Category: Kansas Court Opinions

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 [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]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 […]

26 P.3d 69 STATE OF KANSAS, Appellee, v. CLINTON V. McDONALD, Appellant. No. 84,270Court of Appeals of Kansas Opinion filed: May 4, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea Agreement — Breach of Agreement by State — Denial of Due Process. Breach of a plea agreement denies a defendant due process. 2. […]

267 P.2d 480 In the Matter of the Estate of Sol Schachter, Deceased; EMILY SCHACHTER AGRANOFF, Trustee, Appellant, v. REBECCA GITTERMAN, Appellee. No. 39,201Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT TRUSTS — Trustees — Authority to Compel Trustee to Qualify. The last will and testament of a decedent created […]

361 P.2d 861 JACK CARPENTER and DOROTHA CARPENTER, Husband and Wife, and OTTO PLAGENS, Appellees, v. IVAH J. FAGER, F.G. STEARNS and J. MERWYN FAGER, Trustees Under the Will and of the Estate of C.C. Fager, Deceased; IVAH J. FAGER, J. MERWYN FAGER and JOSEPHINE FAGER, His Wife; CAROL ANN FAGER, a Minor, and NELLIE […]

769 P.2d 1184 FIRST HAYS BANSHARES, INC., Plaintiff-Appellee, v. KANSAS BANKERS SURETY CO., Defendant/Third-Party Plaintiff-Appellant, v. DON E. PRATT and STEVEN D. PRATT, Third-Party Defendants. No. 61,989Supreme Court of Kansas Opinion filed March 7, 1989. SYLLABUS BY THE COURT 1. BANKS — Banker’s Blanket Bond — Agreement for Fidelity Insurance. The banker’s blanket bond in […]

38 P.3d 640 In the Matter of LARRY W. WALL, Respondent. No. 86,975Supreme Court of Kansas Opinion filed: January 25, 2002. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 25, 2002. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and […]

83 P.3d 249 EDRICK McCARTY, Appellant, v. STATE OF KANSAS, Appellee. No. 89,886.Court of Appeals of Kansas. Opinion filed January 30, 2004. Petition for review denied 278 Kan. 846 (2004). SYLLABUS BY THE COURT1. HABEAS CORPUS — No Constitutional Right to Counsel in Collateral Postconviction Proceedings — without Right, Inmate Cannot Claim Ineffective Assistance of […]

718 P.2d 643 CHARLES W. PARKER, Administrator of the Estate of MELVIN DOUGLAS, Deceased, Appellant, v. FARMWAY CREDIT UNION, Appellee, and SECRETARY OF REVENUE OF THE STATE OF KANSAS, Defendant. No. 57,478Court of Appeals of Kansas Opinion filed May 8, 1986 Petition for review denied 239 Kan. 628. SYLLABUS BY THE COURT 1. PROBATE CODE […]

592 P.2d 860 SHERMAN L. WIEHE and MARY ANN WIEHE, Appellants, v. ROY E. KUKAL and JOANN KUKAL, and CHESTER L. HATTLEY, Appellees. No. 49,207Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT TORTS — Intentional Infliction of Emotional Distress — Jury Verdict Finding Liability Reversed. Upon review of the record […]

954 P.2d 712 IN THE MATTER OF THE ESTATES OF W. WALTER STOSKOPF AND ALEEN F. STOSKOPF, Deceased. Nos. 77,679, 77,680Court of Appeals of Kansas Opinion filed February 13, 1998. SYLLABUS BY THE COURT 1. ESTATES — Removal of Executor. Removal of an executor is designed to protect the estate, not to punish the executor. […]

345 P.2d 651 MAYME D. DAY and RUBY BURGESS, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant, THE TEXAS COMPANY and COLUMBIAN FUEL CORPORATION, Intervenors, Appellants. No. 41,102Supreme Court of Kansas Opinion denying rehearing filed November 7, 1959. OPINION DENYING REHEARING Appeal from Seward district court; L.L. MORGAN, judge. Opinion denying rehearing […]

864 P.2d 1161 MARTY LOUIS KENYON, Appellant, v. KANSAS POWER LIGHT COMPANY, d/b/a KPL Gas Service Company, Appellee. No. 69,309Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Enrolled Bill — Enactment and Validity — Exercise of Coordinate Functions by Legislature and Governor. The legislature and the […]

505 P.2d 736 CHRISTINA HAGOOD, Appellant, v. DONALD E. HALL, Appellee. No. 46,499Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. TRIAL — Instructions — When Law of the Case. Instructions to the jury become the law of the particular case and are controlling on appeal unless they are objected […]

887 P.2d 1165 STATE OF KANSAS, Appellee, v. NORMAN S. SHAFFER, Appellant. No. 71,349Court of Appeals of Kansas Opinion filed January 6, 1995 SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. An issue requiring statutory interpretation is a question of law, and, on appeal, this court is not bound by the interpretation […]

234 P.3d 19 WILLIE JEAN FARRAR and KEITH FARRAR, as cotrustees of the KEITH FARRAR REVOCABLE TRUST, dated October 22, 1999; JOHN ELDON GREGG and KEITH THOMAS GREGG, as cotrustees of the MARIE GREGG TRUST U/A, dated April 26, 1979, as amended; and THOMAS L. and PATRICIA A. LAHEY, individually and jointly, Appellees, v. MOBIL […]

884 P.2d 749 In the Matter of the Estate of IRENE MURDOCK. No. 70,858Court of Appeals of Kansas Opinion filed November 23, 1994 SYLLABUS BY THE COURT 1. TRUSTS — Charitable Trust — Relief from Restrictions Imposed on Trust — Relief Appropriate if Restrictions Obsolete, Inappropriate, or Impracticable. In the absence of the consent of […]

497 P.2d 107 SECOND INJURY FUND OF KANSAS, Appellee, v. HAHNER, FOREMAN CALE, INC. and EMPLOYERS FIRE INSURANCE COMPANY, Appellants. No. 45,369Supreme Court of Kansas Opinion filed May 6, 1972. MEMORANDUM OPINION WORKMEN’S COMPENSATION — Second Injury Fund — Failure to Sustain Burden of Proof — Findings Supported by Evidence. Appeal from Ford district court; […]

80 P.3d 35 BARBARA CUNNINGHAM and WANDA YANDELL, Appellants, v. BRAUM’S ICE CREAM and DAIRY STORES, Appellee. No. 89,944.Supreme Court of Kansas. Opinion filed December 12, 2003. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application. Summary judgment is appropriate when there remains no genuine issue of material fact for trial and the moving […]

152 P.3d 1249 STATE OF KANSAS, Appellee, v. RAMON I. FEWELL, Appellant. No. 95,041.Court of Appeals of Kansas. Opinion filed March 2, 2007. Aff’d 286 Kan. 370, 184 P.3d 903 (2008). SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Constitutional Prohibition of Unreasonable Search and Seizure — Warrantless Search Per Se Unreasonable unless within Recognized […]

883 P.2d 785 In the Matter of the Marriage of EDWARD L. HARRIS, Appellant, and BRUKENTTA M. HARRIS, Appellee. No. 71,071Court of Appeals of Kansas Opinion filed October 28, 1994 Petition for review denied 256 Kan. 995 (1994). SYLLABUS BY THE COURT 1. MINORS — Custody — Uniform Child Custody Jurisdiction Act — Application of […]

552 P.2d 889 STEVE HICKS, Appellant, v. STATE OF KANSAS, Appellee. No. 47,994Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — No Duty to Inform on Parole Eligibility. Parole eligibility is not one of the consequences of a plea contemplated in K.S.A. 22-3210 on which the court […]

267 P.2d 497 GEORGE R. FARRELL, Appellant, v. THE FEDERAL LAND BANK OF WICHITA, a Corporation, Appellee. No. 39,192Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT SPECIFIC PERFORMANCE — Contract to Purchase and Sell — Shortage of Acreage — Demurrer to Petition. The petition in an action on contract, wherein […]

349 P.2d 941 LILLIAN M. DESCH, Appellee, v. LEONARD A. CARNUTT, Appellant, LILLIAN M. DESCH, Appellee, v. LEONARD A. CARNUTT, Appellant. Nos. 41,597, 41,715Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT TRIAL — Absence of Defendant Counsel — Judgment — Denial of Motions. In a damage action growing out of […]

223 P.2d 689 WILLIAM KIMMINAU and CATHERINE KIMMINAU, Appellees and Cross-appellants, v. COMMON SCHOOL DISTRICT No. 1 (also known) as Consolidated School District No. 1), Kingman County, State of Kansas, Appellant and Cross-appellee. No. 37,998Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT 1. STATUTES — Amendment — Rule not Applicable […]

905 P.2d 1072 VICKY CLINE, DIANE DEXTER, and DAVE COMPTON, Appellants, v. RAMONA MEIS, NESS COUNTY ELECTION OFFICER, Appellee. No. 73,258Court of Appeals of Kansas Opinion filed November 3, 1995 Petition for review denied 259 Kan. ___ (February 6, 1996). SYLLABUS BY THE COURT 1. PUBLIC OFFICERS AND EMPLOYEES — Recall of Elected Officials — […]

551 P.2d 801 STATE OF KANSAS, Appellee, v. HERBERT RAY JONES, Appellant. No. 48,134Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Death during Pendency of Appeal — No Abatement of Appeal. Death of an appellant during the pendency of his direct appeal from the conviction of […]

906 P.2d 184 FRANK L. CRUTCHFIELD, Appellant, v. ROBERT D. HANNIGAN, et al., Appellees. No. 73,643Court of Appeals of Kansas Opinion filed December 1, 1995 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Urinalysis Test of Prison Inmate — Weighing of Interests between Prisoner’s Privacy and Penal Institution’s Security. A urinalysis test of a […]

861 P.2d 822 DAVID WAYNE ELDER, Deceased, Claimant-Appellant, v. ARMA MOBILE TRANSIT CO. and PARKVIEW HOUSING, INC., Respondents-Appellees, and AETNA CASUALTY SURETY COMPANY, Insurance Carrier-Appellee. No. 69,238Supreme Court of Kansas Opinion filed October 29, 1993. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Average Weekly Wage — District Court Approval of Computation Made by Administrative […]

116 P.3d 55 STATE v. BROMMER. No. 92,454.Court of Appeals of Kansas. July 29, 2005. Appeal from Harvey. Decision without published opinion. Reversed and remanded with directions.

130 P.3d 128 MISSOURI BANK TRUST COMPANY, Appellee, v. GAS-MART DEVELOPMENT COMPANY, INC. and GAS-MART U.S.A., INC., Appellants. No. 93,662.Court of Appeals of Kansas. Opinion filed March 10, 2006. SYLLABUS BY THE COURT1. ARBITRATION — Confirmation of Arbitration Award — Attachments to Motion for Judgment on the Pleadings Did Not Constitute “Matters Outside the Pleadings” […]

112 P.3d 99 STATE OF KANSAS, Appellee, v. ERICK DONALDSON, Appellant. No. 91,163.Supreme Court of Kansas. Opinion Filed June 3, 2005. SYLLABUS BY THE COURTCRIMINAL LAW — Joinder of Charges — Sufficiency of Evidence to Prove Felony Murder — Aiding and Abetting Instructions — Late Endorsement of State’s Witness — Prosecutorial Misconduct — Amendment of […]

456 P.2d 4 LINDA LEE PICKENS, Widow and Next of Kin of Jerry Kent Pickens, Deceased, and LINDA LEE PICKENS, Mother and Natural Guardian of JUDITH ANN PICKENS, KATHY LEE-ANN PICKENS and TERRY WAYNE PICKENS, Minor Children of Jerry Kent Pickens, Deceased, Appellants, v. EARL W. MAXWELL, Appellee. No. 45,359Supreme Court of Kansas Opinion filed […]

807 P.2d 1292 IN THE MATTER OF TED ANTHONY HOLLEMBEAK, Respondent. Bar Docket No. 13389Supreme Court of Kansas November 15, 1990 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On October 12, 1990, a complaint was filed with the disciplinary administrator against Ted Anthony Hollembeak of Overland Park, Kansas, an attorney admitted […]

653 P.2d 106 DAVID BERST, DALE SMITH and THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Petitioners, v. HONORABLE MARION W. CHIPMAN, District Judge, Court Number 7, 10th Judicial District Court of Kansas, and BIRMINGHAM POST COMPANY, Respondents. No. 54,498Supreme Court of Kansas Opinion filed May 27, 1982. MANDAMUS — Action to Set Aside Trial Court Denial of […]

58 P.3d 756Court of Appeals of Kansas November 8, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW State v. Kloster 84400 Johnson 11/08/2002 Affirmed Lofquist v. J.D. 85590 Johnson 11/08/2002 Affirmed in Reece Company, 85648 part and reversed in part State v. Agnew 86819 Sedgwick 11/08/2002 Affirmed State v. Morris 87268 Douglas 11/08/2002 Affirmed State […]

689 P.2d 778 STATE OF KANSAS, Appellee, v. CLAYTON LOGAN, Appellant. No. 55,320Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Effective Assistance of Counsel — Determination. The test to determine whether a criminal defendant has been denied effective assistance of counsel as set forth in Schoonover […]

535 P.2d 432 DORIS JEAN MIES, Appellee, v. ALLEN EDWARD MIES, Appellant. No. 47,744Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. TRIAL — Controlling Findings and Controlling Law Mandatory. In civil actions tried to the court the rules requiring expression of controlling findings of fact (K.S.A. 60-252 [a]) and […]

494 P.2d 1233 KARL D. SULKIS, Appellee, v. ROBERT I. ZANE, Appellant. No. 46,238Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT 1. NEW TRIAL — When a Statutory Ground Exists — Judicial Discretion. Where one of the grounds specified in K.S.A. 60-259 (now 1971 Supp.) is shown to exist, the […]

205 P.3d 698 ESTATE OF ETHEL F. DRAPER, deceased, Appellee, v. BANK OF AMERICA, N.A., as Trustee of the ETHEL F. DRAPER IRREVOCABLE VOLUNTARY TRUST AGREEMENT DATED APRIL 8, 1982, Appellee/Cross-appellee, FIRST CHRISTIAN CHURCH OF OLATHE, KANSAS, Appellant, JANIS M. WALESKI MURPHY and MARY H. MOELLER, Appellees/Cross-appellants, UMB BANK, N.A., AMERICAN CANCER SOCIETY HEARTLAND DIV., […]

468 P.2d 227 STATE OF KANSAS, Appellee, v. WILLIE D. GRANT, Appellant. No. 45,640Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Notice to Invoke Habitual Criminal Act — Denying Transcript Not Error. The record in a criminal action is examined on appeal and it is held: (a) […]

243 P.2d 204 HENRY C. HANDLEY, Appellant, v. CLIFFORD M. HANDLEY, GLADYS NAOMI HANDLEY, HENRY C. HANDLEY, SR., Appellees. No. 38,479Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. INCOMPETENT PERSONS — Contracts — Validity. “An executed contract of a person of unsound mind who has not been adjudged insane […]

897 P.2d 92 JOYCE H. CRANDON, Appellant, v. STATE OF KANSAS, KANSAS BANKING COMMISSION, and FRANKIE D. DUNNICK, Appellees. No. 71,138Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Employment Relationship. Attorneys have an employee-employer relationship different than that of other employees, and their conduct is […]

518 P.2d 437 DARRELL A. MARTIN, Conservator for KERRY N. MARTIN, a Minor, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. No. 47,226Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. HIGHWAY — Defect in State Highway — Statutory — No Legal Rules as to What Constitutes a Defect. The […]

20 P.3d 1264 STATE OF KANSAS, Appellee, v. REYNALDO ALVIDREZ, Appellant. No. 84,522Supreme Court of Kansas Opinion filed: April 20, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Frist-degree Murder — Motion to Suppress Evidence — Admissibility of Cross-Examination Evidence that Defendant Always Carried a Gun — Sufficiency of Evidence to Prove Premeditation. In […]

238 P.3d 752 STATE OF KANSAS, Appellee, v. JOHN D. HOWARD, Appellant. No. 101,824.Court of Appeals of Kansas. September 10, 2010. SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter Jurisdiction — Issue May Be Raised at Any Time — Appellate Review. The issue of subject matter jurisdiction may be raised at any time by a […]

973 P.2d 165 STATE OF KANSAS, Appellee, v. DONALD R. BARKSDALE, a/k/a DONALD R. GRIFFIN, Appellant. No. 77,041Supreme Court of Kansas Opinion filed January 22, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Single Trial for Separate but Similar Charges — Trial Court Discretion — Appellate Review. Whether a defendant will be tried on […]

324 P.2d 174 CHRISTEEN E. KELSO, Appellee, v. JAMES I. KELSO, Appellant. No. 40,865Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT 1. JUDGMENTS — Entry Nunc Pro Tunc. If a journal entry of judgment fails to accurately reflect a judgment actually rendered courts have a right and duty to make […]

551 P.2d 1247 STATE OF KANSAS, Appellee, v. GREGORY K. FAULKNER, Appellant. No. 48,177Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. EVIDENCE — Admissibility of Other Crimes — What Trial Court Must Determine. In ruling on the admissibility of other crimes evidence under K.S.A. 60-455, the trial court must […]

622 P.2d 986 STATE OF KANSAS, Appellee, v. ADRIAN C. WASHINGTON, Appellant. No. 51,885Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Scientific Opinion — When Admissible. Before expert scientific opinion may be received in evidence, the basis of that opinion must be shown to be generally […]

368 P.2d 1 HUBERT HALE and DELORES HALE, Appellants, v. OPAL A. MANION and ROBERT MANION, d/b/a EL DORADO CAB COMPANY, and ALVIN SCHIESSER, Appellees, and WILLIAM E. BRIGHT, Defendant. No. 42,381Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT DEATH — Wrongful Death Statute — Death of Unborn Child. Under […]

237 P.3d 1229 STATE OF KANSAS, Appellee, v. JOSHUA L. STONE, Appellant. No. 100,076.Supreme Court of Kansas. Opinion filed August 20, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Closing Argument — Contemporaneous Objection Required to Preserve Issue for Appeal. A contemporaneous objection to prosecutorial misconduct during closing argument is not required […]

680 P.2d 545 MARY JANE REICH, Appellee, v. DALE REICH, Appellant. No. 55,426Supreme Court of Kansas Opinion filed April 27, 1984. SYLLABUS BY THE COURT DIVORCE — Division of Property — Trial Court Discretion — Appellate Review. In an appeal from the order of a trial court dividing the marital property following the granting of […]

691 P.2d 394 IN THE MATTER OF AN ORDER OF THE BOARD OF TAX APPEALS OF THE STATE OF KANSAS UPON THE APPLICATION OF MIDLAND INDUSTRIES, INC. FOR RELIEF FROM TAX GRIEVANCE IN SEDGWICK COUNTY, KANSAS, AND IN THE MATTER OF AN ORDER OF THE BOARD OF TAX APPEALS OF THE STATE OF KANSAS UPON […]

517 P.2d 563 B.A. GREEN CONSTRUCTION COMPANY, INC., Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant. No. 47,001Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT INSURANCE — Liability Insurance Policy — Exclusion Clause Construed. A general liability insurance policy containing a clause excluding property damage “to work performed by or on […]

441 P.2d 881 TOM SCHREPPEL AND RUDY SCHREPPEL d/b/a TOM AND RUDY’S BARGAIN CENTER, Appellees, v. CAMPBELL SIXTY-SIX EXPRESS, INC., a Corporation, Appellant. No. 45,045Supreme Court of Kansas Opinion filed June 8, 1968. SYLLABUS BY THE COURT 1. CARRIERS — Interstate Commerce Act — Delivery Within Reasonable Time — Special Contract Unenforceable. Under the provisions […]

819 P.2d 667 STATE OF KANSAS, Appellee, v. MICHAEL W. RAMSEY, Appellant. No. 65,139Court of Appeals of Kansas Opinion filed October 25, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentence Imposed following Plea of Guilty or Nolo Contendere — Minimum Sentence — Jurisdiction of Appellate Court to Hear Appeal. Because K.S.A. 22-3602(a) precludes […]

174 P.3d 452 LEROY M. STEPHEN, Appellee, v. PHILLIPS COUNTY, and KANSAS WORKERS RISK COOPERATIVES FOR COUNTIES, Appellants. No. 97,254.Court of Appeals of Kansas. Opinion filed January 18, 2008. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Permanent Partial General Disability — Calculation of Award. K.S.A. 44-510e(a) provides that a permanent partial general disability award […]

840 P.2d 1142 STATE OF KANSAS, Appellee, v. RICHARD GRISSOM, JR., Appellant. No. 66,268Supreme Court of Kansas Opinion filed November 10, 1992. SYLLABUS BY THE COURT 1. EVIDENCE — Circumstantial Evidence. Circumstantial evidence is evidence that tends to prove a fact in issue by proving other events or circumstances which, according to the common experience […]

505 P.2d 691 THE STATE OF KANSAS, Appellee, v. SOLOMON L. ANDERSON, Appellant. No. 46,604Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Photographic Identification — Prior to Filing Charges — Not Critical Stage of the Proceedings. A photographic identification by witnesses prior to the filing of […]

336 P.2d 409 ARLEY C. BROWNING, Petitioner, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Respondent. No. 41,283Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Writ Denied. In an original proceeding in habeas corpus the record is examined and considered and it is […]

399 P.2d 559 STATE OF KANSAS, Appellee, v. THOMAS BAIER, Appellant. No. 44,093Supreme Court of Kansas Opinion filed March 6, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Forgery — Preliminary Hearing — Counsel. The record is examined in a criminal prosecution for forgery in the second degree under the provisions of K.S.A. 21-608 where […]

369 P.2d 335 In the Matter of the Estate of Martha Elizabeth Barrier, Deceased. DAVID W. KESTER, Guardian Ad Litem of Mary Ellen Barrier, an Incompetent, and W.E. SEARS, Guardian of Mary Ellen Barrier, an Incompetent, Appellants, v. KARL B. JACKSON, Executor and Trustee Under the Will of Martha Elizabeth Barrier; GEORGE E. JACKSON, One […]

685 P.2d 321 NELCINE SIMMS, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellant, and FAIRFAX INSTITUTE FOR SOBRIETY, INC., Intervenor-Appellee. No. 56,072Court of Appeals of Kansas Opinion filed August 2, 1984 SYLLABUS BY THE COURT 1. CONFLICT OF LAWS — Contracts — Applicable Law Depends on Where Contract Is Made. Under Kansas law the choice of […]

859 P.2d 394 CITIZENS BANK TRUST, Appellant, v. BROTHERS CONSTRUCTION MANUFACTURING, INC., Appellee. No. 68,924Court of Appeals of Kansas Opinion filed August 27, 1993 SYLLABUS BY THE COURT 1. MORTGAGES — Foreclosure — Interest of Lessee in Possession of Real Estate Not Terminated When Lessee Not a Party to Foreclosure Action. The interest of a […]

3 P.3d 586 STATE OF KANSAS, Appellee, v. BARRY CHATAGNIER, Appellant. No. 81,601Court of Appeals of Kansas Opinion filed April 7, 2000. Petition for review denied 269 Kan. 935 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation, Parole or Postrelease Supervision — Uniform Act for Out-of-State Parolee Supervision — Appellate Review. The appellate […]

179 P.3d 451 IN THE MATTER OF ROBERT E. WONDER, Respondent. No. 99, 495.Supreme Court of Kansas. Opinion filed March 28, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed March 28, 2008. Published censure. Frank D. thehl, deputy disciplinary administrator, argued the cause, and […]

49 P.3d 541 In the Matter of WESTON A. SECHTEM, Respondent. No. 88,459Supreme Court of Kansas Opinion filed: July 12, 2002. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed July 12, 2002. Disbarment. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the formal complaint for petitioner. There was no appearance […]

715 P.2d 389 RAYMOND GIRRENS, Appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellee. No. 57,590Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist Coverage — Class of Insureds Covered under Uninsured Motorist. K.S.A. 1985 Supp. 40-284 requires every automobile liability insurance policy to include uninsured […]

565 P.2d 612 STATE OF KANSAS, Appellee, v. WILFRED MANTZ, Appellant. No. 48,551Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — First Degree Murder — Premeditation — Adequate Representation — Endorsement of Additional Witnesses — Evidentiary Rulings — Refusing Instruction — Testimony at Preliminary Hearing Read at Trial. […]

750 P.2d 409 In the Matter of LYLE BRITT, Respondent. No. 60,927Supreme Court of Kansas Opinion filed February 19, 1988. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Opinion filed February 19, 1988. Public Censure. Bruce E. Miller, disciplinary administrator, argued the cause, and Stanton A. Hazlett, deputy disciplinary administrator, […]