEIS, LORI SWANSON, JULIE SMITH, PATRICIA HARVEY, AND GAYLE WRIGHT, […]

282 P.2d 373 JOHN M. HOWELL and ESTHER L. HOWELL, Appellants, v. CITY OF HUTCHINSON, RENO COUNTY, KANSAS, Appellee. No. 39,686Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Filing Claim with City Clerk — Condition Precedent. The statute appearing as G.S. 1949, 12-105 is a valid […]

947 P.2d 25 STATE OF KANSAS, Appellee, v. KELLY L. WILLIAMS, Appellant. No. 77,168Supreme Court of Kansas Opinion filed October 31, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Jury Instructions — Lesser Included Offense. The analysis of whether the jury should have been instructed on lesser included offenses in a […]

499 P.2d 1056 JOSEPH ANDERSON, Administrator of the Estate of Margaret M. Smith, Appellee, v. IRMA C. WHITE and ROBERT W. WHITE, Appellants. No. 46,379Supreme Court of Kansas Opinion filed July 19, 1972. MEMORANDUM OPINION NEGLIGENCE — Gross and Wanton Negligence Discussed. Appeal from Johnson district court, division No. 1; HERBERT W. WALTON, judge. Opinion […]

124 P.3d 86 IN RE M.A.S. No. 92,558.Supreme Court of Kansas. December 9, 2005. Appeal from Sedgwick. Decisions Without Published Opinions. Affirmed.

254 P.3d 1271 STATE OF KANSAS, Appellee, v. BRIAN A. GILBERT, Appellant. No. 100,150.Supreme Court of Kansas. Opinion filed: July 15, 2011. SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter jurisdiction — Standing — Issue May Be Raised for First Time on Appeal. Standing is a component of subject matter jurisdiction and may be raised […]

101 P.3d 253 STATE v. ANDERSON. No. 91,508.Court of Appeals of Kansas December 3, 2004. Appeal from the McPherson. Decision without published opinion. Sentence vacated, and case remanded with directions.

493 P.2d 261 LEWIS EDWARD COVERLY, Appellant, v. THE STATE OF KANSAS, Appellee. No. 46,491Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Several Offenses Involved in Single Transaction — Test Stated. A test concerning whether a single transaction may constitute two separate and distinct offenses is […]

98 P.3d 304 BIRD v. KANSAS STATE BD. OF TECHNICAL PROFESSIONS. No. 91,713.Court of Appeals of Kansas October 1, 2004. Appeal from the Shawnee. Decision Without Published Opinion. Affirmed.

936 P.2d 255 STATE OF KANSAS, Appellee, v. TERI JANE FORD, Appellant. No. 76,808Supreme Court of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — “Border Boxes” — Optional Nonprison Sentence Provided Effective July 1, 1996. The amendment to K.S.A. 21-4705, effective July 1, 1996, designates certain grid […]

506 P.2d 1140 STATE OF KANSAS, Appellee, v. WILLIAM F. HUESING, Appellant. No. 46,891Supreme Court of Kansas Opinion filed March 3, 1973. MEMORANDUM OPINION CRIMINAL LAW — Uttering Forged Instrument — Sentence — Cruel and Unusual Punishment. Appeal from Reno district court, division No. 1; WILLIAM A. GOSSAGE, judge. Opinion filed March 3, 1973. Affirmed. […]