Category: Kansas Court Opinions

854 P.2d 296 STATE OF KANSAS, Appellee, v. CHARLES J. SCHLEIN and ROBERT W. BURGOON, Appellants. Nos. 67,354, 67,355Supreme Court of Kansas Opinion filed June 16, 1993. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. Interpretation of a statute is a question of law, and it is the function of the court […]

102 P.3d 1205 DISSOLUTION OF PARTNERSHIP OF WOMACK AND INGRAM EX REL. INGRAM v. WOMACK. No. 88,017.Court of Appeals of Kansas December 30, 2004. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

712 P.2d 1223 STATE OF KANSAS, Appellant, v. PETER RINGI, a/k/a PETER RING, a/k/a PETER J. PELLIGRINO, Appellee. Nos. 57,810 and 58,271Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Giving a Worthless Check. Under K.S.A. 1984 Supp. 21-3707, it is not necessary for the worthless check […]

252 P.2d 590 THE EMPORIA WHOLESALE COFFEE COMPANY, Appellant, v. WALTER REHRIG and FRANCES JEAN PETERSON, Appellees. No. 38,808Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. TRIAL — Motion Which Attacks — Findings — When Motion Should Be Presented. A motion which attacks findings of fact should be presented […]

356 P.2d 675 STATE OF KANSAS, Appellee, v. LEON C. SMITHERMAN, Appellant. No. 41,902Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT LARCENY — Lessee Operator Converting Oil to His Own Use — Intent — Sufficiency of Charge. Where a lessor executes an oil and gas lease, the terms of which […]

411 P.2d 647 PAUL IRVING McCALL, Appellant, v. THE STATE OF KANSAS, Appellee. No. 44,412Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Sufficiency of Evidence — Plea of Guilty — Competency of Counsel. The record in a proceeding commenced pursuant […]

15 P.3d 857 M. L. M., a Minor Child by and through her next friend, MATT FROGGATTE, Appellee, v. MOFFITTE DUARTE MILLEN, Appellant. No. 84,730Court of Appeals of Kansas Opinion filed December 22, 2000. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody — Nonresidential Parent Prevented from Havng Access to Child by Residential […]

202 P.3d 81 GABRIEL GAUMER, Appellant, v. ROSSVILLE TRUCK AND TRACTOR COMPANY, INC., A KANSAS CORPORATION; INTERNATIONAL TRUCK AND ENGINE CORPORATION, A DELAWARE CORPORATION; and CNH AMERICA, LLC, A LIMITED LIABILITY COMPANY, Appellees. No. 99,990.Court of Appeals of Kansas. Opinion filed March 6, 2009. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Appellate Review. […]

368 P.2d 57 EDWARD J. HOFFMAN, EUGENE LeROY HOFFMAN and EDNA JANE HOFFMAN, Minors, by their Mother, Donna Irene Hoffman, their Guardian and next friend, Appellants, v. JACKIE E. DAUTEL and DELMAR L. DAUTEL, dba Dautel Brothers; THE HOME INSURANCE COMPANY and THE HOME INDEMNITY COMPANY OF NEW YORK, NEW YORK, Corporations; H.A. SCHROEDER, STATE […]

370 P.2d 396 KENDALL PLUMBING, INC., Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY, Appellee. No. 42,611Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT 1. INSURANCE — Property Liability Policy — Exclusion Clause Construed. A property damage liability policy, containing a clause excluding “damage to or destruction of — any goods […]

443 P.2d 667 MARVIN WILL, Appellee, v. THE CITY OF HERINGTON, KANSAS, (JOHN A. NAGELY, Mayor; D.C. MEULI, Commissioner of Finance Revenue; LESTER B. BEAMES, Commissioner of Streets Public Utilities), Appellant. No. 45,093Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT OFFICERS — De Jure Officer — Legality of Discharge — […]

75 P.3d 263 PENN-AMERICA INSURANCE COMPANY, Appellant, v. MACALA J. JOHNSON, a Minor, by and through her Father, Robert W. Johnson, and DANNY L. LaROSE, and DALTON L. SCHEIB, a Minor, by and through his Paternal Grandmother, Sherry Scheib, Appellees. No. 89,366.Court of Appeals of Kansas. Opinion filed August 29, 2003. SYLLABUS BY THE COURTINSURANCE […]

334 P.2d 394 LEONA WALTERS, Widow, and LEONA WALTERS, as Guardian and for the Benefit of DIANNE MARIE WALTERS, LINDA LOUISE WALTERS and JANET CATHERINE WALTERS, Minors, Dependents of Ernest J. Walters, Deceased Workman, Appellant, v. GREENLAND DRILLING COMPANY and CONSOLIDATED UNDERWRITERS, its Insurance Carrier: MURFIN DRILLING COMPANY and EMPLOYERS CASUALTY COMPANY, its Insurance Carrier; […]

15 P.3d 338 FRANK DOUGAN, Appellee, v. ROSSVILLE DRAINAGE DISTRICT, Appellant. No. 83,543Supreme Court of Kansas Opinion filed December 15, 2000. SYLLABUS BY THE COURT 1. TORTS — Flooding of Land Caused by Construction — Statute of Limitations — Accrual of Cause of Action Determined by Whether Injury Is Permanent or Temporary. Whether the injury […]

715 P.2d 1023 DWIGHT C. LONG, Appellee, v. DEERE COMPANY, JOHN DEERE INDUSTRIAL EQUIPMENT COMPANY, Appellants. No. 57,864Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Verdict Attacked as Contrary to Evidence. When a verdict is attacked on the ground it is contrary to the evidence, […]

403 P.2d 189 ELLEN J. BRICK, Individually, and ELLEN J. BRICK, as Guardian of the Estate and Person of ROBERT J. BRICK, a Minor, both doing business as BRICK’S MEN’S WEAR, Appellants, v. CITY OF WICHITA and THE URBAN RENEWAL AGENCY OF WICHITA, Appellees. No. 44,109Supreme Court of Kansas Opinion filed May 19, 1965. Appeal […]

70 P.3d 1226 STATE OF KANSAS, Appellee, v. TADISHA YONG SPENCER, Appellant. No. 88,924.Court of Appeals of Kansas. Opinion filed June 20, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Probation. Probation from serving a sentence is an act of grace by the sentencing judge and is granted as a privilege, not as […]

780 P.2d 1118 STATE OF KANSAS, Appellee, v. CHARLES A. DeVRIES, Appellant. No. 62,338[1] Court of Appeals of Kansas Opinion filed May 12, 1989 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated July 13, 1989, pursuant to Rule 7.04 (1988 Kan. Ct. […]

195 P.3d 364 MARY RECTOR, Appellant, v. CLIFFORD TATHAM, PATRICIA DISQUE, and RUTH STRICKLAND, Appellees. No. 97,725.Supreme Court of Kansas. Opinion Filed November 21, 2008. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Dismissal of Action for Failure to State Claim for Relief — Appellate Review. When a district court has granted a motion to […]

843 P.2d 695 STATE OF KANSAS, Appellee, v. FRED W. DEAVERS, Appellant. No. 67,190Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offenses — Trial Court Duty to Instruct. The defendant in a criminal prosecution has a right to have the court […]

739 P.2d 444 In the Matter of JOHN R. ELMBORG, Petitioner. No. 49,461 Bar Docket No. 5270Supreme Court of Kansas May 8, 1987 ORDER OF REINSTATEMENT ATTORNEY AND CLIENT — Reinstatement of License. On the 4th day of November, 1977, John R. Elmborg was indefinitely suspended from the practice of law in Kansas. In re […]

255 P.2d 641 CLARENCE C. RICHARDSON, Administrator of the Estate of Leon Richardson, Deceased, Appellee, v. ORDA ERWIN, Appellant. EFFIE F. RICHARDSON, Administratrix of the Estate of Roy Lee Blevins, Deceased, Appellee, v. ORDA ERWIN, Appellant. LESTER BLEVINS, a minor by and through his mother, natural guardian and next friend, EFFIE F. RICHARDSON, Appellee, v. […]

551 P.2d 909 In the Matter of the Petition for Reincorporation of Piper City, Kansas, a City of the Third Class. BURKE A. BETTIS, et al., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF WYANDOTTE COUNTY, KANSAS, Appellee. No. 47,920Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. COUNTIES — […]

358 P.2d 761 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. MYRL CROMWELL and PAN AMERICAN CASUALTY COMPANY, Appellants, and EVERETT D. REID and ELMER ZUMALT, Appellees. No. 42,016Supreme Court of Kansas Opinion filed January 21, 1961. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Review of Findings and Judgment — Scope of Review. […]

718 P.2d 1308 ROBERT McDOWELL and BARBARA McDOWELL, Appellees, v. CITY OF TOPEKA, KANSAS, Appellant. No. 58,654Supreme Court of Kansas Opinion filed May 2, 1986. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Annexation — Construction of Annexation Statutes Is Function of Courts. While the determination to annex real property to a city is […]

105 P.3d 279 DENNY v. CHAMBERS. No. 91,580.Court of Appeals of Kansas February 4, 2005. Appeal from the Johnson. Decision without published opinion. Affirmed.

114 P.3d 191 STATE v. MYERS. No. 93,671.Court of Appeals of Kansas. July 1, 2005. Appeal from the Brown. Decision without published opinion. Affirmed.

531 P.2d 66 RUSSELL CHERRY, JAMES CONDON, DARRELL CROSBY, ROBERT E. HOWELL and LARRY MILLER; and all others similarly situated, Appellants, v. VANLAHI, INC., and HARTER SONS, INC., Appellees. No. 47,559Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Effect of Correct Summary Judgment on Appeal. […]

106 P.3d 65 STATE OF KANSAS, Appellee, v. HOWARD JOHNSON, Appellant. No. 91,589.Court of Appeals of Kansas. Opinion filed October 8, 2004. SYLLABUS BY THE COURT1. EVIDENCE — Rebuttal Evidence — Effect of Erroneous Admission of Rebuttal Evidence. Rebuttal evidence is that which contradicts evidence introduced by an opposing party. The use and extent of […]

552 P.2d 905 STATE OF KANSAS, Appellee, v. MICHAEL YOUNG, Appellant. No. 48,186Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. JUVENILES — Child Not Amenable to Program — Charged as Adult — Statute Constitutional. K.S.A. 38-808 (b) (Weeks) which allows an adjudicated juvenile not amenable to the care, treatment […]

416 P.2d 736 CITIES SERVICE GAS COMPANY, a Corporation, Plaintiff, Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, RICHARD C. BYRD, Chairman, ALVIN F. GRAUERHOLZ and HARRY G. WILES, as members of said Commission, and their respective successors in office, Defendants, Appellees, and THE WOODSON PIPE LINE AND PRODUCING COMPANY, a Corporation, […]

571 P.2d 70 HARRY REDIKER, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant. No. 48,648Court of Appeals of Kansas Opinion filed August 19, 1977 Petition for review denied October 26, 1977. Certiorari granted March 20, 1978. SYLLABUS BY THE COURT 1. FEDERAL EMPLOYERS’ LIABILITY ACT — Safe Place to Work Requirement — Includes […]

714 P.2d 105 STATE OF KANSAS, Appellee, v. DONALD E. HICKS, Appellant. No. 57,959Court of Appeals of Kansas Opinion filed January 30, 1986 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiplicitous Charges in Information or Complaint. The test to determine whether the charges in a complaint or information are multiplicitous is whether one offense […]

758 P.2d 219 JOHN H. BRILLHART, GARY BRILLHART, JUDY BRILLHART, and JOHN SILVA PERRY, Appellants, v. STEVEN SCHEIER and THE CATHOLIC DIOCESE OF WICHITA, Appellees. No. 61,430Supreme Court of Kansas Opinion filed July 11, 1988. SYLLABUS BY THE COURT TORTS — Personal Injury Action — Negligence of Parish Pastor Not Imputed to Diocese. The record […]

254 P.2d 278 HENSLEY HILL, VERONICA MILLER, DOSS WHITE, EMMA KUYKENDALL, F.B. WHITE, CHAS. GRAVES, CHAS. DIXON, R.L. EVANS, BERNHARD KOESTEL, RUSSELL CROTTS, H.O. MILLER, AL. MILLER, JOHN DEUPSER, HAROLD KOESTEL, CLAUDIAN FOUNTAIN, F.E. KRAUSE, ROSS McCOY, FRED DELLENBAUGH, HARRY HILL, and O.L. WILLIAMS, Appellants, v. THE PARTRIDGE COOPERATIVE EQUITY EXCHANGE, a corporation, and Keith […]

65 P.3d 1058 STATE OF KANSAS, Appellee, v. JEFFERY M. HINKLE, Appellant. No. 88,596.Court of Appeals of Kansas. Opinion filed April 4, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Aggravated Escape from Custody. A person commits aggravated escape from custody when he or she escapes while held in lawful custody upon a charge or […]

564 P.2d 568 HELEN M. ELLIS, Appellee, v. MICHAEL L. SKETERS, a minor, by and through his father and next friend, Bill G. Sketers, Appellant. No. 48,258Court of Appeals of Kansas Opinion filed May 20, 1977 Petition for review denied July 11, 1977. SYLLABUS BY THE COURT 1. AUTOMOBILES — “T” Intersection. Traffic approaching or […]

819 P.2d 125 In the Matter of J. WILLIAM STAPLETON, Respondent. No. 66,026Supreme Court of Kansas Opinion filed October 25, 1991. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed October 25, 1991. One-year suspension. J. William Stapleton appeared pro se, and J. Chris Morse, […]

95 P.3d 127 STATE OF KANSAS, Appellee, v. JIMMY R. MILLER, Appellant. No. 90,561.Court of Appeals of Kansas Opinion filed August 13, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law, and an appellate court’s review is unlimited. An appellate court is not bound […]

337 P.2d 678 ADELINE FRANCIS, Appellee, v. THE CITY OF WICHITA, a Municipal Corporation, Appellant. No. 41,301Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT TRIAL — Demurrer to Evidence Overruled — Necessity of Renewing Demurrer or Motion for Directed Verdict. Where a defendant does not stand upon his demurrer to […]

409 P.2d 792 EARL LIGHTCAP, JR., Appellee, v. WILLIAM WAYNE METTLING, Appellant. No. 44,271Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT AUTOMOBILES — Guest Statute — Joint Enterprise. In an action to recover for injuries resulting from the alleged negligence of the driver of an automobile in which plaintiff was […]

691 P.2d 10 JOSEPHINE BURRISS, Appellee, v. NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant. No. 56,331Supreme Court of Kansas Opinion filed November 30, 1984. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Injury Reparations Act — “Monthly Earnings” — Social Security and Retirement Benefits Not Included. Social security and retirement benefits do not constitute “monthly earnings” […]

797 P.2d 162 In The Matter of JON GREGORY LOGAN, Respondent. Bar Docket No. 11217Supreme Court of Kansas July 16, 1990 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. This original proceeding in discipline was commenced on January 25, 1990, by Stanton A. Hazlett, deputy disciplinary administrator, against Jon Gregory Logan, an […]

752 P.2d 661 SCHOLFIELD BROTHERS, INC., Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. No. 60,838Supreme Court of Kansas Opinion filed March 25, 1988. SYLLABUS BY THE COURT CONVERSION — Claim by Secured Party against Tortfeasor’s Liability Insurance Carrier — Conversion Theory Inapplicable under Fact Situation. The legal theory of conversion is discussed and […]

372 P.2d 278 WINIFRED M. SHINDHELM (Widow, B.M. Shindhelm, Deceased), (Claimant), Appellee, v. JIMMY RAZOOK, d/b/a MAX OIL COMPANY and RAZOOK SUPER MARKET (Respondent), and TRAVELERS INSURANCE COMPANY (Insurance Carrier), Appellants. No. 42,815Supreme Court of Kansas Opinion filed June 9, 1962. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Scope of Review — Rules Stated. […]

869 P.2d 640 IN THE MATTER OF THE ADOPTION OF J.H.G., a minor child. No. 69,354Supreme Court of Kansas Opinion filed March 4, 1994. SYLLABUS BY THE COURT 1. ADOPTION — Consent to Adoption Given by Natural Mother — Consent Voidable When Given within Twelve Hours after Child’s Birth. In an adoption proceeding, a consent […]

499 P.2d 1061 In the Matter of the Adoption of PAMELA SUE KLINE, A Minor. JOETTE LYNN KLINE, Appellant, v. MARILYN SUE ANTHONY, Appellee. No. 46,441Supreme Court of Kansas Opinion filed July 19, 1972. MEMORANDUM OPINION ADOPTION — Mother’s Consent Necessary — No Failure to Assume Duties of a Parent — Burden of Proof — […]

680 P.2d 561 In the Interest of SHAWN HOCKENBURY, Appellant. No. 55,390Court of Appeals of Kansas Opinion filed May 10, 1984 SYLLABUS BY THE COURT 1. STATUTES — Prospective or Retrospective Application of New Statute. Ordinarily, a new statute will only operate prospectively unless its language clearly indicates the legislature intended it to operate retrospectively […]

523 P.2d 755 CONCERNED CITIZENS, UNITED, INC., ALEX and ELIZABETH JOHNSON, CLARENCE and AGNES REZAC, JOSEPH and DOROTHY STRAUB, Appellants, v. THE KANSAS POWER AND LIGHT COMPANY, Appellees. No. 47,440Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Nature of Proceeding on Appeal — Issue Permitted. An […]

865 P.2d 1078 STATE OF KANSAS, Appellant, v. MICHAEL DISMAS NINCI, Appellee. No. 69,467[1] Court of Appeals of Kansas Opinion filed December 30, 1993 Petition for review denied 254 Kan. 1009 (1994). [1] REPORTER’S NOTE: Syl. ¶¶ 2, 3, and 4 and corresponding statements in the opinion were overruled in State v. Morris, 255 Kan. […]

784 P.2d 387 PAUL W. SCHOWENGERDT, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 63,589Court of Appeals of Kansas Opinion filed December 29, 1989 SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Suspension of Driver’s License — Extension of Suspension beyond Period of Earlier Suspension. A period of suspension on a validly suspended driver’s license […]

896 P.2d 1089 STATE OF KANSAS, Appellee, v. BRYANT L. COLBERT, Appellant. No. 71,757Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Waiver of Statutory Right. A defendant, by requesting or acquiescing in the grant of a continuance, may waive the statutory right to […]

46 P.3d 558 IN THE MATTER OF CHRISTOPHER E. LUCAS, Respondent. No. 88,402Supreme Court of Kansas Opinion filed: May 31, 2002 ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed May 31, 2002. Suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and was on the formal complaint for the petitioner. Christopher E. […]

77 P.3d 494 WESLEY TALLMAN, Appellee, v. CASE CORPORATION, Appellant. No. 89,966.Court of Appeals of Kansas. Opinion filed October 10, 2003. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Permanent Partial General Disability — Not Applicable if Injured Worker Returns to Previous Job. Under Kansas statutory and case law, the ability of an injured worker to […]

941 P.2d 411 STATE OF KANSAS, Appellee, v. JERRY ARNOLD ROLLINS, Appellant. No. 75,383Court of Appeals of Kansas Opinion filed June 20, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — County Attorney — Appearance as Prosecutor in Another County. A county attorney is not prevented from voluntarily appearing without compensation in another county to […]

712 P.2d 1228 STATE OF KANSAS, Appellant, v. CHRISTAL L. WINTER, Appellee. No. 57,865Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Return of Property to Victim of Crime — Protection of Rights of Defendant and State. It is the duty of the prosecution and the court […]

62 P.3d 708Court of Appeals of Kansas November 16, 2001 Title Docket Appeal Date of Decision Number From Decision State v. McAllister 83404 Reno 11/16/2001 Conviction affirmed, sentence vacated, and case remanded with directions State v. McCurry 84856 Johnson 11/16/2001 Affirmed in part, reversed in part, vacated in part, and remanded with directions

446 P.2d 397 SAMUEL B. WHALEY, Appellant, v. STATE OF KANSAS, Appellee. No. 45,366Supreme Court of Kansas Opinion filed November 9, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence and Rehearing — Possibility of Invoking Habitual Criminal Act — No Error in Denying Evidentiary Hearing. In a K.S.A. 60-1507 proceeding wherein […]

971 P.2d 752 STATE OF KANSAS, Appellee, v. NOLA L. BEAM, Appellant. No. 80,813Court of Appeals of Kansas Opinion filed December 11, 1998. Petition for review denied 266 Kan. 1110 (1999) SYLLABUS BY THE COURT CRIMINAL LAW — Driving under Influence — Consent to Have Blood Withdrawn — Statutory Authorization. K.S.A. 1997 Supp. 8-1001(c) is […]

963 P.2d 1250 STATE OF KANSAS, Appellee, v. RICHARD BUSSELL, Appellant. No. 78,010Court of Appeals of Kansas Opinion filed August 21, 1998. Petition for review denied 266 Kan. 1107 (1998) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty Plea — Trial Court Must Inform Defendant of Direct Penal Consequences of Guilty Plea. Under K.S.A. […]

502 P.2d 827 THE STATE OF KANSAS, Appellee, v. JOHN EDGAR KRESS, Appellant. No. 46,700Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — On-the-scene Identification — Constitutional Rights Not Violated. Where one is arrested as a suspect for having committed theft of an automobile and on-the-scene witnesses […]

427 P.2d 465 NANCY B. HERZMARK, Appellee, v. EDGAR E. HERZMARK, Appellant. No. 44,728Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT 1. DIVORCE — Future Alimony — Modification on Subsequent Order. A decree of future support denominated alimony may be modified on subsequent order of the court as provided by […]

95 P.3d 1012 TRI-COUNTY CONCERNED CITIZENS, INC., et al., Appellees, v. BOARD OF COUNTY COMMISSIONERS OF HARPER COUNTY, Defendant, and WASTE CONNECTIONS OF KANSAS, INC., Appellant. No. 90,988.Court of Appeals of Kansas Opinion filed August 20, 2004. SYLLABUS BY THE COURT1. ZONING — Appellate Review of District Court’s Review of Zoning Authority’s Action. In reviewing […]

95 P.3d 104 STATE OF KANSAS, Appellee, v. ROBERT M. CARVER, Appellant. No. 88,888.Court of Appeals of Kansas Opinion filed August 6, 2004. SYLLABUS BY THE COURT1. CONSTITUTIONAL LAW — Defendant’s Right to Counsel in Criminal Case. Under the Sixth Amendment to the United States Constitution, the right to the assistance of counsel for one’s […]

303 P.2d 129 L.F. PETERSON, Appellant, v. R.O. WILSON and REBA WILSON, Appellees. No. 39,978Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT LANDLORD AND TENANT — Substitution of Tenants — Consent by Landlord — Liability. The record examined in an action to recover damages for alleged breach of a lease […]

69 P.3d 563 STATE OF KANSAS, Appellee, v. JAMES L. GRAHAM, Appellant. No. 87,217.Supreme Court of Kansas Opinion filed May 30, 2003. SYLLABUS BY THE COURT1. TRIAL — Jury Instructions — Error in Giving or Failing to Give Instruction — Timely Objection Required unless Instruction Clearly Erroneous. No party may assign as error the giving […]

392 P.2d 92 MILDRED JACKSON, Appellee, v. JOSEPHINE JACKSON LEE, CHARLES L. JACKSON, FRED E. JACKSON, ROBERT E. JACKSON, ROBERTA MAE POWERS, nee JACKSON, and HOBART McMILLEN, Appellants. No. 43,602Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT 1. WILLS — Word Heirs Construed. Under the provisions of a will which […]

117 P.3d 151 GARNER v. HOFFMAN. No. 93,718.Court of Appeals of Kansas. August 12, 2005. Appeal from Washington. Decision without published opinion. Affirmed.

606 P.2d 102 COLBY DISTRIBUTING CO., INC., et al., Appellees, v. MICHAEL LENNEN, et al., Appellants. No. 51,428Supreme Court of Kansas Opinion filed January 19, 1980. SYLLABUS BY THE COURT 1. INTOXICATING LIQUORS — Police Power of States to Control — Constitutionality of Controls. Pursuant to the Twenty-first Amendment, a state may absolutely prohibit the […]

362 P.2d 658 STATE OF KANSAS, Appellee, v. JOHN WESLEY JACKLINE, Appellant. No. 42,448Supreme Court of Kansas Opinion filed June 10, 1961. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Burden of Establishing Error on Appeal. In a criminal appeal it is incumbent upon the appellant to affirmatively make it appear that reversible error has […]

499 P.2d 1072 In the Matter of the Estate of Minnie Noel, Deceased. FELICIA NOEL BRADY, Appellant, v. JAKE NOEL a/k/a JAKE P. NOEL and MABEL NOONE, Appellees. No. 46,388Supreme Court of Kansas Opinion filed July 19, 1972. MEMORANDUM OPINION WILLS — “Living Immediate Members” Construed. Appeal from Phillips district court; WM. B. RYAN, judge. […]

930 P.2d 18 ALLEN BALDWIN, Appellant, v. BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 418, McPHERSON, KANSAS, and DEBBIE JANTZ, JIM LADUKE, HARRY HECKETHORN, LARRY SHOTTS, VIRGIL SKIPTON, LINDA TOTMAN, and LOWELL SCHMIDT, Appellees. No. 73,572[1] Court of Appeals of Kansas Opinion filed June 7, 1996 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, […]

19 P.3d 800 STATE OF KANSAS, Appellee, v. EMELINE HAZLEY, Appellant. No. 84,538Court of Appeals of Kansas Opinion filed: March 2, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — Proseutor’s Comment on Witness’ Crebility. It is error for a prosecutor to state his or her personal opinion on a witness’ credibility. […]

533 P.2d 1244 ROBERT L. KERN and JUDY E. KERN, d.b.a. THE NON-ESTABLISHMENT, Appellants, v. VERN MILLER; GARY PORTER; JOHN DOE, a/k/a MARCUS PRESTON; and JOE DOE, a/k/a JACK COLLIER, Appellees. No. 47,610Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. TRIAL — When Summary Judgment May Be Granted — […]

44 P.3d 1283 STATE OF KANSAS, Appellee, v. MARVIN K. ROBERTSON, Appellant. No. 86,103Court of Appeals of Kansas Opinion filed: May 3, 2002. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Criminal Defendant’s Right to Counsel — Irreconcilable Conflict between Defendant and Attorney — Attorney’s Motion to Withdraw Should be Granted. A trial court is […]

94 P.3d 734 IN THE MATTER OF THE PETITION OF S.J.K. ON HABEAS CORPUS, A CHILD UNDER THE AGE OF 18 YEARS, TO-WIT, DOB: 06/17/1986. No. 91,678.Court of Appeals of Kansas Opinion filed July 30, 2004. SYLLABUS BY THE COURTJUVENILE JUSTICE CODE — Violation of Condition of Probation or Placement — Statutory Procedure Construed. Portions […]

48 P.3d 8 STATE OF KANSAS, Appellee, v. MICHELLE SWEAT, Appellant. No. 86,536Court of Appeals of Kansas Opinion filed: June 21, 2002. Petition for review denied 274 Kan. 1118 (2002). SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Sufficiency of Charging Document to Confer Jurisdiction — Appellate Review. The sufficiency of a charging document […]

402 P.2d 117 In the Matter of the Estate of L.A. West, Deceased. R.A. Cox et al., Appellants, v. MAMIE WEST, Appellee. No. 44,042Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT 1. CONTRACTS — Rules of Construction as to Antenuptial Contracts. The rules governing the construction of contracts generally are […]