Category: Kansas Court Opinions

681 P.2d 30 STATE OF KANSAS, Appellee, v. WAYMAN L. GEORGE, Appellant. No. 55,992Court of Appeals of Kansas Opinion filed May 17, 1984 SYLLABUS BY THE COURT CRIMINAL LAW — Continuance — Order of Continuance Must Be Made within 180-day Time Limit. An order of continuance made pursuant to K.S.A. 22-3402 must be made within […]

607 P.2d 452 STATE OF KANSAS, Appellee, v. LEONARDO Q. HERNANDEZ, Appellant. No. 50,680Supreme Court of Kansas Opinion filed March 1, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Deposition of Absent Witness Used at Trial — Exception where Absence Procured by Party Offering Deposition. Under K.S.A. 22-3211, providing that the deposition of a […]

738 P.2d 841 RANDY MORRISS and DEBRA WHITE, Appellants, v. COLEMAN COMPANY, INC., RALPH CALL, and ROBERT SLOAN, Appellees. No. 58,967Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT 1. CONTRACTS — Employment Contract — Intention of Parties as to Whether Contract Based on Implied in Fact Theory. Where it is […]

56 P.3d 797 STATE OF KANSAS, APPELLEE, v. JONATHAN DEWAYNE GARCIA, APPELLANT. No. 87,691Supreme Court of Kansas Opinion filed: October 25, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Presumptive Prison Sentence for Gang-related Crime — Apprendi Restrictions Not Applicable. Apprendi v. New Jersey, 530 U.S. 466, 147 L.Ed.2d 435, 120 S.Ct. […]

421 P.2d 190 NORTHERN NATURAL GAS PRODUCING COMPANY, a Corporation, Appellant, v. WAYNE E. McCOY, DIRECTOR OF REVENUE OF THE STATE OF KANSAS, OR HIS SUCCESSOR IN OFFICE, Appellee. No. 44,569Supreme Court of Kansas Opinion filed December 10, 1966. SYLLABUS BY THE COURT 1. TAXATION — Corporate Gross Income — Method of Allocating. G.S. 1949, […]

830 P.2d 29 BANK IV WICHITA, NATIONAL ASSOCIATION, Appellee, v. MARY PLEIN, et al., Defendants, and WILLIAM JOSEPH PLEIN, Appellant. No. 66,691Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction is that the intent of the legislature governs. […]

15 P.3d 359 BRADFORD M. JOHNSON, INDIVIDUALLY AND NATURAL GUARDIAN OF CORRINE LOUISE STEPHENSON-JOHNSON, Appellants, v. SHERRY M. STEPHENSON, Appellee. No. 84,868Court of Appeals of Kansas Opinion filed December 8, 2000. Petition for review denied 271 Kan. 1036 (2001). SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody — Best Interests of Child Determination. […]

686 P.2d 865 WILLIAM G. SCHRAFT, Appellant, v. DAN LEIS, et al., Appellees. No. 55,954Supreme Court of Kansas Opinion filed August 14, 1984. SYLLABUS BY THE COURT 1. CORPORATIONS — Bylaws. The bylaws of a corporation are the rules of law for its government. The term “bylaw” may be further defined according to its function, […]

23 P.3d 176 STATE OF KANSAS, Appellee, v. TRENNIE L. CAMPBELL, Appellant. Nos. 83,255, 83,874Court of Appeals of Kansas Opinion filed: May 11, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — Prosecutor’s Responsibility to obtain Justice. A prosecutor is a servant of the law and a representative of the people of […]

369 P.2d 338 THE HOME INSURANCE COMPANY, INC., Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Appellant. No. 42,489Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT SUBROGATION — Recovery for Cattle Killed by Train — Verdict and Findings Supported by Evidence. In a subrogation action by […]

755 P.2d 562 STATE OF KANSAS, Appellee, v. ALPHONSO S. THOMAS, Appellant. No. 60,523Court of Appeals of Kansas Opinion filed June 10, 1988 Petition for review denied September 27, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Acquittal Motion — Inherent Power of Trial Court to Grant Motion. K.S.A. 22-3419(3) creates a deadline by […]

38 P.3d 694 IN THE INTEREST OF M.R., D.O.B.: 11-14-86 No. 87,313Supreme Court of Kansas Opinion filed: January 25, 2002. SYLLABUS BY THE COURT 1. COURTS — Duty to Decide Actual Controversies, Not Moot Questions. It is the duty of the courts to decide actual controversies by a judgment which can be carried into effect, […]

357 P.2d 798 STATE OF KANSAS, Appellee, v. THOMAS J. SHORES, Appellant. No. 42,135Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT 1. HABEAS CORPUS — No Right to Free Transcript. Section 62-1304, G.S. 1959 Supp., does not provide that the county must furnish an indigent prisoner a free transcript to […]

41 P.3d 868 STATE OF KANSAS, Appellee, v. PAUL A. MILLER, Appellant. No. 86,395Court of Appeals of Kansas Opinion filed: January 25, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Statutory Nonprison Alternatives — District Judge Must Consider Alternatives on the Record before Imposing Prison Sentence. K.S.A. 1998 Supp. 21-4603d(a) requires the district […]

522 P.2d 341 JUSTIN W. FELLERS and GEORGIA FELLERS, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. HEBER JOHANSEN and PAULINE V. JOHANSEN, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. FRANCIS ALVIN THOMPSON and WANDA LOIS THOMPSON, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. […]

110 P.3d 1053 IN RE D.R.L. No. 92,130.Court of Appeals of Kansas. May 6, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

959 P.2d 940 BENJAMIN E. MEEHAN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 77,311Court of Appeals of Kansas Opinion filed May 29, 1998 Petition for review denied 265 Kan. 885 (1998) SYLLABUS BY THE COURT 1. CRIMINAL LAW —Driving under Influence —Suspension of Driver’s License for Failure to Pass Breath Test —Due Process Compliance. […]

563 P.2d 531 EQUITY INVESTORS, INC., a corporation, Appellant, v. AMMEST GROUP, INC., formerly AMMEST, INC., formerly LIBERTY INVESTORS, INC., a corporation, Appellee. No. 48,299Court of Appeals of Kansas Opinion filed April 29, 1977 Petition for review denied June 15, 1977. SYLLABUS BY THE COURT 1. CORPORATIONS — Member Abstaining Counted as Voting with Majority […]

523 P.2d 342 LAVADA ANN BERRY, Appellant, v. FLOYD THOMAS BERRY, Appellee. No. 47,289Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. DIVORCE — Incompatibility Defined. Incompatibility, as a ground for divorce, may be broadly defined as such a deep and irreconcilable conflict in the personalities or temperaments of the […]

198 P.3d 152 MICHAEL FALKNER, et al., Appellees, v. COLONY WOODS HOMES ASSOCIATION, Appellant. No. 98,627.[1] Court of Appeals of Kansas. Opinion filed July 3, 2008. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2007 Kan. Ct. R. Annot. 51). The published […]

122 P.3d 420 STATE v. KELLEY. No. 93,097.Court of Appeals of Kansas. November 10, 2005. Appeal from Coffey. Decision Without Published Opinion. Affirmed.

357 P.2d 782 KEITH MARTIN, Appellant, v. JOSEPH S. DAVIS AS PROBATE JUDGE OF JOHNSON COUNTY, KANSAS, Appellee. No. 42,026Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Supreme Court — Inherent Power. Under article 3, Section 1 of the Constitution of Kansas the supreme court stands […]

14 P.3d 1193 STATE OF KANSAS, Appellee, v. CLIFTON E. LOGAN, Appellant. No. 83,831Court of Appeals of Kansas Opinion filed December 15, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Driving While a Habitual Violator — Revocation of driver’s License as habitual Violator Is Prerequisite to Conviction — Person Who Never had Licensse may Not […]

295 P.2d 615 In the Matter of the Estate of WILLIE J. OSBORN, an Incompetent Person, J.M. FORBES, Appellant, v. LAURANCE R. MULLIKEN, Guardian of the Person and Estate of WILLIE J. OSBORN, an Incompetent Person, et at., Appellees. No. 40,005Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT 1. GUARDIAN […]

258 P.2d 234 WILLIAM B. NOEL, by his wife and next friend, Mrs. W.B. Noel, Appellee, v. ALBERT E. McCAIG, doing business as McCAIG PLUMBING COMPANY, Appellant. No. 38,977Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT 1. PLEADING — Construction on Demurrer — When Petition Sufficient. In an action for […]

620 P.2d 805 THE CAIRO COOPERATIVE EXCHANGE, Appellant, v. THE FIRST NATIONAL BANK OF CUNNINGHAM, Appellee. No. 50,622Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT 1. BANKS — Checks — Restrictive Indorsement — Liability of Bank for Conversion. Where a depositary bank fails to honor a check consistent with a […]

933 P.2d 691 BOARD OF COUNTY COMMISSIONERS OF TREGO COUNTY, KANSAS, Appellant, v. DIVISION OF PROPERTY VALUATION, KANSAS DEPARTMENT OF REVENUE, and GEORGE OVERTON, Appellees. No. 76,574Supreme Court of Kansas Opinion filed March 7, 1997. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Review of Agency Orders. Agency orders are subject to judicial review […]

844 P.2d 37 R.L.J. and J.J.J., By and Through Their Conservator, BRENDA WIENS, Dependents of MICHAEL L. JONES, Deceased, Appellants, and M.P.J., By and Through His Conservator, LYDIA JONES, n/k/a LYDIA SMITH, Alleged Dependent of MICHAEL L. JONES, Deceased, Appellee, v. WESTERN SPRINKLERS, INC., and FEDERATED MUTUAL INSURANCE COMPANY, Appellees. No. 67,933Court of Appeals of […]

125 P.3d 590 STATE v. GRADY. No. 92,930.Court of Appeals of Kansas. December 30, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

91 P.3d 1222 In the Matter of E. THOMAS PYLE, III, Respondent. No. 91,077.Supreme Court of Kansas. Opinion filed June 25, 2004. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed June 25, 2004. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and […]

189 P.3d 494 THE BOARD OF COUNTY COMMISSIONERS OF SUMNER COUNTY, KANSAS; TRI-COUNTY CONCERNED CITIZENS, INC., A KANSAS NOT FOR PROFIT CORPORATION; AND DALTON HOLLAND, AN INDIVIDUAL, Appellants, v. HONORABLE RODERICK L. BREMBY, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE KANSAS DEPT. OF HEALTH AND ENVIRONMENT, THE KANSAS DEPT. OF HEALTH AND ENVIRONMENT, AND […]

684 P.2d 332 IN THE MATTER OF THE ADOPTION OF BABY BOY IRONS ANJANETTE IRONS, Appellant, v. BRUCE LIEBERMAN and SUSAN LIEBERMAN, Appellees. No. 54,911Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. TRIAL — Exclusion of Evidence — Burden of Proof to Show Prejudice by Exclusion. When evidence is […]

325 P.2d 387 RALPH H. PRICE, Appellee, v. A.L. BRODRICK, Appellant. No. 40,907Supreme Court of Kansas Opinion filed May 10, 1958. SYLLABUS BY THE COURT VENDOR AND PURCHASER — Accounting for Farm Crops — Option to Purchase Valid and Enforceable. Plaintiff, as landlord, in equity sought an accounting of 1955 farm crops by reason of […]

480 P.2d 50 STATE OF KANSAS, Appellee, v. WAYNE “BO” MARTIN, Appellant. No. 45,841Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Admitting Knife, Clothing and Photographs into Evidence — Production of Physical Evidence. In a direct criminal appeal in which the defendant was found guilty by […]

919 P.2d 1047 CITY OF WICHITA, Appellee, v. WADE L. PATTERSON, JR., Appellant. No. 74,025Court of Appeals of Kansas Opinion filed June 21, 1996 Petition for review denied 260 Kan. 992 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Right to Appeal — Statutory Authorization. The right to appeal is purely statutory. No court has […]

576 P.2d 629 NORMA MATLOCK, Appellant, v. PAUL MATLOCK, Appellee. No. 48,560Supreme Court of Kansas Opinion filed April 1, 1978. SYLLABUS BY THE COURT HUSBAND AND WIFE — Antenuptial and Post-nuptial Agreements — Public Policy. The general rule in this state is that contracts, made either before or after marriage, the purpose of which is […]

576 P.2d 687 STATE OF KANSAS, Appellee, v. CURTIS RAY HATCH and DURN SMITH, Appellants. No. 49,224Supreme Court of Kansas Opinion filed April 1, 1978. MEMORANDUM OPINION CRIMINAL LAW — Separate Trials for Codefendants — Mandatory Minimum Sentencing for Crimes Involving Firearms — Competency of Defendant to Stand Trial. Appeal from Wyandotte district court, division […]

918 P.2d 651 ANGELA R. HULL et al., Appellants, v. CONRADO AGUSTIN, M.D., et al., Appellees. No. 74,325Court of Appeals of Kansas Opinion filed June 7, 1996 SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Adverse Party’s Failure to Controvert Statements of Uncontroverted Fact — Effect. The failure of an adverse party to controvert statements […]

324 P.2d 130 FRANK WATKINS and THELMA WATKINS, Appellants, v. EARL LAYTON, AUDREY LAYTON, and JOHNNIE MASTERSON, d/b/a BUD’S LOUNGE, Appellees. No. 40,851Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT 1. CHATTEL MORTGAGES — Sale — Conversion by Mortgagee of Excess — Actual and Punitive Damages. Where the mortgagee of […]

599 P.2d 305 EARL L. NEIS, Appellee, v. CONNIE SUE NEIS, Appellant. No. 50,148Court of Appeals of Kansas Opinion filed August 31, 1979 Petition for review denied November 8, 1979. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody Proceedings — Tender Years Doctrine. The tender years doctrine which favored custody of minor children […]

625 P.2d 1129 RUBY IRENE QUESENBURY, GREG FELDMAN and CINDY FELDMAN, Appellees, v. WICHITA COCA COLA BOTTLING COMPANY, INC.; RICHARD D. COX, and AMERICAN INSURANCE COMPANY, Appellees, and TRINITY UNIVERSAL INSURANCE COMPANY, Intervenor-Appellant. No. 52,166Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT 1. ATTORNEY FEES — General Rules — Statutory […]

719 P.2d 7 In the Matter of the Estate of William B. Moe, Deceased. IDA E. TURNER, Appellee, v. WILLIAM W. MOE, Administrator of the Estate of William B. Moe, Deceased, Appellant. No. 57,748Court of Appeals of Kansas Opinion filed May 15, 1986 Rev’d 240 Kan. 242, 729 P.2d 447 (1986). SYLLABUS BY THE COURT […]

154 P.3d 24 In the Matter of the Estate of DONALD E. PRITCHARD, Deceased. No. 94,645.Court of Appeals of Kansas. Opinion filed March 2, 2007. SYLLABUS BY THE COURTESTATES — Jurisdiction of Court to Grant Personal Money Judgment against Attorney for Administrator of Estate Notification of Home-Stead Rights to Widow — Confirmation of Sale of […]

290 P.2d 1027 DARREL ZANE SELBE, Plaintiff, v. ARTHUR HOFFMAN, Warden, Kansas State Penitentiary, Respondent. No. 40,026Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT HABEAS CORPUS — Trial Errors or Irregularities. When one is charged and tried in the district court and convicted of first degree burglary and duly sentenced […]

80 P.3d 1112 In the Matter of MATTHEW B. WORKS, Respondent. No. 87,967.Supreme Court of Kansas. December 4, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Discharge from Probation. ORDER On April 19, 2002, this court placed respondent Matthew B. Works on probation for a period of 18 months with specific conditions of supervision and […]

17 P.3d 340 STATE OF KANSAS, Appellee, v. LINDA K. EVANS, Appellant. No. 84,458Supreme Court of Kansas Opinion filed: January 26, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Instruction of Defendant’s Theory of Case. In a criminal action, a trial court is required to instruct the jury on the law […]

807 P.2d 144 OLIVER K. SMITH, JR., Appellant, v. WILLIAM DEPPISH, as Sheriff of Geary County, Kansas, Appellee. STATE OF KANSAS, Appellee, v. OLIVER K. SMITH, JR., Appellant. Nos. 62,939 63,470Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Delays Charged to Defendant. It […]

341 P.2d 1012 PAN AMERICAN PETROLEUM CORPORATION, a Corporation, Appellee, v. CITIES SERVICE GAS COMPANY, a Corporation, Appellant. No. 41,498Supreme Court of Kansas Opinion filed July 10, 1959. SYLLABUS BY THE COURT ATTORNEYS — Statute Relating to Attorneys from Other States — Statute Construed. Following Slayman v. Steinhoff, 185 Kan. 88, 340 P.2d 98, a […]

426 P.2d 30 ALBERT H. ROBERTS, Appellant, v. HARLEY A. COFFEY, Administrator dbn, cta, of the Estate of Charles T. Roberts, Deceased; HELEN ROBERTS MAY, MARLENE ROBERTS, Natural Guardian of Kim Leslie Roberts, and KIM LESLIE ROBERTS, A Minor, Appellees. No. 44,853Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT SPECIFIC […]

102 P.3d 1 STATE v. OWENS. No. 92,135.Court of Appeals of Kansas December 17, 2004. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

122 P.3d 42 IN RE A.F.M. No. 93,855, 93,856.Court of Appeals of Kansas. November 4, 2005. Appeal from Phillips. Decision without published opinion. Reversed and remanded with directions.

172 P.3d 18 STATE OF KANSAS, Appellee, v. MARDOQUEO GUTIERREZ, Appellant. No. 94,317.Supreme Court of Kansas. December 7, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of evidence is challenged in a criminal case, the standard of review is whether, after review of all the evidence, […]

479 P.2d 854 STATE OF KANSAS, Appellee, v. ARTHUR L. HAMRICK, Appellant. No. 46,111Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Effect of Mental Disability After Commission of Crime. It is the policy of the law not to try persons when they are insane. No person […]

304 P.2d 926 ROBERT O. KOERNER, Appellant, v. FRANK LAWLER, Appellee. No. 40,208Supreme Court of Kansas Opinion filed December 8, 1956. SYLLABUS BY THE COURT 1. LIBEL AND SLANDER — Libel per Quod — Defense of Privilege Must be Pleaded. In an action for libel per quod the general rule is that the defense of […]

661 P.2d 1 DAVID WEBB, SR., Appellee, v. CITY OF LEAVENWORTH, KANSAS, Appellant. No. 54,455Court of Appeals of Kansas Opinion filed April 7, 1983 Petition for review denied 233 Kan. 1093 (1983). SYLLABUS BY THE COURT CIVIL RIGHTS — Employment Discrimination — Sufficiency of Evidence. In an action alleging discriminatory employment practices, it is held […]

787 P.2d 706 STATE OF KANSAS, Appellee, v. TYRONE BRADLEY, Appellant. No. 63,859Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. TRIAL — New Trial — Newly Discovered Evidence — Two-year Statute of Limitations. The two-year limitation for a new trial based on newly discovered evidence, K.S.A. 22-3501(1), terminates questions […]

42 P.3d 182 STATE OF KANSAS, Appellee, v. NICHOLAS D. COX, Appellant. No. 86,852Court of Appeals of Kansas Opinion filed: March 15, 2002. SYLLABUS BY THE COURT 1. TRIAL — Criminal Damage to Property — Proof of Victim’s Damages. It is a part of the duties of a county or district attorney to compile and […]

466 P.2d 354 STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellee, v. EVERETT A. DYE, Administrator With Will Annexed of the Estate of Bertha Dye Lacen, Deceased, Appellant. No. 45,576Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. SOCIAL WELFARE — Claim Against Deceased Wife’s Estate — Assistance Given Predeceased […]

619 P.2d 160 BEVERLY HOWARD, Appellant, v. FARMERS INSURANCE COMPANY, INC., Appellee. No. 50,938Court of Appeals of Kansas Opinion filed November 14, 1980 Petition for review denied January 23, 1981. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Insurance — PIP Benefits — Effective Date of Amendments to Statute. Where a policy of insurance is […]

39 P.3d 675 CATHERINE ESTRADA RODARTE, Appellant/Cross-Appellee, v. KANSAS DEPARTMENT OF TRANSPORTATION, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee/Cross-Appellant, and ASHLAND, INC., AND ASHLAND-WARREN, INC., Appellees. No. 86,859Court of Appeals of Kansas Opinion filed: February 1, 2002. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Appellate Review. If jury instructions are substantially […]

849 P.2d 136 In the Matter of JOELAINE HEAVEN, Respondent. No. 66,231Supreme Court of Kansas December 29, 1992 ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — Discharge from Probation. On July 12, 1991, this court placed respondent on one-year conditional probation with specific conditions of supervision In re Heaven, 249 Kan. 224, 813 P.2d 928 […]

276 P.2d 308 RETTA BURNS (BORCHARDT), Appellant, v. WALTER W. BURNS, Appellee. No. 39,496Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT 1. DIVORCE — Custody of Minor Child — Interest of Child Paramount. When a controversy arises as to the custody of a minor child the primary question to be […]

45 P.3d 1 BRENDA and TONY GEORGE, Appellants, v. TIMOTHY RAE PAULY, M.D., Appellee. No. 84,886[1] Court of Appeals of Kansas Opinion filed: April 13, 2001. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 19, 2002, purusant to Rule 7.04 (2000 […]

907 P.2d 895 In the Matter of JOHN L. WHITE, Respondent. Bar Docket No. 08404Supreme Court of Kansas December 11, 1995 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated December 6, 1995, to the Clerk of the Appellate Courts, respondent John L. White, of Leavenworth, Kansas, an attorney […]

494 P.2d 1224 STATE OF KANSAS, Petitioner, v. ROBERT E. BLASE, Respondent. No. 46,566Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT CONTEMPT — Contempt of Supreme Court Order — Suspending Attorney — Findings of Commissioner — Practicing Law. In an original proceeding for criminal, indirect contempt of a supreme court […]

998 P.2d 509 OWEN LUMBER COMPANY, Appellant, v. ARTHUR CHARTRAND and CAROL CHARTRAND, Appellees. No. 82,228Court of Appeals of Kansas Opinion filed: February 18, 2000. Aff’d 270 Kan. 215, 14 P.3d 395 (2000). SYLLABUS BY THE COURT 1. STATUTORY — Construction. The rules of statutory construction are stated and applied. 2. LIENS — Subcontractor’s Lein […]

872 P.2d 271 KEVIN J. LaBONA, Appellant, v. STATE OF KANSAS, Appellee. No. 68,850Supreme Court of Kansas Opinion filed April 15, 1994. SYLLABUS BY THE COURT CRIMINAL LAW — Indecent Liberties with a Child — Defendant’s Guilty Plea Waived Right to Challenge State’s Failure to Charge Aggravated Incest. In a criminal case wherein the petitioner […]

490 P.2d 649 PATSY J. HECHT, Appellant, v. FIRST NATIONAL BANK TRUST COMPANY of Salina, Kansas, Executor, [substituted for Phillip M. PLATTEN, M.D., (deceased)], and PHYLLIS E. RIPLEY, Executrix, [substituted for G. Sherman Ripley, M.D., (deceased)], Appellees. No. 46,065Supreme Court of Kansas Opinion filed November 6, 1971. SYLLABUS BY THE COURT 1. LIMITATION OF ACTIONS […]

977 P.2d 242 STATE OF KANSAS, Appellee, v. ADAM VALDEZ, Appellant. No. 78,786Supreme Court of Kansas Opinion Filed March 5, 1999 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Late Endorsement of Witnesses — Purpose of Endorsement Required. The purpose of the endorsement of witnesses requirement in a criminal action and a juvenile offender action […]

799 P.2d 1011 SHARON K. HUGHES, Claimant/Appellee, v. INLAND CONTAINER CORPORATION, Respondent/Appellant, and HIGHLANDS INSURANCE COMPANY, Carrier/Appellant. No. 64,352Supreme Court of Kansas Opinion filed October 26, 1990. SYLLABUS BY THE COURT 1. STATUTES — Construction — General Rules. General principles of statutory construction are stated and applied. 2. WORKERS COMPENSATION — Appellate Review — Scope […]

239 P.3d 843 LETHA McGINTY AND HAROLD MICHAEL McGINTY, A/K/A MICHAEL McGINTY, Appellees, v. THERESA M. HOOSIER; MARGARET E.C. CLARDY; EDWARD L. STOUT IV; MARTHA LEE KORBA; EILEEN v. CURTIS; L.J. CURTIS; VICKIE SUE THECKGRAFE, F/K/A VICKIE SUE CURTIS; BEVERLY HIPP, A/K/A BEVERLY CURTIS HIPP; BILLIE HIPP; CHERI L. MACY, F/K/A CHERI L. CURTIS; TAMMY […]

829 P.2d 907 MARK TWAIN KANSAS CITY BANK, Plaintiff/Appellee, v. KROH BROTHERS DEVELOPMENT COMPANY, Defendant, and JOHNSON COUNTY BANK, as TRUSTEE OF THE KROH FOUNDATION, and THE KROH FOUNDATION, et al., Defendants/Appellants. No. 66,889Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application — Burden of Proof […]

793 P.2d 1267 STATE OF KANSAS, Appellee, v. MICHAEL D. KING, Appellant. No. 64,682Court of Appeals of Kansas Opinion filed June 15, 1990 SYLLABUS BY THE COURT 1. STATUTES — Construction. It is a fundamental principle of statutory construction that words in common usage are to be given their natural and ordinary meaning in arriving […]

129 P.3d 95 RONALD V. ODETTE FAMILY LIMITED PARTNERSHIP, Appellant, v. AGCO FINANCE, LLC, D/B/A AGRICREDIT ACCEPTANCE COMPANY, AND SWEETLAND-HINSON EQUIPMENT, INC., Appellees. No. 93,019.[1] Court of Appeals of Kansas. Opinion filed December 2, 2005. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule […]

953 P.2d 1004 In the Matter of KYLE L. LARSON, Respondent. Bar Docket No. 10860.Supreme Court of Kansas Order filed January 14, 1998. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated January 9, 1998, to the Clerk of the Appellate Courts, respondent Kyle L. Larson, of Goodland, an […]

360 P.2d 1104 LEO R. PARTCH, Appellant, v. EMIL HUBELE, Appellee. No. 42,111Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT PLEADINGS — Action Seeking Punitive Damages — Failure to Allege Wanton Negligence — Demurrer. The petition in a personal injury action seeking punitive damages examined, and held the petition failed […]

847 P.2d 690 STATE OF KANSAS, Appellee, v. DARVIN K. LEWIS, Appellant. No. 66,932Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. TRIAL — Credibility of Witness — Admissibility of Evidence of Witness’ Character Traits for Dishonesty or Lack of Veracity. A witness’ credibility may be attacked by showing the […]

642 P.2d 961 WESTGATE STATE BANK, Plaintiff-Appellant, v. CHARLES K. CLARK, JR., and BARRY B. CLARK, Defendants-Appellees. No. 52,937Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Sale of Collateral by Secured Creditor in Other than Commercially Reasonable Manner — Effect on Collection of Deficiency Judgment. […]

888 P.2d 861 STATE OF KANSAS, Appellee, v. KELLY M. DUFF, Appellant. No. 71,040Court of Appeals of Kansas Opinion filed January 20, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Retroactive Application of Sentencing Guidelines Act — Eligibility for Retroactivity. Where a prisoner’s conviction for a pre-July 1, 1993, crime falls within […]

400 P.2d 1018 BONNIE MAE McDANIEL and BONNIE MAE McDANIEL, Administratrix of the Estate of James O. McDaniel, Deceased, Appellants, v. GEORGE DONALD SINN, ALVIN LEROY CLAY and SOUTHWEST FREIGHT LINES, INC., Appellees. No. 44,006Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT TORTS — Injury Occurring in Another State — […]

845 P.2d 86 MID-CENTURY INSURANCE COMPANY, Plaintiff/Appellee, v. WALTER L. SHUTT, Defendant, and BAILEY PERKINS, by and through her next friend and natural guardian, LINDA S. MASON, Defendant/Appellant. No. 67,993Court of Appeals of Kansas Opinion filed January 15, 1993 SYLLABUS BY THE COURT 1. NEGLIGENCE — Negligent Entrustment Distinguished from Negligence. Negligence and negligent entrustment […]

628 P.2d 234 KAREN LaJEANNE FERGUSON, Appellee, v. KEITH DWAIN FERGUSON, Appellant. No. 52,151Court of Appeals of Kansas Opinion filed May 8, 1981 SYLLABUS BY THE COURT DIVORCE — College Educational Fund Established for Children — Distribution of Remaining Fund When Children Reached Majority. In a divorce action wherein the trial court created a college […]

407 P.2d 497 PAUL J. CRISS, Appellee, v. FOLGER DRILLING COMPANY, INC. and MID-CONTINENT CASUALTY COMPANY, Appellants. No. 44,314Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action to Recover Entire Award — Subrogation — Duty to Notify Insurance Company. The record in an action to recover the […]