Category: Kansas Court Opinions

67 P.3d 168 DOYCE BATES, Appellant, v. STATE OF KANSAS, DEPARTMENT OF CORRECTIONS, Appellee. No. 88,757.Court of Appeals of Kansas. Opinion filed April 25, 2003. SYLLABUS BY THE COURTTORTS — Claim against State by Inmate for Injuries Suffered While Incarcerated — Exhaustion of Administrative Remedies. K.S.A. 75-52,138; K.S.A. 42-920; K.A.R. 44-15-101a(d)(2); and K.A.R. 44-16-104(b) are […]

178 P.3d 66 KAIL M. KATZENMEIER and REBECCA J. KATZENMEIER, Appellants, v. LYSLE R. OPPENLANDER, Appellee. No. 98,025.Court of Appeals of Kansas. Opinion filed March 14, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgement — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, […]

14 P.3d 424 IGNACIO LUJAN, Appellant, v. STATE OF KANSAS, Appellee. No. 81,366Supreme Court of Kansas Opinion filed December 8, 2000. SYLLABUS BY THE COURT 1. Habeas Corpus — Prisoner’s Challenge to Legality or Constitutionality of Sentence — K.S.A. 60-1507 Motion to Sentencing Court. A prisoner in custody under a sentence of a court of […]

97 P.3d 501 FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Appellant, v. DAMIAN GARCIA and EAGLE INSURANCE COMPANY, Appellees. No. 91,560.Court of Appeals of Kansas. Opinion filed September 17, 2004. Petition for review denied 278 Kan. 844 (2005). SYLLABUS BY THE COURTINSURANCE — Personal Injury Protection Benefits — Insurer’s Refusal to Pay — Reasonable Proof or Good […]

934 P.2d 154 MIDWEST PROPERTIES, L.C., Appellee, v. SHERRY HARVEY, Appellant. No. 75,062Court of Appeals of Kansas Opinion filed February 21, 1997 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Appeal Taken Out of Time — Excusable Neglect. K.S.A. 60-2103(a) is interpreted and applied. 2. LANDLORD AND TENANT — Mobile Home Parks Residential Landlord and […]

647 P.2d 1349 STATE OF KANSAS, Appellee, v. OLIVER E. CHILCOTE, a/k/a BILL CHILCOTE, Appellant. No. 53,317Court of Appeals of Kansas Opinion filed July 9, 1982 Petition for review denied September 24, 1982. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Combining Imprisonment with Restitution. Under K.S.A. 21-4603(2), in a felony case the trial […]

722 P.2d 556 STATE OF KANSAS, Appellee, v. LESLIE NORMAN WALKER, Appellant. No. 58,690Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Competency of Defendant’s Counsel — Proof Required to Obtain Reversal of Conviction for Ineffective Assistance of Counsel. In order to obtain a reversal of a […]

8 P.3d 712 STATE OF KANSAS, Appellee, v. MARCUS RODRIGUEZ, Appellant. No. 82,454Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Arson Based on Burning of Dog — Sufficiency of Evidence — Jury Instructions — Charge Distinguished from Cruelty to Animals — Prosecution Misconduct Not Proven — Upward […]

597 P.2d 238 FARMERS INSURANCE COMPANY, INC., Appellee, v. JOHN R. SCHILLER, Appellant, and ROBERT V. MOORE; J.F. HAILE, Center Director of Veterans Administration Hospital, Bay Pines, Florida, Defendants. No. 49,410Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Effect of Uncontradicted Affidavits Supporting Motion. Allegations made […]

14 P.3d 1088 IN THE MATTER OF THE ESTATE OF MARIE HANEBERG, DECEASED Nos. 83,870, 84,246Supreme Court of Kansas Opinion filed December 8, 2000. SYLLABUS BY THE COURT 1. WILLS — Interpretation — Rules of Construction Not Employed by Court if Intent of Testator Clear from Language in Will. Where a court is called upon […]

512 P.2d 365 WILLIAM F. ADAMS, Appellee, v. IVAN MARSHALL, WARREN REED, EDWARD LARKIN, JACK MITCHELL AND GEORGE WARDEN, Appellants. No. 46,866Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — “Quasi-judicial” Function. The term “quasi-judicial” is applied to administrative boards or officers empowered to investigate facts, weigh […]

892 P.2d 909 STATE OF KANSAS, Appellee, v. LONNIE T. COOPER, Appellant. No. 70,748Court of Appeals of Kansas Opinion filed March 31, 1995 Petition for review denied 257 Kan. 1094 (1995). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voluntary Intoxication Defense — Not a Defense to General Intent Crime. Voluntary intoxication is not a […]

594 P.2d 207 TRI-COUNTY EDUCATORS’ ASSOCIATION, Appellee, v. TRI-COUNTY SPECIAL EDUCATION COOPERATIVE NO. 607, Appellant. No. 50,222Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Negotiable Items. On appeal from a judgment of the district court in an action for an injunction brought by a professional […]

680 P.2d 313 STATE OF KANSAS, Appellee, v. ROBERT R. DICKSON, Appellant. No. 55,476Court of Appeals of Kansas Opinion filed May 3, 1984 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Waiver of Right to Jury Trial — Open Court or Written Waiver Required. A waiver of the right to a jury trial will not […]

893 P.2d 286 D.R. LAUCK OIL COMPANY, INC., Appellant, v. CHRISTOPHER D. BREITENBACH, Appellee. No. 71,024Court of Appeals of Kansas Opinion filed April 14, 1995 SYLLABUS BY THE COURT 1. OIL AND GAS — Lease Construction. Oil and gas leases are subject to the well-recognized rules of contract construction. 2. CONTRACTS — Construction — Intent […]

792 P.2d 1059 SHIRLEY GERMANN, Appellant, v. BONNIE BLATCHFORD and ERNEST E. GERMANN, Appellees. No. 62,680Supreme Court of Kansas Opinion filed May 25, 1990. SYLLABUS BY THE COURT TORTS — Personal Injury Action — Damages — Insufficient Verdict — New Trial Required on Issue of Damage Amount. In an action for personal injuries allegedly sustained […]

845 P.2d 89 UNITED STEELWORKERS OF AMERICA, LOCAL No. 4706, Appellant, v. KANSAS COMMISSION ON CIVIL RIGHTS, Appellee. No. 68,248Court of Appeals of Kansas Opinion filed January 22, 1993 Rev’d 253 Kan. 327, 855 P.2d 905 (1993). SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Review of Administrative Agency Order — Statutory Time Limitations […]

100 P.3d 628 IN RE MARRIAGE OF SHAPLAND. No. 91,443.Court of Appeals of Kansas November 19, 2004. Appeal from the Grant. Decision without published opinion. Affirmed.

713 P.2d 967 STATE OF KANSAS, Plaintiff-Appellee, v. MAX L. POTTS, Defendant-Appellant. No. 57,651Court of Appeals of Kansas Opinion filed February 6, 1986 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Pre-accusation Delay — When Delay Constitutes Bar to Criminal Prosecution. In order for pre-accusation delay to constitute a bar to a criminal prosecution, it […]

956 P.2d 1325 STATE OF KANSAS, Appellee, v. KEVIN C. BORMAN, Appellant. No. 76,131Supreme Court of Kansas Opinion filed April 17, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Diminished Capacity — When Jury Instruction Required. Whether to provide a jury with an instruction on the defense of diminished capacity is within the sound […]

305 P.2d 846 THE MISSIONARY BAPTIST STATE CONVENTION OF KANSAS, a religious corporation, as a member of the Industrial and Educational Institute of Topeka, for itself, and all others similarly situated, Appellant, v. THE STATE OF KANSAS; Fred Hall, Governor, Paul Shanahan, Secretary of State, Lester McCoy, McDill Boyd, Ray Evans, Walter Fees, Elizabeth Haughey, […]

413 P.2d 985 In re the Accusation for Disbarment of ALONZO J. FIPPS. No. 44,579Supreme Court of Kansas Opinion suspending certificate to practice law filed May 7, 1966. Per Curiam: In his written answer to the State Board of Law Examiners’ amended accusation in disbarment, the accused, Alonzo J. Fipps, admitted the allegations set forth […]

874 P.2d 1188 ARNOLDO ORTEGA and EMMA TOVAR, Plaintiffs, v. IBP, INC., Defendant. No. 70,408Supreme Court of Kansas Opinion filed May 27, 1994. SYLLABUS BY THE COURT 1. UNIFORM CERTIFICATION OF QUESTIONS OF LAW ACT — Factual Statement by Certifying Federal Court — Changes in Factual Statement Must Be Made in Federal Court. If either […]

457 P.2d 34 MAURICE F. STURDY, Appellant, v. ALLIED MUTUAL INSURANCE COMPANY, a corporation, Appellee. No. 45,383Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. INSURANCE — Meaning of Term “Other Insurance.” As used in an insurance policy the term “other insurance” means insurance in addition to that effected by […]

127 P.3d 277 In the Matter of the Care and Treatment of RANDY FOSTER, Appellant. No. 91,324.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURT1. SEXUALLY VIOLENT PREDATOR ACT — Civil and Criminal Implications. Although proceedings under the Kansas Sexually Violent Predator Act (KSVPA), K.S.A. 59-29a01 et seq., are considered civil, […]

290 P.2d 100 BILL PYLE, Appellant, v. C.A. EDMONDSON, Warden, Kansas State Penitentiary, and the State of Kansas, et al., Appellees. No. 39,852Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT HABEAS CORPUS — Time of Imprisonment — Parole Violator Sentenced for Another Crime. Under the provisions of G.S. 1949, 62-1528, […]

137 P.3d 1035 In the Interest of E.T. No. 95,509.Court of Appeals of Kansas. Opinion filed July 7, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Review. An appellate court’s review of jurisdictional issues is unlimited. 2. PARENT AND CHILD — Custody — Jurisdiction of Kansas Court. Under K.S.A. 38-1348(a)(3), Kansas […]

370 P.2d 415 STATE OF KANSAS, ex rel. WARREN RALSTON, County Attorney of Butler County, Kansas, Appellee, v. JACK M. BLAIN, Appellant. No. 42,710Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT 1. OUSTER — Failure to File Answer Within Time — Default Judgment. The record is examined in an ouster […]

913 P.2d 181 SHEILA A. AND THOMAS A., BY THEIR NEXT FRIENDS, J. EUGENE BALLOUN AND SHEILA WOMBLES, ET AL., APPELLANTS, v. DONNA WHITEMAN, IN HER OFFICIAL CAPACITY AS SECRETARY OF SOCIAL AND REHABILITATION SERVICES, APPELLEE. No. 73,288Supreme Court of Kansas Opinion filed March 15, 1996. SYLLABUS BY THE COURT 1. ATTORNEY FEES — Civil […]

603 P.2d 642 In the Matter of the Estate of Erie L. Kempkes, Deceased. No. 50,353Court of Appeals of Kansas Opinion filed December 7, 1979 SYLLABUS BY THE COURT 1. JUDGES — Appeal from Magistrate Judge — Jurisdiction of District Judge. Although a district judge and a magistrate judge have certain concurrent jurisdiction, including probate […]

605 P.2d 119 BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS; et al., Appellants, v. AMEQ, INC.; et al., Appellees. No. 50,157Supreme Court of Kansas Opinion filed January 19, 1980. SYLLABUS BY THE COURT TAXATION — Taxes Paid under Protest — Order of State Board of Tax Appeals Favorable to Taxpayer — No Right to […]

794 P.2d 1177 Magic Woods, Inc. v. Chaplin.[**] 64054Supreme Court of Kansas July 13, 1990. [**] Review Denied September 20, 1990. Appeal from Johnson. REVERSED AND REMANDED. Page 1

623 P.2d 1317 STATE OF KANSAS, ex rel., VERN MILLER, DISTRICT ATTORNEY, for the 18th Judicial District of Kansas, Petitioner-Appellee, v. WALTER C. RICHARDSON, Sedgwick County Treasurer, Respondent-Appellant. No. 51,208Supreme Court of Kansas Opinion filed February 28, 1981. SYLLABUS BY THE COURT 1. QUO WARRANTO — Inquisitional Powers. K.S.A. 60-1208, authorizing inquisitorial powers in quo […]

822 P.2d 45 NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellee. No. 65,367Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — District Court Decision Based on Stipulated Facts — De Novo Review. Appeals from a decision of a district court […]

869 P.2d 237 IN THE MATTER OF KENT OWEN DOCKING, Respondent. No. 70,551Supreme Court of Kansas Opinion filed March 4, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Censure. Original proceeding in discipline. Opinion filed March 4, 1994. Published censure. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and Bruce […]

455 P.2d 528 CECIL J. POWELL, Appellant, v. THE CITY OF HAYSVILLE, KANSAS, Appellee. No. 45,349Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Injuries Suffered in Employment — Claim Not Filed Within Time — Summary Judgment. In an action by an employee against the City of Haysville […]

575 P.2d 533 STATE OF KANSAS, Appellee, v. HIRAM SANDERS, Appellant. No. 48,962Supreme Court of Kansas Opinion filed February 25, 1978. MEMORANDUM OPINION CRIMINAL LAW — Aggravated Battery and Battery — Constitutionality of Statute — Issue Presented for First Time on Appeal — Instruction on Voluntary Intoxication — Jury Selection. Appeal from Wyandotte district court, […]

191 P.3d 350 STATE OF KANSAS, Appellee, v. MELVIN D. BRYANT, JR., Appellant. No. 96,192.Court of Appeals of Kansas. Opinion filed September 5, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Speedy Trial — Granting of Defendant’s Request for Continuance — Time Attributable to Defendant. When a continuance is sought by the defendant, the time […]

410 P.2d 298 CLIFFORD LEEROY PERRIN, Appellant, v. STATE OF KANSAS, Appellee. No. 44,413Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Not a Second Motion. The record in a proceeding commenced pursuant to the terms of K.S.A. 60-1507, is examined, and, as […]

930 P.2d 627 In the Matter of the Trust Estate of EARL HOLMES. No. 75,133Court of Appeals of Kansas Opinion filed January 17, 1997 SYLLABUS BY THE COURT TRUSTS — Sale of Trust Corpus — Gains or Losses from Sale are Allocable to Corpus Rather Than Designated as Income — Language in Trust Document Controls. […]

927 P.2d 444 FUNK MANUFACTURING COMPANY AND JOHN DEERE HEALTH BENEFIT PLAN FOR SALARIED EMPLOYEES, Appellees, v. PATRICIA ANN FRANKLIN AND JAMES M. FRANKLIN, AS GUARDIAN AND CONSERVATOR OF PATRICIA ANN FRANKLIN, Appellants. No. 75,088Supreme Court of Kansas Opinion filed December 6, 1996 SYLLABUS BY THE COURT 1. JURISDICTION — Appellate Court Required to Raise […]

81 P.3d 450 ROGER HANDY, Appellant, v. WILLIAM O. REED, JR., M.D., Appellee. No. 90,266.Court of Appeals of Kansas. Opinion filed December 24, 2003. Petitionfor review denied 277 Kan. 923 (2004). SYLLABUS BY THE COURTPHYSICIANS AND SURGEONS — Medical Malpractice — Service of Process — Statute of Limitations — Summary Judgment for Defendant. In this […]

240 P.3d 969 ROBERT THORNBURG, as SPECIAL ADMINISTRATOR OF THE ESTATE of RYKER J. SCHWEITZER, and KRISTY SCHWEITZER, INDIVIDUALLY and as ADMINISTRATOR for the ESTATE of RYKER J. SCHWEITZER, Appellants, v. BRIAN SCHWEITZER, Defendant, and THE BREMEN FARMERS MUTUAL INSURANCE COMPANY, Appellee. No. 102,608.Court of Appeals of Kansas. Opinion filed: October 1, 2010. SYLLABUS BY […]

565 P.2d 254 LAWRENCE MAKALOUS, Appellee, v. KANSAS STATE HIGHWAY COMMISSION and TRUCK INSURANCE EXCHANGE, Appellants. No. 48,569Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Legislative Intent — “Heart Amendment.” The legislative intent in enacting the so-called heart amendment to K.S.A. 44-501 (now 1976 Supp. 44-501) […]

608 P.2d 1006 In the Interest of ROY D. EDWARDS, a Male Minor, Appellant, v. STATE OF KANSAS, Appellee. No. 51,683Supreme Court of Kansas Opinion filed April 5, 1980. SYLLABUS BY THE COURT 1. EVIDENCE — Exclusionary Rules — Application during Certification Proceedings in Juvenile Court. The exclusionary rules, pertaining to illegally obtained confessions, are […]

997 P.2d 737 STATE OF KANSAS, Appellee, v. EDWARD E. ICE, JR., Appellant. No. 80,292Court of Appeals of Kansas Opinion filed: February 11, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape — Charge Based on Theaory that Victim Lacked Capacity to Consent — Error to So Instruct When Victim Clearly Right Not to […]

110 P.3d 1053 IN RE C.M. No. 92,308.Court of Appeals of Kansas. May 6, 2005. Appeal from the Reno. Decision without published opinion. Affirmed.

997 P.2d 705 STATE OF KANSAS, Appellant, v. RICHARD CARL DEINES, Appellee. No. 82,433Supreme Court of Kansas Opinion filed January 28, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Public Nuisance. A public nuisance is an unreasonable interference with a right common to the general public, such as a condition dangerous to health, offensive […]

158 P.3d 363 STATE OF KANSAS, Appellee, v. JOHNNY PALMER, JR., Appellant. No. 96,165.Court of Appeals of Kansas. Opinion filed May 18, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Confrontation Clause — Defendant’s Constitutional Right to Confront Witness Satisfied if Defendant Had Opportunity to Cross-examine Witness. The protections under both the United States Constitution […]

46 P.3d 554 IN THE MATTER OF JAMES C. TRICKEY, RESPONDENT. No. 88,206Supreme Court of Kansas Opinion filed: May 31, 2002 ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed May 31, 2002. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and Stanton A. Hazlett, disciplinary administrator, was on the formal […]

130 P.3d 14 STATE OF KANSAS, Appellant/Cross-appellee, v. COY MATHIS, Appellee/Cross-appellant. Nos. 87,763, 88,275.Supreme Court of Kansas. Opinion filed March 17, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Denial of New Trial or Jury Recall Motions — Alleged Abuse of Judicial Discretion — Appellate Review. An appellate court’s review of an order denying […]

915 P.2d 157 NANCY E. LAWRENCE, Appellant, v. WALTER COBLER, CPA, CHARTERED; and TRINITY UNIVERSAL INSURANCE COMPANY, Appellees, and THE KANSAS WORKERS COMPENSATION FUND. No. 74,424Court of Appeals of Kansas Opinion filed April 26, 1996. Petition for review denied 260 Kan. 994 (1996). SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Claim for Compensation — […]

283 P.2d 400 WARREN W. BAILEY, Appellee, v. FAY NORTON and RALPH NORTON, Appellants. No. 39,704Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT 1. PLEADING — Petition — Amending Without Leave. Under our statute (G.S. 1949, 60-756) a plaintiff may amend his petition, without leave, at any time before the […]

347 P.2d 410 THE BOARD OF COUNTY COMMISSIONERS OF OSAGE COUNTY, KANSAS (Plaintiff), Appellee, v. WILLIAM W. ABBOTT, et al. (Defendants), CHARLES O. ANDERSON et ux. (Respondents), Appellants, and the CITY OF LYNDON (Defendant), Appellee. No. 41,538Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. TAXATION — Proceeding to Vacate […]

21 P.3d 964 STATE OF KANSAS, Appellee, v. TERRY LEE HOOKER, JR., Appellant. No. 82,686Supreme Court of Kansas Opinion filed: April 20, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Unanimous Verdict Jury Instruction — Arrest of Judgment Motion — Exclusion of Evidence That Others Had Threatened to Harm Victim. In […]

66 P.3d 929 ARTHUR E. NICHOLAS, Executor of the Estate of Sheryl A. Nicholas, deceased, Appellant, v. RUBY E. NICHOLAS, Appellee, and SHERYL A. NICHOLAS v. RUBY E. NICHOLAS. No. 88,765.Court of Appeals of Kansas. Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. DIVORCE — Orders by District Court after Petition for Divorce Filed […]

549 P.2d 559 STATE OF KANSAS, Appellee, v. EDWARD J. McFALL, Appellant. No. 48,013Supreme Court of Kansas Opinion filed May 8, 1976. MEMORANDUM OPINION CRIMINAL LAW — Burglary — Removing Speaker from Automobile — Recently Stolen Property — Plain View Search. Appeal from Saline district court, division No. 1; MORRIS V. HOOBLER, judge. Opinion filed […]

382 P.2d 311 JOHN W. DAMON, Appellant, v. SMITH COUNTY, KANSAS, Appellee. No. 43,291Supreme Court of Kansas Opinion filed June 8, 1963. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action to Recover Lump Sum Judgment — Necessity to Give Second Demand — Sufficiency of Petition. The record in an action to recover a lump sum […]

380 P.2d 376 MASTIC TILE DIVISION, THE RUBEROID COMPANY, a Corporation, Appellant, v. MOORE ASSOCIATES OF TOPEKA, INC., a Corporation, Appellee. LEONARD J. PORTER, doing business as CUSTOM FLOOR AND SPECIALTY SHOP, Defendant. No. 43,167Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT 1. PLEADINGS — Petition — Demurrer. In an […]

694 P.2d 1305 STATE OF KANSAS, Plaintiff-Appellee, v. EDDIE A. JASO, Defendant-Appellant.[1] No. 55,808Court of Appeals of Kansas Opinion filed January 10, 1985 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court required the opinion to be published by an order dated January 29, 1985, pursuant to Rule 7.04. MEMORANDUM OPINION CRIMINAL […]

549 P.2d 878 MARIANNE E. VESPA, Appellant, v. SAFETY FEDERAL SAVINGS LOAN ASSOCIATION, Appellee. No. 47,882Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT PRIVACY — Invasion of Privacy — Failure to Disclose Actionable Invasion of Privacy — Summary Judgment. In an action for damages based upon claims of invasion of […]

125 P.3d 1089 AUSTIN v. STATE. No. 93,490.Court of Appeals of Kansas. January 6, 2006. Appeal from Crawford. Decision without published opinion. Reversed and remanded with directions.

843 P.2d 735 In the Matter of the Petition of Jane Doe for Waiver of Notice. No. 68,501[1] Court of Appeals of Kansas Opinion filed August 28, 1992 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, this opinion was ordered published by the Supreme Court pursuant to an order dated December 3, 1992, subject […]

271 P.2d 764 JOHN G. DEMARAS, Appellant, v. KATE SMITH, WALTER SMITH, MAE GRIFFIN, also known as MARY GRIFFIN, Appellees. No. 39,319Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT FRAUDS, STATUTE OF — Oral Contract — Promissory Note — Admissibility of Secondary Evidence. The record in an action for the […]

989 P.2d 792 STATE OF KANSAS, Appellee, v. BOBBY D. RILEY, Appellant. No. 82,021Court of Appeals of Kansas Opinion filed: October 1, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Battery as Lesser Included Offense of Attempted Frist-degree Murder. Under the facts presented, aggravated battery was a lesser included offense of attempted first-degree […]

154 P.3d 545 DOUGLAS R. KING, Appellant, v. STATE OF KANSAS, Appellee. No. 94,117.Court of Appeals of Kansas. Opinion filed March 30, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Ineffective Assistance of Counsel Allegation — Appellate Review. A claim alleging ineffective assistance of counsel presents mixed questions of fact and law requiring de novo […]

198 P.3d 163 STATE OF KANSAS, Appellee, v. DEANN BUSSART-SAVALOJA, Appellant. No. 98,527.Court of Appeals of Kansas. Opinion filed December 5, 2008. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Procedures Employed in Appeal Process Must Comport with Constitution, When a State has created appellate courts as an integral part of the system for finally adjudicating […]

482 P.2d 21 MAE STEHLIK, Executor of the Estate of Harvey O. Weaver, Deceased Appellant, v. DEWEY F. WEAVER, Appellee. No. 45,878Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. PLEADINGS — Motion to Amend — Judicial Discretion. The granting of a motion to amend the pleadings to conform to […]

512 P.2d 1042 OPAL R. FAIRBANKS, Appellant, v. ALEXANDER HODSCHAYAN, JENELL D. TODD, VAL TERSCHLUSE, and ROBERT L. SNELL, Appellees. No. 46,832Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appellate Court Not Concerned With Conflicting Evidence — Credibility of Witnesses. In reviewing a jury verdict […]

921 P.2d 834 STATE OF KANSAS, Appellee, v. TONY LYNN BRASFIELD, Appellant. No. 73,904Court of Appeals of Kansas Opinion filed July 26, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Jail Time Credit — Community Correctional Residential Services Program — Program Need Not Be Located in County of Defendant’s Conviction. In order […]

563 P.2d 1103 R.A. KENT, Appellant, v. HAROLD H. CHASE, Special Administrator of the Estate of Andrew T. Hicks, Deceased, Appellee. No. 48,261Court of Appeals of Kansas Opinion filed April 29, 1977 SYLLABUS BY THE COURT PROBATE COURT — Jurisdiction over Nonresident — Situs of Insurance Policy — No Jurisdiction in Kansas Courts. In Kansas, […]