Category: Kansas Court Opinions

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 […]

135 P.3d 1169 STATE OF KANSAS, Appellee, v. JACK LESLIE HARNED, Appellant. No. 93,168.Supreme Court of Kansas. Opinion filed June 9, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Denial of Motion to Withdraw Plea — Trial Court Discretion — Appellate Review — Defendant’s Burden to Establish Abuse of Discretion. The decision to deny a […]

808 P.2d 911 NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellee. No. 65,367Court of Appeals of Kansas Opinion filed April 5, 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 […]

676 P.2d 744 LAVERNE L. DALE, Appellee, v. KING LINCOLN-MERCURY, INC., Appellant. No. 54,801Supreme Court of Kansas Opinion filed February 18, 1984. SYLLABUS BY THE COURT CONSUMER PROTECTION ACT — Used Car Dealer Cannot Limit Implied Warranty of Merchantability and Fitness. Under K.S.A. 50-639, one of the sections of the Kansas Consumer Protection Act, a […]

401 P.2d 659 TOM MILLER YEATES, Appellant, v. EDWIN M. HARMS and ST. FRANCIS HOSPITAL SCHOOL OF NURSING, INC., a Corporation, Appellees. No. 43,232Supreme Court of Kansas Opinion on rehearing filed May 4, 1965. OPINION ON REHEARING Appeal from Sedgwick district court, division No. 2; HOWARD C. KLINE, judge. Opinion on rehearing filed May 4, […]

205 P.3d 1245 UNIFIED SCHOOL DISTRICT NO. 232, JOHNSON COUNTY, STATE OF KANSAS, Appellee, v. CWD INVESTMENTS, LLC, AND DUGGAN HOMES, INC., Appellants. No. 97,581.Supreme Court of Kansas. Opinion filed April 17, 2009. SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Burden on Party Challenging Summary Judgment Motion. The burden is not on the party moving […]

306 P.2d 190 In the Matter of the Estate of Jennie E. Ray, Deceased. (ETHEL MAY PARKER, Appellant, v. ROY RAY, NETTIE RAY BAILEY and ROBERT PENNINGTON, Administrator, Appellees.) No. 40,367Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Claim for Services — Oral Contract to […]

50 P.3d 1 JOSEPH L. ANDERSON, Appellant, v. L.E. BRUCE, et al., Appellees. No. 85,952Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. In construing statutes and determining legislative intent, several provisions of an act, in pari materia, must be construed together with a […]

246 P.2d 308 GEORGE J. WISE and THE PHOENIX INDEMNITY COMPANY, Appellees, v. THE MORGAN-MACK MOTOR COMPANY, THE CONTINENTAL CASUALTY COMPANY and DEWEY R. FARRIER, Appellants. No. 38,734Supreme Court of Kansas Opinion filed July 3, 1952. SYLLABUS BY THE COURT 1. TORTS — Assignment. Ordinarily a cause of action in tort is not assignable. 2. […]

801 P.2d 1319 In the Matter of CARL S. BLACK, Respondent. No. 65,120Supreme Court of Kansas Opinion filed December 7, 1990. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Probation. Original proceeding in discipline. Opinion filed December 7, 1990. One-year probation. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and […]

11 P.3d 72 STATE OF KANSAS, Appellee, v. MICHAEL R. LUDES, Appellant. No. 84,088Court of Appeals of Kansas Opinion filed September 8, 2000. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Traffic Stop — Fourth Amendment Seizure. The traffic stop of a vehicle by a law enforcement officer is a seizure under the Fourth Amendment […]

982 P.2d 406 In the Matter of the Marriage of DONNA J. SCHOBY, Appellee, and DAVID SCOTT SCHOBY, Appellant. No. 82,074Court of Appeals of Kansas Opinion Filed July 23, 1999. SYLLABUS BY THE COURT MINORS — Emancipation — Marriage of Minor Child Does Not Automatically Terminate Child Support. Marriage of a minor child does not […]

592 P.2d 909 CITY OF OVERLAND PARK, KANSAS, Appellant, v. REGINALD ESTELL, and CYNTHIA ANN McDIFFETT, Appellees. Nos. 50,189, 50,190 CONSOLIDATEDSupreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT APPELLATE PROCEDURE — Appeals from Municipal Court Convictions — Indigent Defendants — Attorney Fees. In consolidated cases involving a district judge’s dismissals […]

843 P.2d 260 ANTHONY BYER DAVIS, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 67,793Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Sobriety Vehicle Checkpoints — Constitutionality — Statutory Authorization Not Prerequisite. Sobriety checkpoints have been found to be constitutional under the United States Constitution Fourth […]

991 P.2d 905 STATE OF KANSAS, Appellee, v. MARIO GARZA, Appellant. No. 77,294[1] Court of Appeals of Kansas Opinion filed January 29, 1999. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated June 9, 1999, pursuant to Rule 7.04 (1999 Kan. Ct. R. […]

719 P.2d 752 JOYCE ANN JOHNSON and KELLY ANN JOHNSON, Appellants, v. LYLE P. BAKER, Appellee. No. 57,832Court of Appeals of Kansas Opinion filed May 29, 1986 SYLLABUS BY THE COURT 1. DAMAGES — Collateral Source Rule — Effect on Recovery of Compensatory Damages in Tort Action. The collateral source rule permits an injured party […]

603 P.2d 647 NANCY WACHHOLZ, Appellee, v. JOHN WACHHOLZ, Appellant. No. 50,751Court of Appeals of Kansas Opinion filed December 7, 1979 SYLLABUS BY THE COURT 1. STATUTES — Construction. Rules for statutory construction are reviewed and applied. 2. DIVORCE — Marital Property — Division of Property. K.S.A. 1978 Supp. 23-201 is examined and it is […]

243 P.3d 708 BRIAN SHIRLEY, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 103,317.Court of Appeals of Kansas. Opinion filed December 10, 2010. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Trial Court Decision Based on Documents and Stipulated Facts — Appellate Review. When a case is decided by a trial court based upon documents […]

535 P.2d 948 ROBERT STEELE, JR., Appellee — Cross-Appellant, v. GENERAL AMERICAN LIFE INSURANCE COMPANY, Appellant — Cross-Appellee. No. 47,552Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. INSURANCE — Group Health and Accident Policy — Dependent of Covered Employee — Right to Make Claim and Bring Action. A dependent […]

202 P.3d 87 BARTON J. COHEN, as Trustee of the BARTON J. COHEN REVOCABLE TRUST, and A. BARON CASS, III, as Trustee of the A. BARON CASS FAMILY TRUST, u/t/a dated March 22, 1989, as amended, Appellants, v. MARION BATTAGLIA, Appellee. No. 99,793.Court of Appeals of Kansas. Opinion filed March 6, 2009. SYLLABUS BY THE […]

403 P.2d 128 NORTHERN NATURAL GAS PRODUCING COMPANY, a Corporation, Appellee, v. WAYNE E. McCoy, Director of Revenue of the State of Kansas or His Successor in Office, Appellant. No. 44,116Supreme Court of Kansas Opinion filed June 12, 1965. Appeal from Shawnee district court, division No. 1; BERYL R. JOHNSON, judge. Opinion filed June 12, […]

327 P.2d 1088 JAMES E. HARRIS, Appellant, v. CITY OF TOPEKA, KANSAS, Appellee. No. 40,979Supreme Court of Kansas Opinion filed July 7, 1958. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Action to Recover Overtime Services — Quantum Meruit — Sufficiency of Petition — Demurrer. A regular city employee who performed overtime services and labor for […]

689 P.2d 860 UNIFIED SCHOOL DISTRICT No. 503, Appellee, v. DON McKINNEY and MARILYN TAYLOR, Appellants. No. 56,354Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. INJUNCTION — Equitable Remedy. Injunction is an equitable remedy and its grant or denial in each case is governed by the principles of equity. […]

381 P.2d 347 GOLDIE WARD, Appellant, v. LEONARD B. WARD, Appellee. No. 43,229Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT DIVORCE — Motion to Revise and Vacate Judgment — Property Settlement — No Abuse of Discretion. In an appeal, following the granting of a default decree to the wife in […]

49 P.3d 458 STATE OF KANSAS, Appellee, v. MICHAEL J. MILLER, Appellant. No. 86,761Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Fair Trial — Constitutional Guarantee. A defendant’s right to a fair trial is guaranteed by the Fourteenth Amendment to the United States Constitution. 2. JUDGES […]

147 P.3d 125 STATE OF KANSAS, Appellee, v. SAM COOPERWOOD, II, Appellant. No. 92,488.Supreme Court of Kansas. Opinion filed December 8, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Defendant’s Right to Present Theory of Defense — Exclusion of Evidence Pertaining to Defendant’s Defense Is Unconstitutional. Under the state and federal Constitutions a defendant is […]

762 P.2d 198 In the Matter of the Estate of JOSEPH W. FORRESTER, deceased. No. 61,914Court of Appeals of Kansas Opinion filed October 14, 1988 Petition for review denied 244 Kan. 737. SYLLABUS BY THE COURT 1. STATUTES — Prospective Versus Retrospective Application. A statute operates prospectively unless the language of the statute clearly shows […]

601 P.2d 671 ROBERT FREY and RICHARD FREY, Appellees, v. INTER-STATE SAVINGS and LOAN ASSOCIATION OF KANSAS CITY, Appellant. No. 49,809Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT ESTOPPEL — Collateral Estoppel. The doctrine of collateral estoppel may be invoked only as to questions and issues shown to have been […]

605 P.2d 147 IN THE MATTER OF THE ELECTION OF FRED MASSEY TO POSITION No. 3, BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT No. 469, LANSING, KANSAS. FRED MASSEY, Contestee, Appellant. MARGARET BERGER, Contestant; LARRY SCHELLER, LEAVENWORTH COUNTY CLERK; and UNIFIED SCHOOL DISTRICT No. 469, Appellees. No. 51,130Supreme Court of Kansas Opinion filed January 19, 1980. […]

316 P.2d 265 LEO WENDLER, Appellee, v. THE CITY OF GREAT BEND, KANSAS, Appellant. No. 40,598Supreme Court of Kansas Opinion filed September 27, 1957. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Operating Airport — Destruction of Aircraft by Fire — Proprietary Function. Where plaintiff seeks recovery from a municipality alleging the negligent destruction of […]

254 P.2d 301 ERNEST TAYLOR, Appellee, v. THELMA TAYLOR, Appellant. No. 38,755Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT DIVORCE — Property Subject to Division — Jointly Acquired Property. In a divorce action in which the court made a division of property between the parties, the record is examined and […]

803 P.2d 581 STATE OF KANSAS, Appellee, v. JIMMIE D. OYLER, SR., Appellant. No. 65,061Court of Appeals of Kansas Opinion filed December 21, 1990 Petition for review denied 248 Kan. 998 (1991). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jurisdiction — Indian Reservations — State Jurisdiction Only by Express Provision of Congress. State laws […]

163 P.3d 311 STATE OF KANSAS, Appellant, v. JASON TEDDER, Appellee. No. 97,134.Court of Appeals of Kansas. Opinion filed July 20, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review of District Court’s Decision on Motion to Suppress. When the material facts to the district court’s decision on a motion […]

375 P.2d 618 FRED W. FRANKLIN, Appellee, v. WATKINS, INC., and CONSOLIDATED UNDERWRITERS, Appellants. No. 42,595Supreme Court of Kansas Opinion on rehearing filed November 3, 1962. OPINION ON REHEARING SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Statute Applicable Only to Final Receipts. The provisions of G.S. 1949, 44-527, have application only to final receipts […]

227 P.2d 88 A. DUVANEL, Appellant, v. SINCLAIR REFINING COMPANY, A Corporation, Appellee. No. 38,126Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT 1. COVENANTS — Express Excludes Implied Covenants — Rule Stated. The general rule is that an express contract on a given subject matter, absent fraud or mutual mistake, […]

894 P.2d 260 GOLCONDA SCREW, INC., Appellee, v. WEST BOTTOMS LTD., ALVIN H. O’CONNELL, and MARY A. O’CONNELL, Appellants. No. 71,600Court of Appeals of Kansas Opinion filed April 28, 1995 SYLLABUS BY THE COURT 1. DAMAGES — Punitive Damages. Punitive damages are awarded to punish the wrongdoer for the malicious, vindictive, or willful and wanton […]

245 P.2d 173 JEAN GOETSCH, Appellee, v. H. LEE GOETSCH, Appellant. No. 38,657Supreme Court of Kansas Opinion filed June 7, 1952. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Sufficiency of Findings — Review. It is not the function of this court to make original findings of fact on appellate review but only to […]

961 P.2d 667 STATE OF KANSAS, Appellee, v. CLIFFORD A. SCOTT, Appellant. No. 75,684Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Cruel and Unusual Punishment — United States and Kansas Constitutions Construed Similarly.The Cruel and Unusual Punishment Clauses of the Eighth Amendment to the United States […]

580 P.2d 86 STATE OF KANSAS, Appellee, v. SEAN TERRENCE DeCOURCY and KENNETH GENE CARR, Appellants. AND STATE OF KANSAS, Appellant, v. STEVEN RAY MOULSON, Appellee. Nos. 49,381, 49,487Supreme Court of Kansas Opinion filed June 10, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Mandatory Minimum Sentencing for Crime Involving Firearm — Constitutionality. K.S.A. […]

516 P.2d 990 LOTTIE RYDER, Appellee, v. DORMAN L. REAGOR, d/b/a Union Bus Depot and TRINITY UNIVERSAL INSURANCE COMPANY, Appellants. No. 47,175Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Failure to Pay Medical Expenses — Lump-sum Judgment Granted. The record in an action to recover a lump-sum […]

340 P.2d 393 STATE OF KANSAS, ex rel. DORIS MAYER, Appellee, v. RAY PINKERTON, JR., Appellant. No. 41,387Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT 1. ILLEGITIMATE CHILDREN — Nature of Proceedings — Right of Trial by Jury. Since a proceeding brought under the provisions of G.S. 1949, Ch. 62, […]

618 P.2d 788 PAUL G. KENNEDY and ALICE C. KENNEDY, Plaintiffs, v. THE CITY OF SAWYER, KANSAS and GENE AUBLEY, Appellants, v. CONTINENTAL RESEARCH CORPORATION and HUGE COMPANY, Appellees. No. 49,732Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT 1. TORTS — Strict Liability — Liability of Manufacturer and Others in […]

748 P.2d 903 FIRST NATIONAL BANK OF SHAWNEE MISSION, Appellant, v. JAMES V. HUNDLEY, Appellee. No. 60,594Court of Appeals of Kansas Opinion filed January 21, 1988 SYLLABUS BY THE COURT 1. UNIFORM CONSUMER CREDIT CODE — Parties to Loan Transaction May Voluntarily Subject Themselves to UCCC Provisions. The parties to a loan transaction may voluntarily […]

892 P.2d 918 STATE OF KANSAS, Appellee, v. JEREMY LEE RHOADS, Appellant. No. 71,205Court of Appeals of Kansas Opinion filed April 7, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendants’ Right to Be Present at In-chambers Conference. When a defendant’s counsel waives the defendant’s right to be present at an in-chambers conference and […]

825 P.2d 174 STATE OF KANSAS, Appellee, v. CLAYTON NORTHRUP, Appellant. No. 65,911Court of Appeals of Kansas Opinion filed January 24, 1992 Petition for review denied 250 Kan. 807 (1992). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Controlled Substance — Scientific Tests Probative in Identifying Controlled Substance But Other Means of Proof Exist. Although […]

241 P.3d 114 In the Matter of J.L.B. No. 103,933.Court of Appeals of Kansas. Opinion filed October 8, 2010. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. The interpretation of a statute presents a question of law subject to unlimited review. 2. SAME — Construction — Legislative Intent — Appellate Review. The most […]

457 P.2d 172 STATE OF KANSAS, Appellee, v. CHARLES STAMPS, Appellant. No. 45,404Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Embezzlement by Bailee — Instruction as to Intent — Evidence. In a prosecution for the offense of embezzlement by bailee, under the provisions of K.S.A. 21-547, the […]

995 P.2d 855 RICHARD H. FRAZIER, Claimant/Appellant, v. MID-WEST PAINTING, INC., Respondent/Appellee, AND CNA INSURANCE COMPANIES, Insurance Carrier/Appellee. No. 79,833Supreme Court of Kansas Opinion filed January 28, 2000. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Primary Injury — Compensation for Every Natural Consequence from Injury Including Subsequent Injuries. When a primary injury under the […]

567 P.2d 876 KENNETH M. VARNEY, Appellant, v. EMILY D. VARNEY, Appellee. No. 48,502Supreme Court of Kansas Opinion filed July 11, 1977. SYLLABUS BY THE COURT WRIT OF PROCESS — Submitting to Jurisdiction — Process — Living in Marital Relationship — The provisions of K.S.A. 60-308 (b) (8) are examined, construed and applied, and it […]

578 P.2d 274 STATE OF KANSAS, Appellee, v. STEVEN R. McCARTY, Appellant. No. 49,584Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Mandatory Minimum Sentencing for Crimes Involving Firearms — Judicial Determination. Under K.S.A. 1976 Supp. 21-4618, whether a defendant used a firearm in the […]

125 P.3d 1089 STATE v. SHOEMAKER. Nos. 93,261, 93,278.Court of Appeals of Kansas. January 6, 2006. Appeal from Sedgwick. Decision without published opinion. Affirmed.

411 P.2d 704 ROBERT B. GORRILL and BILLIE L. GORRILL, Appellees and Cross-Appellants, v. CITY OF LAWRENCE, KANSAS, a Municipal Corporation, Appellant and Cross-Appellee. No. 44,318Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Power of City to Narrow Street — Damages — Remedy. In order to promote […]

120 P.3d 808 STATE v. KILLINGSWORTH. No. 93,207.Court of Appeals of Kansas. October 7, 2005. Decision without published opinion. Affirmed.

350 P.2d 58 W.F. PLETCHER, Appellee, v. L.C. ALBRECHT, Appellant. No. 41,649Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT MORTGAGES — Assignment of Mortgage — Assignment Not Recorded Prior to Payment — Payment to Mortgagee’s Husband — Effect. In an action to cancel a mortgage of record, on grounds the […]

634 P.2d 144 STATE OF KANSAS, Appellee, v. FLOYD CALVIN PUCKETT, Appellant. No. 52,507Court of Appeals of Kansas Opinion filed August 28, 1981 Affirmed 230 Kan. 596, 640 P.2d 1198 (1982) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Acquittal Motion — Trial Judge Considerations. A trial judge in passing upon a motion for judgment […]

101 P.3d 740 STATE v. BATES. No. 92,026.Court of Appeals of Kansas December 10, 2004. Appeal from the Saline. Decision without published opinion. Affirmed.

855 P.2d 960 IN THE MATTER OF JACQUELINE EDGAR-AUSTIN, Respondent. No. 69,429Supreme Court of Kansas Opinion filed July 9, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed July 9, 1993. Public censure. Martha M. Snyder, deputy disciplinary administrator, argued the cause, and Bruce […]

137 P.3d 1058 IN THE MATTER OF THE APPEAL OF GARDEN CITY MEDICAL CLINIC, P.A., FOR EXEMPTION FROM AD VALOREM TAXATION IN FINNEY COUNTY, KANSAS. No. 93,091.Court of Appeals of Kansas. Opinion filed July 14, 2006. SYLLABUS BY THE COURT1. STATUTES — Constitutionality — Court’s Duty to Uphold Statute if Possible. The constitutionality of a […]

613 P.2d 400 STATE OF KANSAS, Appellee, v. IRA E. PRAY, Appellant. No. 51,675Court of Appeals of Kansas Opinion filed July 11, 1980 SYLLABUS BY THE COURT AUTOMOBILES — Minimum Speed Regulations. On appeal from conviction under K.S.A. 8-1561(a), the record is examined and it is held: Whether a motor vehicle is being driven at […]

907 P.2d 140 STATE OF KANSAS, Appellee, v. JOE JOHNSON, III, Appellant. No. 71,882Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty Plea — Withdrawal of Plea for Good Cause Shown. A plea of guilty, for good cause shown and within the discretion of the court, […]

239 P.2d 960 ANNA M. PALMER, Appellant, v. THE LAND AND POWER COMPANY, a Corporation, and A.L. NEWMAN, Appellees. No. 38,424Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT 1. TRIAL — Demurrer to Evidence — Favorable Consideration of Evidence. In testing the sufficiency of evidence as against a demurrer, the […]

126 P.3d 1132 CITY OF WICHITA v. ATKINSON. No. 93,812.Court of Appeals of Kansas. January 27, 2006. Appeal from Sedgwick. Affirmed.

347 P.2d 369 THE BOARD OF EDUCATION OF THE CITY OF HERINGTON OF THE STATE OF KANSAS, Appellee, v. BERT L. THOMPSON, JR., FRANCES K. THOMPSON, HELEN THOMPSON SANDERSON, et al., Appellants. No. 41,479Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. PLEADING — Demurrer. It is an ancient rule […]

509 P.2d 1125 THE STATE OF KANSAS, Appellee, v. EDWARD E. WELCH, Appellant. No. 46,958Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Time in Jail and on Bond Examined — Not Entitled to Discharge. Under the provisions of K.S.A. 1971 Supp. 22-3402, where […]