Category: Kansas Court Opinions

99 P.3d 133 ROSEMARY A. CUNNINGHAM, Appellant, v. RIVERSIDE HEALTH SYSTEM, INC., Appellee. No. 89,826.Court of Appeals of Kansas. Opinion filed October 31, 2003. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment may be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with […]

164 P.3d 833 CIMAREX ENERGY CO., Appellant, v. SEWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee. No. 96,657.Court of Appeals of Kansas. August 10, 2007. Petition for review denied 285 Kan. 1173 (2007). SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Judicial Review of Agency Action — Person Entitled to Review. Under K.S.A. 77-607(a), a person who […]

573 P.2d 572 JAMES R. EARLEY, Appellant, v. HARRY’S IGA No. 1, 2, 3, 4, INC., HARRY M. BAUERSFELD; JOE BIGGS, Appellees. No. 48,424Supreme Court of Kansas Opinion filed November 5, 1977. MEMORANDUM OPINION MALICIOUS PROSECUTION — Shoplifting — Conviction — Conclusiveness of Probable Cause. Appeal from Shawnee district court, division No. 4; ADRIAN J. […]

8 P.3d 708 STATE OF KANSAS, Appellee, v. CRYSTAL J. JASPER, Appellant. No. 82,687Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Appointment of Substitute Counsel for Indingent Defendant — Justifiable Dissatisfaction. To warrant substitute counsel, a defendant must show justifiable dissatisfaction with appointed counsel. Justifiable […]

495 P.2d 1023 STATE OF KANSAS, Appellee, v. FRANCIS SANDERS, Appellant. No. 46,575Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT CRIMINAL LAW — Defendant Not Brought Promptly to Trial — Defendant Discharged. The record is examined and it is found that the defendant was not brought to trial within ninety […]

576 P.2d 593 ROLF GERCHBERG, by His Father and Next Friend, Ralph Gerchberg, Appellant, v. RODNEY LONEY, a Minor, ROY LONEY, MRS. ROY LONEY, and CHARLES LONEY, Appellees. No. 48,241Supreme Court of Kansas Opinion filed February 25, 1978. SYLLABUS BY THE COURT 1. NEGLIGENCE — Attractive Nuisance Doctrine. In a negligence action involving burn injuries […]

419 P.2d 822 MARDELL TAYLOR and WILLIAM R. TAYLOR, Appellees, v. PAUL MAXWELL and JIMMIE FULLER, Appellants. No. 44,541Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence — Generally a Question of Fact for Jury — Involuntary Dismissal. The question of contributory negligence in an open […]

829 P.2d 605 LINDA JEAN SONDEREGGER, Appellant, v. UNITED INVESTORS LIFE INSURANCE COMPANY, Appellee. No. 66,705Court of Appeals of Kansas Opinion filed April 3, 1992 SYLLABUS BY THE COURT INSURANCE — Policy Issued under Conversion Option — General Rule for Whether New Contract Results. The general rule is that where an insurance policy is issued […]

729 P.2d 1151 IN THE MATTER OF THE MARRIAGE OF RAYMOND E. ADAMS, JR., Appellee, and SANDRA SUE DUBLIN ADAMS, Appellant. No. 58,759Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT 1. MARRIAGE — Antenuptial and Post-nuptial Contracts — Enforcement — Public Policy. The general rule in this state is that […]

770 P.2d 486 LESLIE W. BLEVINS, SR., Appellant, v. NANCY HIEBERT, WARREN RHODES, and DAVID HOPPER, individually and in their capacity as the BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS; and DENNIS CONSTANCE, MICHAEL RUNDLE, MICHAEL AMYX, SANDY PRAEGER, and ROBERT SCHUMM, individually and collectively as members of the CITY OF LAWRENCE BOARD OF […]

886 P.2d 854 STATE OF KANSAS, Appellee, v. BILLY T. REED, Appellant. No. 70,255.Supreme Court of Kansas Opinion filed December 16, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Gruesome Photographs — Admissibility in Murder Trial. Photographs, although gruesome, which serve to illustrate the nature or extent of the wounds inflicted are admissible when […]

402 P.2d 810 STATE OF KANSAS, Appellee, v. JOHN CHARLES TALBERT, Appellant. No. 44,185Supreme Court of Kansas Opinion filed June 12, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Hearing — Right to Counsel. Under the provisions of K.S.A. 62-615, any person accused of a felony may be assisted by counsel at a […]

109 P.3d 1158 STATE OF KANSAS, Appellee, v. SAMUEL JONES, JR., Appellant. No. 91,810.Supreme Court of Kansas. Opinion Filed April 22, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Jury Instructions — Lesser Included Instruction — Request for Instruction by Defendant Denied — Appellate Review. When a defendant has requested a lesser included instruction at […]

10 P.3d 771 VIRGINIA L. MORRIS, Appellant, v. KELLY E. MORRIS, Appellee. No. 83,595Court of Appeals of Kansas Opinion filed September 1, 2000. Petition for review denied 270 Kan. 899 (2000). SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Concealment of Defendant — Mere Inability to Locate Defendant Not Sufficient to Toll Statute of […]

103 P.3d 993 STATE v. MITCHELL. No. 91,243.Court of Appeals of Kansas January 14, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

320 P.2d 855 In the Matter of the Estate of Queenye I. Foster, Deceased. JAMES E. WOODSON, Administrator, Appellant, v. EUGENE M. FOSTER, DAISIE F. McDONALD and ABBIE FOSTER, Appellees. No. 40,737Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT 1. JOINT TENANCY — Source of Survivor’s Title. The distinctive characteristic […]

353 P.2d 979 R.L. WYCOFF and R.A. WYCOFF, d/b/a Wycoff Brothers, a Partnership, Appellees, v. WINONA FEED AND GRAIN COMPANY, INC., a Kansas Corporation, Appellant. No. 41,927Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT PLEADING — Sufficiency of Petition — Demurrer. In an action to recover damages for failure to […]

297 P.2d 210 LUCIA KENNEDY, Administratrix of the Estate of Walter R. Kennedy, Deceased, v. GUY A. THOMPSON, Trustee for the MISSOURI PACIFIC RAILROAD COMPANY, a Debtor Corporation, Appellant, and VIRGIL H. JOHNSON and REX BRATCHER, doing business as JOHNSON-BRATCHER CONSTRUCTION COMPANY, Appellees. No. 40,030Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY […]

769 P.2d 631 STATE OF KANSAS, Appellee, v. MICHAEL LADD, Appellant. No. 61,695Supreme Court of Kansas Opinion filed March 3, 1989. SYLLABUS BY THE COURT CRIMINAL LAW — Cross-examination of Defendant’s Assertion of Fifth Amendment Privilege Not to Testify during Codefendant’s Trial — Prosecutor’s Cross-examination and Comments Made during Closing Argument Require Reversal of Conviction. […]

798 P.2d 955 ROBERT H. DUNN AND CHERI DUNN, Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA AND GENERAL INSURANCE COMPANY OF AMERICA, Appellees. No. 64,638Court of Appeals of Kansas Opinion filed September 28, 1990 SYLLABUS BY THE COURT 1. INSURANCE — Automobile Liability Policy — Cancellation by Insurer. K.S.A. 1989 Supp. 40-3118(b) is a part […]

901 P.2d 20 GRINDSTED PRODUCTS, INC., Appellant, v. KANSAS CITY POWER LIGHT CO., Defendant/Appellee, and THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Intervenor/Appellee. No. 72,456Court of Appeals of Kansas Opinion filed August 4, 1995 SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Public Utility — KCC Has Jurisdiction over Public Utility Tariffs. […]

257 P.3d 1283 STATE OF KANSAS, Appellee, v. THOMAS PERKINS, Appellant. No. 103,735.Court of Appeals of Kansas. Opinion filed July 15, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Driving under Influence — Operating Vehicle While under Influence and Attempting to Operate Vehicle in That Condition Are Alternative Means of Violating Statute. Operating a vehicle […]

241 P.2d 488 DAVID H. MILLER, et al., Plaintiffs, v. AMELIA STOPPEL; BEN HEINZE; CARL HEINZE; LEAH FEIL; META JANNE; DANIEL W. STEINLE; MARLYN STEINLE; FRANCIS STEINLE and JERRY STEINLE, minor heirs at law of Marie Steinle, deceased; and DANIEL W. STEINLE, as guardian of said minors, Appellants, v. EMMA HARMISON, FRANK HARMISON, HARRY FREDERICK […]

563 P.2d 1061 STATE OF KANSAS, Appellee, v. LARRY WOODS, Appellant. No. 48,481Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — When Amendment Allowed. The court may permit a complaint or information to be amended at any time before verdict or finding if no additional or […]

46 P.3d 1140 STATE OF KANSAS, Appellant, v. BRADLEY F. SCHUSTER, Appellee. No. 87,844Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. The interpretation and application of a statute is a question of law for which the appellate court’s review is unlimited. 2. SAME […]

988 P.2d 267 In the Matter of the Appeal of Water District No. 1 of Johnson County From an Order of the Director of Taxation On Assessment of Additional Retailer’s Sales Tax. No. 79,842.Court of Appeals of Kansas Updated: August 13, 1999. Opinion filed: August 13, 1999. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — […]

647 P.2d 1340 DIANA L. MASON, individually, and as Administrator of the Estate of Otis W. Mason, Deceased, Plaintiff, v. GERIN CORPORATION, a corporation; ASHLAND CHEMICAL COMPANY, a division of Ashland Oil, Inc., a corporation; and TEXACO, INC., a corporation, Defendants. No. 54,240Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT […]

840 P.2d 1198 IN THE MATTER OF THE MARRIAGE OF RANAE S. CLINE, Appellee, and RONALD R. CLINE, Appellant. No. 67,227Court of Appeals of Kansas Opinion filed July 17, 1992 SYLLABUS BY THE COURT 1. DIVORCE — Maintenance — Award beyond Statutory Limit of 121 Months Is Void. Under the facts of this case, the […]

65 P.3d 221Court of Appeals of Kansas March 14, 2003 Title Docket Appeal Date of Decision Number From Decision State v. William 86288 Douglas 3/14/2003 Affirmed Garcia State v. Duran 86853 Finney 3/14/2003 Affirmed State v. Cordray 87349 Lyon 3/14/2003 Affirmed in part, reversed in part, and remanded with directions State v. Kelley 87702 Sedgwick […]

537 P.2d 222 STATE OF KANSAS, Appellee, v. RODNEY ROGERS, Appellant. No. 47,730Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Theft — Reasonable Inference of Guilt — Conduct of Prosecutor — Endorsement of Additional Witnesses — Determining Value of Stolen Goods — Pretrial Discovery Order. The […]

980 P.2d 1032 MYRA LYNN GANSERT, Appellant, and DONALD M. GANSERT, v. MARK A. CORDER, et al., Appellees. No. 80,820Court of Appeals of Kansas Opinion Filed May 14, 1999. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Malpractice — Accrual of Causes of Action. The main theories used to determine when a cause of […]

207 P.3d 261 SANDRA K. ADAMS, Appellee, v. BALL’S FOOD STORES and FOUR B CORPORATION, Appellants. No. 99,065[1] Court of Appeals of Kansas. Opinion filed October 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). […]

11 P.3d 81 HARRY DAWSON, Appellee, v. GIVENS CONSTRUCTION CO., INC., Defendant, and WESTERN SURETY COMPANY, Appellant. No. 83,806Court of Appeals of Kansas Opinion filed September 15, 2000. Petition for review denied 270 Kan. 897 (2000). SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Appellate Review. Summary judgment is appropriate when there is […]

58 P.3d 716 STATE OF KANSAS, Appellee, v. JAMES McINTOSH, Appellant. No. 86,386Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sex Crime — Defendant’s Motion to Compel Psychological or Physical Exam of Victim — Denial of Motion — Appellate Review. A district court’s denial of a […]

563 P.2d 1106 RUSSELL W. TRENT, Appellee, v. WAYNE SELLERS and FRANK OCTAVIO, Appellants. No. 48,295Court of Appeals of Kansas Opinion filed April 29, 1977 Petition for review denied June 15, 1977. SYLLABUS BY THE COURT 1. NEGLIGENCE — Res Ipsa Loquitur — Elements. Necessary elements to the application of the doctrine of res ipsa […]

519 P.2d 1092 YELLOW FREIGHT SYSTEM, INC., Appellee, v. KANSAS COMMISSION ON CIVIL RIGHTS, Appellant. No. 47,150Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. CIVIL RIGHTS — Subpoena Powers — Preliminary Investigations to Determine Probable Cause. The provisions of K.S.A. 1971 Supp. 44-1004 and K.S.A. 1971 Supp. 44-1005 do […]

726 P.2d 1333 STATE OF KANSAS, Appellee, v. LARRY K. MUNYON, Appellant. No. 58,164Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. INFANTS — Child in Need of Care — Court-ordered Evaluation — Confidentiality of Reports. K.S.A. 1985 Supp. 38-1514(c)(1) excludes any claim of a confidential relationship between a physician […]

292 P.2d 706 HAROLD R. DINGES, JR., et al, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, and THE CITY OF FAIRWAY, KANSAS, Appellees. No. 39,851Supreme Court of Kansas Opinion filed January 28, 1956. SYLLABUS BY THE COURT 1. HIGHWAYS — City’s Application to County for Continuation of Road — Benefit District. Where […]

761 P.2d 1255 LANCE STONE, by and through his natural guardians and next friends, JERRY STONE and DEE STONE; and LANCE STONE, Appellees, v. KANSAS STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., and BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT 464, Appellants. No. 61,657Court of Appeals of Kansas Opinion filed September 30, 1988 SYLLABUS BY THE […]

712 P.2d 1211 STATE OF KANSAS, Appellee, v. CHRISTOPHER E. HAINES, Appellant. No. 57,533Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Jurisdiction of Appellate Court. Failure to allege a sentence is outside statutory limits or is the result of partiality, prejudice or corrupt motive […]

732 P.2d 732 STATE OF KANSAS, Appellee, v. MICHAEL A. ANDERSON, Appellant. No. 59,428Supreme Court of Kansas Opinion filed February 20, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Accomplice’s Refusal to Testify following Guilty Plea — When Refusal Justified. While a guilty plea generally waives a witness’ Fifth Amendment privilege against self-incrimination, if […]

80 P.3d 396 In the Interest of B.H. and N.H. No. 88,484.[1] Court of Appeals of Kansas. Opinion filed April 25, 2003. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 23, 2003, pursuant to Rule 7.04 (2002 Kan. Ct. R. Annot. […]

491 P.2d 945 PANHANDLE EASTERN PIPE LINE Co., a Corporation, Appellant, v. LETHA E. JONES, County Treasurer of Kingman County, Kansas, et al., Appellees. PANHANDLE EASTERN PIPE LINE Co., a Corporation, Appellant, v. VIVIAN GRIGSBY, County Treasurer of Pratt County, Kansas, et al., Appellees. PANHANDLE EASTERN PIPE LINE Co., a Corporation, Appellant, v. MARGUERITE ELLIS, […]

18 P.3d 308 In the Matter of the Application of FIRE BAPTIZED HOLINESS CHURCH FOR EXEMPTION FROM AD VALOREM TAXATION, Appellant, v. WILLIAM HENDRIX, Montgomery County, Kansas, Tax Appraiser, Appellee. No. 84,691Court of Appeals of Kansas Opinion filed: February 16, 2001. SYLLABUS BY THE COURT 1. TAXATION — Exemption from Taxation — Burden of Proof. […]

182 P.3d 1263 In the Matter of MICHAEL K. SHEAHON, Respondent. No. 99,502.Supreme Court of Kansas. Opinion filed May 16, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed May 16, 2008. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on […]

418 P.2d 140 In the matter of the Accusation and Complaint made against DAVID THAD HANNA by the State Board of Law Examiners. No. 44,756Supreme Court of Kansas September 19, 1966. ORDER OF CENSURE On March 17, 1966, the State Board of Law Examiners filed its written report with this court, the substance thereof being […]

428 P.2d 809 JOE BURNISON, Appellant, v. W.D. FRY and NORMA FRY, Appellees. No. 44,792Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. ACTION — When Cause of Action Arises. A cause of action arises from the wrong done and not from the character of the relief sought or the […]

744 P.2d 146 STATE OF KANSAS, Appellee, v. GREG KIRBY, Appellant. No. 60,132Court of Appeals of Kansas Opinion filed October 8, 1987 Aff’d 242 Kan. 803, 751 P.2d 1041 (1988). SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Fourth Amendment. The Fourth Amendment protects the “right of the people to be secure in their persons, […]

999 P.2d 927 IN RE: ONE 1993 CHEVROLET CORSICA. VIN #1G1LT5345PY166194 No. 82,470Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Seized Property — Disposition — No Abuse of Discretion under Facts to Return Vehicle to Rightful Owner of Towing and Storage Fees. In determining the disposition under […]

122 P.3d 420 STATE v. BELL. No. 93,153.Court of Appeals of Kansas. November 10, 2005. Appeal from Sedgwick. Decision Without Published Opinion. Affirmed.

78 P.3d 437 EUDORA DEVELOPMENT COMPANY OF KANSAS, et al., Plaintiffs/Appellants, v. CITY OF EUDORA, Defendant/Appellee. No. 89,452.Supreme Court of Kansas. Opinion filed October 31, 2003. SYLLABUS BY THE COURT1. PUBLIC HEALTH — Water Works and Sewage Disposal System — Authority of City to Control. Under K.S.A. 12-808, a city has the authority to operate […]

257 P.2d 156 A.W. MICKADEIT, Appellee, v. THE KANSAS POWER AND LIGHT COMPANY, a corporation, Appellant. No. 38,934Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT 1. JUDGMENTS — Automobile Collision — Res Judicata — Coparties — Effect in Action Inter Sese. The general rule is that a judgment in favor […]

608 P.2d 1379 PAUL G. KENNEDY and ALICE C. KENNEDY, Plaintiffs, v. THE CITY OF SAWYER, KANSAS, and GENE AUBLEY, Defendants and Third Party Plaintiffs, Appellants, v. CONTINENTAL RESEARCH CORPORATION and THE HUGE COMPANY, INC., Third Party Defendants, Appellees. No. 49,732Court of Appeals of Kansas Opinion filed April 4, 1980 Petition for review granted June […]

298 P.2d 239 THOMPSON CONSTRUCTION COMPANY, Appellant, v. JOHN E. SCHROYER, Appellee and Cross-appellant; SALINA CONCRETE PRODUCTS, INC., Appellee. No. 40,106Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT 1. BUILDING AND CONSTRUCTION CONTRACTS — Defective Construction — Measure of Damages. Where there are errors or omissions in the construction of […]

566 P.2d 775 D.L. SOMERS, Appellee, v. HARRIS TRUST AND SAVINGS BANK, Trustee for L.B. Stableford, Deceased, Appellant. No. 48,293Court of Appeals of Kansas Opinion filed June 10, 1977 SYLLABUS BY THE COURT 1. OIL AND GAS — Unitization — Extention of Entire Lease by Production in the Unit. Where a portion of an oil […]

643 P.2d 1147 In the Matter of the Application of LOUIS O’RIORDAN for Writ of Habeas Corpus. No. 53,084Court of Appeals of Kansas Opinion filed April 29, 1982 Petition for review denied June 28, 1982. SYLLABUS BY THE COURT CRIMINAL LAW — Extradition — Probable Cause Requirement from Demanding State. In an extradition proceeding, when […]

559 P.2d 362 DARLENE E. WELCH, formerly known as DARLENE E. LAMBERT, Appellant, v. HARTFORD CASUALTY INSURANCE COMPANY, formerly known as CITIZENS INSURANCE COMPANY OF NEW JERSEY, an insurance corporation, Appellee, and DORIS A. MAJETTE, Appellee. No. 48,122Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist […]

4 P.3d 1137 STATE OF KANSAS, Appellee, v. MICHAEL TODD BELCHER, Appellant. No. 78,369.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Indecent Liberties with a Child — Not Lesser Included Offense of Rape — Disapproval of Contrary Result in Prior Appellate Decision. Aggravated indecent liberties with […]

254 P.3d 539 STATE OF KANSAS, Appellee, v. RANDY CHAVEZ, Appellant. No. 103,168.Supreme Court of Kansas. Opinion filed: July 15, 2011. SYLLABUS BY THE COURT1. STATUTES — Specific Statute Controls over General Statute When Provisions of Both Conflict. When the provisions of two statutes are in conflict, the more specific statute governs. 2. CRIMINAL LAW […]

376 P.2d 792 FRANK McGEE, Petitioner, v. SHERMAN CROUSE, Warden, Kansas State Penitentiary, Respondent. No. 43,141Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Lack of Grounds — Writ Denied. The record in an original proceeding in habeas corpus is examined, and it is held the petitioner […]

955 P.2d 1315 JUDITH ELAINE BROBST, Claimant/Appellant/Cross-Appellee, v. BRIGHTON PLACE NORTH, Respondent/Appellee/Cross-Appellant, CHURCH MUTUAL INSURANCE COMPANY, Insurance Carrier/Appellee/Cross-Appellant, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 75,920[1] Court of Appeals of Kansas Opinion filed May 23, 1997. [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]

642 P.2d 567 KEVIN WILDS, Appellee, v. MID-CENTURY INSURANCE COMPANY, Appellant. No. 53,231Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT INSURANCE — Uninsured Motorist Coverage — Application. In an action to recover uninsured motorist benefits under an insurance policy it is held: K.S.A. 40-284, the Kansas uninsured motorist benefits statute, […]

991 P.2d 394 In the Matter of STEPHEN J. DENNIS, Respondent. No. 82,783Supreme Court of Kansas Opinion Filed October 29, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed October 29, 1999. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause, and was […]

2 P.3d 179 STATE OF KANSAS, Appellee, v. WILLIAM A. MAYBIN, Appellant. No. 80,134Court of Appeals of Kansas Opinion filed: March 17, 2000. Petition for review denied 269 Kan. 938 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Trial — Defendant in Leg Restraints — Judicial Discretion — Appellate Review. The trial court is […]

334 P.2d 419 O.L. CORWINE, Appellee, v. MARACAIBO OIL EXPLORATION CORPORATION, Appellant. No. 41,184Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT WATERS — Pollution Injuring Cattle — Actual and Punitive Damage — Special Questions — Instructions. Plaintiff, who raised Angus and Hereford beef cattle, sued the defendant to recover damages […]

216 P.2d 798 LETHA THOMPSON, Appellant, v. BEARD AND GABELMAN, Incorporated, Appellee. No. 37,847Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT 1. NEGLIGENCE — Liability for Injuries to Invitees. The proprietor of a store is not an insurer of his customers against injury, but is chargeable only with such care […]

716 P.2d 555 GEORGE REED, Appellee, v. PAUL HESS, et al, Appellants. No. 57,598Supreme Court of Kansas Opinion filed March 28, 1986. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Statute of Frauds — Purpose. The statute of frauds was enacted to prevent fraud and the courts refuse to allow it to be used […]

419 P.2d 836 STATE OF KANSAS, Appellee, v. RAYMOND L. DARLING, Appellant. No. 44,336Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence — No Error in Admission of Evidence. The record presented on appeal from a conviction and sentence in a criminal action is examined, and […]

603 P.2d 1031 GENE CAIN and MARY LOUISE CAIN, his wife, Landowners, Appellees, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellant. No. 50,743Court of Appeals of Kansas Opinion filed December 14, 1979 Petition for review denied January 29, 1980. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Condemnation Proceeding — Highest and Best Use […]

205 P.2d 1014 NANCY BEECHER, Appellee v. PROCTOR RITCHIE, DEAN RITCHIE, and DAVE RITCHIE, doing business as RITCHIE BROTHERS CONSTRUCTION COMPANY, Appellants. No. 37,582Supreme Court of Kansas Opinion filed: May 7, 1949. SYLLABUS BY THE COURT1. AUTOMOBILES — Action for Damages — Failure to Replace Stop Sign — Sufficiency of Petition. In an action for […]

565 P.2d 228 STATE OF KANSAS, Appellee, v. GARY M. MILLER, Appellant. No. 48,342Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Investigatory Stage and Custodial Interrogation. There is a distinction between the investigatory stage of a case and the custodial interrogation which may ensue thereafter. 2. […]

241 P.3d 120 STATE OF KANSAS, Appellee, v. MICHAEL LORENZO KNIGHT, JR., Appellant. No. 100,167.Court of Appeals of Kansas. Modified Opinion filed October 8, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. An appellate court reviews the trial court’s decision on a motion to suppress evidence using a bifurcated […]

894 P.2d 881 THE ZENDA GRAIN SUPPLY COMPANY, Appellee/Cross-Appellant, v. FARMLAND INDUSTRIES, INC., Defendant, and DOUBLE CIRCLE FARM SUPPLY COMPANY, Appellant/Cross-Appellee. No. 70,410Court of Appeals of Kansas Opinion filed March 31, 1995 Petition for review denied 257 Kan. 1096 (1995). SYLLABUS BY THE COURT 1. CONTRACTS — Provision to Exempt Party from Liability for Own […]

606 P.2d 479 ALICE L. MORGAN, Appellee, v. INTER-COLLEGIATE PRESS and HOME INSURANCE COMPANY, Respondent and Insurance Carrier, Appellants, and KANSAS WORKMEN’S COMPENSATION FUND, Appellee and Cross-Appellant. No. 50,914Court of Appeals of Kansas Opinion filed February 8, 1980 SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Limitation for Filing Claim — Question of Fact — […]

453 P.2d 88 DANIEL R. DENNELER, Plaintiff, v. AUBEL DITCHING SERVICE, INC., WM. F. AUBEL, BETTY J. AUBEL, JOHN R. PFANNENSTIEL, AUBEL ASPHALT, INC., and AUBEL ASPHALT PAVING AND DITCHING SERVICE, Appellants, v. CATERPILLAR TRACTOR COMPANY, a corporation, and FOLEY TRACTOR COMPANY, INC., a corporation, Appellees. No. 45,287Supreme Court of Kansas Opinion filed April 12, […]