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 […]
Category: Kansas Court Opinions
BERKSHIRE AIRCRAFT, INC. v. AEC LEASING CO., 32 Kan. App. 2d xviii (2004)
Berkshire Aircraft, Inc. v. AEC Leasing Co. No. 90,581.Court of Appeals of Kansas. March 26, 2004. Appeal from the Johnson. Unpublished Opinions Reversed; remanded with directions.
STATE v. GRAHAM, 276 Kan. 971 (2003)
STATE v. GRAHAM. No. 86,899.Supreme Court of Kansas. September 23, 2003. Reported below Unpublished. Petition for review granted.
FAIRBANKS v. HODSCHAYAN, 212 Kan. 545 (1973)
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 […]
STATE v. BRASFIELD, 22 Kan. App. 2d 623 (1996)
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 […]
KENT v. CHASE, SPECIAL ADMINISTRATOR, 1 Kan. App. 2d 251 (1977)
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, […]
STATE v. LUONG, 284 Kan. 949 (2007)
State v. Luong. No. 95,998.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. WEDGEWORTH, 281 Kan. x (2006)
State v. Wedgeworth. No. 88,903.Supreme Court of Kansas. February 10, 2006. Appeal from the Reno. Unpublished Opinions Affirmed.
McDANIEL v. STATE, 281 Kan. 1378 (2006)
McDaniel v. State. No. 93,511.Supreme Court of Kansas. May 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
HIGH PLAINS OIL v. HIGH PLAINS DRILLING PROGRAM-1981, 263 Kan. 1 (1997)
946 P.2d 1382 HIGH PLAINS OIL, LTD., Plaintiff, v. HIGH PLAINS DRILLING PROGRAM-1981, LTD.; HIGH PLAINS DRILLING PROGRAM-1982 Y.E., LTD.; FEDERAL DEPOSIT INSURANCE CORPORATION; CARL CLARK, AS BANKRUPTCY TRUSTEE OF THE BANKRUPTCY ESTATE OF HIGH PLAINS DRILLING PROGRAM-1981, LTD.; Defendants, NATIONAL CITY BANK OF CLEVELAND, OHIO, Appellant, AND BOARD OF COUNTY COMMISSIONERS OF NESS COUNTY, […]
UNION NATIONAL BANK OF WICHITA v. BRUNGARDT, 214 Kan. 641 (1974)
522 P.2d 371 UNION NATIONAL BANK OF WICHITA, a national banking corporation, Appellee, v. F.C. BRUNGARDT, Appellant. No. 47,207Supreme Court of Kansas Opinion filed May 11, 1974. MEMORANDUM OPINION BILLS AND NOTES — Stock Given as Security — Counterclaim. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Opinion filed May 11, […]
STATE v. WILLIAMS, 32 Kan. App. 2d xliii (2004)
State v. Williams. No. 90,030.Court of Appeals of Kansas. April 2, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed. Page xliv
WILLSEY v. KANSAS CITY POWER LIGHT CO., 6 Kan. App. 2d 599 (1981)
631 P.2d 268 DONALD F. WILLSEY and MARJORIE L. WILLSEY, Plaintiffs-Appellees, v. KANSAS CITY POWER LIGHT COMPANY, Defendant-Appellant. No. 51,217Court of Appeals of Kansas Opinion filed July 17, 1981 Petition for review denied September 25, 1981. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Witness — Regulation of Mental Process Used to Arrive at Conclusions. […]
FERRELLGAS, INC. v. CITY OF ATCHISON, 192 Kan. 220 (1963)
387 P.2d 222 A.C. FERRELLGAS, INC., Appellee, v. CITY OF ATCHISON and URBAN RENEWAL AGENCY OF ATCHISON, KANSAS, Appellant. No. 43,323Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT EMINENT DOMAIN — Condemnation — When Interest May Be Allowed. Under the provisions of G.S. 1961 Supp., 26-206, compensation finally awarded for […]
ADAMS v. STATE, 27 Kan. App. 2d 292 (2000)
5 P.3d 1002 KEVIN L. ADAMS, Appellant, v. STATE OF KANSAS, Appellee. No. 82,779.Court of Appeals of Kansas Opinion filed March 31, 2000. Petition for review denied 269 Kan. 931 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Sentence Conversion Restictions between July 1, 1993 and March 24, 1994. Under the clear […]
STATE v. WIELAND, 32 Kan. App. 2d xliii (2004)
State v. Wieland. No. 89,176.Court of Appeals of Kansas. January 9, 2004. Appeal from the Shawnee. Unpublished Opinions Affirmed.
IN RE SHAFER, 288 Kan. 657 (2006)
207 P.3d 208 In the Matter of DEREK J. SHAFER, Respondent. Bar Docket No. 08790.Supreme Court of Kansas. May 6, 2009. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated April 28, 2009, to the Clerk of the Appellate Courts, respondent Derek J. Shafer of Topeka, Kansas, an attorney […]
IN RE MARRIAGE OF BEARDSLEE, 22 Kan. App. 2d 787 (1996)
922 P.2d 1128 In the Matter of the Marriage of MARGERY A. BEARDSLEE, Appellee, and CLARENCE ERNEST BEARDSLEE, Appellant. No. 74,375Court of Appeals of Kansas Opinion filed August 16, 1996. Petition for review denied 260 Kan. 993 SYLLABUS BY THE COURT 1. JUDGMENTS — Relief from Judgment — Trial Court Discretion. Relief from a final […]
IN RE A.P., 25 Kan. App. 2d 268 (1998)
961 P.2d 706 In the Interest of A.P., a Child Under the Age of 18 Years, To-Wit: 07/02/95. No. 80,164Court of Appeals of Kansas Opinion filed July 2, 1998 SYLLABUS BY THE COURT 1. INDIANS — Indian Child Welfare Act — Child Custody. When child custody proceedings involve a parent or child of American Indian […]
U.S.D. NO. 233 v. KANSAS ASS’N OF AMERICAN EDUCATORS, 275 Kan. 313 (2003)
64 P.3d 372 UNIFIED SCHOOL DISTRICT NO. 233 JOHNSON COUNTY, KANSAS, Plaintiff/Appellee, v. KANSAS ASSOCIATION OF AMERICAN EDUCATORS, Defendant/Appellant, and OLATHE NATIONAL EDUCATION ASSOCIATION, Defendant/Appellee. No. 87,898.Supreme Court of Kansas Opinion filed March 7, 2003. SYLLABUS BY THE COURT1. SCHOOLS — Professional Negotiations Act — Determination Whether Group Constitutes Professional Employees’ Organization. The issue of […]
CAIN v. GROSSHANS PETERSEN, INC., 192 Kan. 474 (1964)
389 P.2d 839 TOM C. CAIN and IVY CAIN, Appellants, v. GROSSHANS PETERSEN, INC., a Corporation, Appellee. No. 43,302Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT 1. CONTRACTS — Damages for Breach of Contract — Meeting of the Minds. In an action where plaintiff landowners sought to recover damages under […]
STATE v. POPE, 23 Kan. App. 2d 69 (1996)
927 P.2d 503 STATE OF KANSAS, Appellee, v. BRIDGET POPE, Appellant. No. 74,056Court of Appeals of Kansas Opinion filed November 22, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Second-degree Murder. Murder in the second degree is the killing of a human being committed intentionally or unintentionally but recklessly under circumstances manifesting extreme indifference […]
STATE v. MARBLEY, 20 Kan. App. 2d 34 (1994)
882 P.2d 1004 STATE OF KANSAS, Appellee, v. DENNIS R. MARBLEY, Appellant. No. 69,574Court of Appeals of Kansas Opinion filed October 21, 1994 Petition for review denied 256 Kan. 997 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voir Dire — Peremptory Challenges by State — Defendant’s Allegations of Purposeful Discrimination — Burden of […]
JURADO v. POPEJOY CONSTR. CO., 253 Kan. 116 (1993)
853 P.2d 669 ROSA HILDA JURADO, individually, and ROSA HILDA JURADO, as next friend of VONNEIK JURADO, ALLAN FERMIN JURADO, and OMAR JURADO, Appellants, v. POPEJOY CONSTRUCTION COMPANY and AETNA LIFE AND CASUALTY COMPANY, Appellees. No. 68,212Supreme Court of Kansas Opinion filed May 28, 1993. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Death Benefits […]
STATE v. KRUMROY, 22 Kan. App. 2d 794 (1996)
923 P.2d 1044 STATE OF KANSAS, Appellee, v. HILLIS B. KRUMROY, Appellant. No. 72,934Court of Appeals of Kansas Opinion filed August 23, 1996 Petition for review denied 260 Kan. 999 (1996). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Nonsupport of Child — Imprisonment for Nonsupport of Child Not Imprisonment for Debt. Imprisonment for nonsupport […]
STATE v. GLEASON, 277 Kan. 624 (2004)
88 P.3d 218 STATE OF KANSAS, Appellee, v. NOAH J. GLEASON, Appellant. No. 89,793.Supreme Court of Kansas. Opinion filed April 23, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Felony Murder — Aider and Abettor of Inherently Dangerous Felony. An aider and abettor of an inherently dangerous felony does not have to be physically present […]
HICKMAN TRUST v. CITY OF CLAY CENTER, 266 Kan. 1022 (1999)
974 P.2d 584 WILLIAM R. HICKMAN TRUST, WILLIAM R. HICKMAN and LINDA HICKMAN, Trustees, Appellants, v. CITY OF CLAY CENTER, KANSAS, Appellee. No. 80,566Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. Where a statute is plain and unambiguous, the court must give effect […]
IN RE C.H., 275 Kan. 964 (2003)
IN RE C.H. No. 88,744.Supreme Court of Kansas April 29, 2003. Reported below Unpublished. Petition for review denied.
LUTON v. STATE, 32 Kan. App. 2d xxvii (2004)
Luton v. State. No. 90,220.Court of Appeals of Kansas. July 2, 2004. Appeal from the Sedgwick. Unpublished Opinions Reversed; remanded with directions.
U.S.D. No. 464 v. PORTER, 234 Kan. 690 (1984)
676 P.2d 84 BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT No. 464, Appellee, v. JAMES D. PORTER and RUBY L. PORTER, Appellants. No. 55,409Supreme Court of Kansas Opinion filed January 13, 1984. SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata — Doctrine Not Applicable to Rulings Made Prior to an Appeal That Provides a Trial […]
STATE v. MARTIN, 234 Kan. 548 (1983)
673 P.2d 104 STATE OF KANSAS, Appellee, v. ANTHONY R. MARTIN, Appellant. No. 54,705Supreme Court of Kansas Opinion filed December 13, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Severance of Trials for Codefendants — Trial Court Discretion. Pursuant to K.S.A. 22-3204, the granting of separate trials of codefendants lies within the sound discretion […]
STATE v. JONES, 280 Kan. 987 (2005)
State v. Jones. No. 91,887.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
IN RE J.D., 32 Kan. App. 2d xxiv (2004)
In re J.D. No. 91,255.Court of Appeals of Kansas. April 9, 2004. Appeal from the Riley. Unpublished Opinions Appeal dismissed.
YURK v. STATE, 215 Kan. 389 (1974)
524 P.2d 223 FRANKLIN R. YURK, Appellant, v. STATE OF KANSAS, Appellee. No. 47,343Supreme Court of Kansas Opinion filed July 17, 1974. MEMORANDUM OPINION CRIMINAL LAW — Denial of Post-conviction Relief — Abuse of Remedy. Appeal from Wyandotte district court, division No. 3, HARRY G. MILLER, judge. Opinion filed July 17, 1974. Affirmed. Kenneth E. […]
STATE v. BALDWIN, 37 Kan. App. 2d 140 (2007)
150 P.3d 325 STATE OF KANSAS, Appellee, v. JAMES R. BALDWIN, Appellant. No. 95,402.Court of Appeals of Kansas. Opinion filed January 26, 2007. SYLLABUS BY THE COURT1. JURISDICTION — Court’s Subject Matter Jurisdiction — Appellate Review. The issue of jurisdiction is one of law over which an appellate court’s review is unlimited. Jurisdiction is the […]
BOUCHER v. ROBERTS, 187 Kan. 675 (1961)
359 P.2d 830 SHERRILL BOUCHER, Appellee, v. L.W. ROBERTS, Appellant. No. 42,048Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT 1. TRIAL — Instructions — When Law of the Case. Instructions to the jury, unobjected to directly or by a request for other instructions, become the law of the particular case […]
QUIVIRA, INC. v. QUIVIRA CO., INC., 173 Kan. 339 (1952)
245 P.2d 972 QUIVIRA, INC., a corporation, Appellant, v. QUIVIRA COMPANY, INC., a corporation, Appellee. No. 38,696Supreme Court of Kansas Opinion filed July 3, 1952. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Review — Presumptions. On an appeal, the rule is that error is never presumed. 2. SAME — Burden of Proof. On […]
STATE v. WAGNER, 39 Kan. App. 2d 279 (2008)
179 P.3d 1149 STATE OF KANSAS, Appellee, v. MICHAEL S. WAGNER, Appellant. No. 97,643.Court of Appeals of Kansas. Opinion filed March 21, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When reviewing a trial court’s decision on suppression, an appellate court reviews the factual underpinnings of the decision by […]
BRUNER v. STATE, 277 Kan. 603 (2004)
88 P.3d 214 JOHN D. BRUNER, Appellant, v. STATE OF KANSAS, Appellee. No. 89,033.Supreme Court of Kansas. Opinion filed April 23, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Forensic DNA Testing — No Statutory Procedure for Requesting DNA Tests. K.S.A. 2003 Supp. 21-2512 provides no procedure for requesting DNA testing. 2. HABEAS CORPUS — […]
IN RE ADOPTION OF STECKMAN, 228 Kan. 669 (1980)
620 P.2d 319 In the Matter of the Adoption of DORAL SAMUEL STECKMAN and MILDRED MAE STECKMAN. No. 51,261Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT ADOPTION — Consent — Failure to Assume Parental Duties for Two Years — Strict Construction of Statute. This court will apply the provisions of […]
HOLMES v. KALBACH, 173 Kan. 736 (1953)
252 P.2d 603 BESS HOLMES, Appellee, v. WILLARD KALBACH, Appellant. No. 38,713Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rulings Subject to Review Upon Appeal. Under the provisions of Laws of 1951, Chapter 350, section 1, now G.S. 1951, Supp. 60-3314a, when an appeal or […]
RYCO PACKAGING CORP. v. CHAPELLE INT’L LTD., 23 Kan. App. 2d 30 (1996)
926 P.2d 669 RYCO PACKAGING CORP. OF KANSAS, Appellee/Cross-Appellant, v. CHAPELLE INTERNATIONAL, LTD., et al., Appellants/Cross-Appellees. Nos. 73,787, 73,921Court of Appeals of Kansas Opinion filed: November 15, 1996 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Appellate Review. The standard of review of an order granting summary judgment is stated and applied. 2. […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 3-28-2003)
66 P.3d 261Court of Appeals of Kansas March 28, 2003 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW State v. Gotti 86915 Reno 03/28/2003 Conviction 87581 Affirmed sentence vacated, and case remanded with directions State v. Kislovsky 88064 Johnson 03/28/2003 Reversed and remanded with directions State v. Cooper 88147 Crawford 03/28/2003 Affirmed State v. Gumfory 88188 […]
RINK v. NINNESCAH TOWNSHIP, 281 Kan. 1378 (2006)
Rink v. Ninnescah Township. No. 93,002.Supreme Court of Kansas. May 8, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied. Page 1379
STATE v. CHISHOLM, 243 Kan. 270 (1988)
755 P.2d 547 STATE OF KANSAS, Appellee, v. SCOTT CHISHOLM, Appellant. No. 61,022Supreme Court of Kansas Opinion filed June 3, 1988. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Constitutional Issues — Appellate Review of Constitutional Issues Raised for First Time on Appeal. Appellate courts will not normally review constitutional issues not raised in […]
ALMACK v. STEELEY, 43 Kan. App. 2d 764 (2010)
RIC ALMACK, d/b/a RIC ALMACK ESTATE SALES APPRAISALS, Appellant, v. JIM STEELEY, a/k/a JAMES W. STEELEY, d/b/a STEELEY ASSOCIATES, Appellee. No. 100,664.Court of Appeals of Kansas. Opinion filed May 14, 2010. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Court May Raise Issue at Any Time. Jurisdictional issues can be raised by […]
LYTLE v. PEPSI COLA GENERAL BOTTLERS, INC., 8 Kan. App. 2d 332 (1983)
656 P.2d 786 WILLIAM T. LYTLE, Appellee, v. PEPSI COLA GENERAL BOTTLERS, INC., Appellant. No. 53,945Court of Appeals of Kansas Opinion filed January 20, 1983 Petition for review denied 233 Kan. 1092 (1983). SYLLABUS BY THE COURT 1. INSURANCE — Advance or Partial Payments by Tortfeasor or Insurer as Accommodation to Injured Party — Not […]
TROUT v. KOSS CONSTR. CO., 240 Kan. 86 (1986)
727 P.2d 450 JAMES R. TROUT and ALL FREIGHT SYSTEMS, INC., ROBERT SMITH, and RAYMOND MILLER, Appellees, v. KOSS CONSTRUCTION CO., PAUL J. FULSOM, INC., and KANSAS DEPARTMENT OF TRANSPORTATION, Appellants. No. 58,341Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Appellate Review. It is […]
STATE v. CARTER, 91,542 (Kan.App. 12-30-2004)
102 P.3d 1205 STATE v. CARTER. No. 91,542.Court of Appeals of Kansas December 30, 2004. Appeal from the Reno. Decision without published opinion. Reversed and remanded with directions.
IN RE SHAVER, 269 Kan. 171 (2000)
4 P.3d 581 In the Matter of HOWARD DAVID SHAVER, Respondent. No. 84,189.Supreme Court of Kansas Opinion filed April 21, 2000. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed April 21, 2000. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was […]
McVEY v. PFINGSTON, 3 Kan. App. 2d 276 (1979)
593 P.2d 1014 NETA JEAN McVEY, Appellee, v. EDNA MAE PFINGSTON, Appellant, and EDWARD KENNETH DUNN, Appellee. No. 49,847Court of Appeals of Kansas Opinion filed April 27, 1979 Petition for review denied June 13, 1979. SYLLABUS BY THE COURT 1. WILLS — Devise of Real Property — Joint Tenancy Not Created. A devise of real […]
BOSCH v. STATE, 278 Kan. 843 (2004)
BOSCH v. STATE. No. 91,091.Supreme Court of Kansas. October 27, 2004. Reported below Unpublished. Petition for review denied.
PURE v. ASPLUNDH TREE EXPERT CO., 36 Kan. App. 2d xvii (2006)
Pure v. Asplundh Tree Expert Co. No. 95,139.Court of Appeals of Kansas. July 28, 2006. Appeal from the Workers Comp. Bd. Unpublished Opinions Affirmed.
STATE v. FAIRCHILD, 32 Kan. App. 2d xxxiv (2004)
State v. Fairchild. No. 91,005.Court of Appeals of Kansas. August 6, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.
STATE HIGHWAY COMMISSION v. SAFEWAY STORES, 170 Kan. 413 (1951)
226 P.2d 850 STATE HIGHWAY COMMISSION, Appellee, v. (Isabelle S. Weiss, et al.) SAFEWAY STORES, INC., Appellant. No. 38,015Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Compensation — Lessee an Owner of Property. A tenant for years under a written lease is an “owner” of property […]
IN RE ANGST, 278 Kan. 500 (2004)
102 P.3d 388 In the Matter of ALLEN B. ANGST, Respondent. No. 92,072.Supreme Court of Kansas. Opinion filed December 3, 2004. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed December 3, 2004. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and was […]
IN RE PISTOTNIK, 254 Kan. 294 (1993)
864 P.2d 1166 In the Matter of BRADLEY A. PISTOTNIK, Respondent. No. 69,393Supreme Court of Kansas Opinion filed December 10, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed December 10, 1993. One-year suspension. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and […]
STATE v. BYRD, 203 Kan. 45 (1969)
453 P.2d 22 STATE OF KANSAS, Appellee, v. HERMAN BYRD, JR., Appellant. No. 45,248Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea Discussions — Promise Not to Prosecute — Plea Must Be Voluntary. A guilty plea induced by a prosecuting attorney’s promise not to invoke the […]
STATE v. EVANS, 281 Kan. 1380 (2006)
State v. Evans. No. 92,321.Supreme Court of Kansas. June 8, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. CHAMP, 172 Kan. 737 (1952)
242 P.2d 1070 STATE OF KANSAS, Appellant, v. GENE LUTHER CHAMP, Appellee. No. 38,638Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. HOMICIDE — Manslaughter at Common Law — What Constitutes. “If death results from unlawful conduct amounting to misdemeanor denounced by statute for the purpose of protecting human life […]
STATE v. RIVERA, 286 Kan. 1184 (2008)
State v. Rivera. No. 96,899.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
WELCH v. YOUNG, 225 Kan. 189 (1979)
589 P.2d 567 ADAM R. WELCH, As Administrator de bonis non of the Estate of Luther J. Welch and Administrator of the Estate of Eliza L. Welch, Appellant, v. SHARON K. YOUNG, Appellee. No. 49,017Supreme Court of Kansas Opinion filed January 20, 1979. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Rules Governing. The rules […]
STATE v. FUNK, 275 Kan. 966 (2003)
STATE v. FUNK. No. 87,351.Supreme Court of Kansas February 6, 2003. Reported below Unpublished. Petition for review denied.
STATE v. RAY VENTRIS, 285 Kan. 595 (2008)
176 P.3d 920 STATE OF KANSAS, Appellee, v. DONNIE RAY VENTRIS, Appellant. No. 94,002.Supreme Court of Kansas. Opinion filed February 1, 2008. Rev’d 556 U.S._____, 173 L.Ed. 2d 801, 129 S.ct. 1841 (2009)[1] [1] REPORTER’S NOTE: See opinion on remand from United States Supreme, State v. Ventris, 289 Kan. 314, 212 P.3d 162 (2009). SYLLABUS […]
STATE v. STEVENS, 285 Kan. 307 (2007)
172 P.3d 570 STATE OF KANSAS, Appellee, v. RAY J. STEVENS, Appellant. No. 94,187.Supreme Court of Kansas. December 7, 2007. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Unanimous Verdict in Criminal Trial — Appellate Review. An appellate court exercises unlimited review over issues of jury unanimity. 2. SAME — Jury Instructions — Failure of […]
JOY v. BROWN, 173 Kan. 833 (1953)
252 P.2d 889 VICKY LEE JOY, by Mrs. Roy G. Lewis, her duly appointed, qualified and acting Guardian, Appellant, v. ANNIS WHITLOW BROWN, Appellee. No. 38,804Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. ABORTION — Liability — Consent Rule Discussed. The general rule is that a party who consents […]
IN RE TAX APP. OF ATCHISON, TOPEKA SANTA FE RY, 17 Kan. App. 2d 794 (1993)
844 P.2d 756 In the Matter of the Tax Appeal of ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. No. 68,152Court of Appeals of Kansas Opinion filed January 8, 1993 Petition for review denied 252 Kan. ___ (March 16, 1993). SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appeal of Agency Decision to District Court — […]
WEATHERS v. STATE, 208 Kan. 653 (1972)
493 P.2d 270 ROBERT CHESTER WEATHERS, Appellant v. STATE OF KANSAS, Appellee. No. 46,457Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — How Sufficiency of Information Must be Challenged. Except in cases where an information fails to state a public offense, thus giving the court no jurisdiction […]
STATE v. FRANKLIN, 278 Kan. 849 (2004)
STATE v. FRANKLIN. No. 90,512.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
STATE v. TROTTER, 275 Kan. 968 (2003)
STATE v. TROTTER. No. 87,666.Supreme Court of Kansas February 6, 2003. Reported below Unpublished. Petition for review denied.
DEARBORN ANIMAL CLINIC, P.A. v. WILSON, 248 Kan. 257 (1991)
806 P.2d 997 DEARBORN ANIMAL CLINIC, P.A., et al., Appellant, v. CHARLES R. WILSON, Appellee. No. 63,904Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Record on Appeal — Appellant’s Burden. The burden is on an appellant to designate a record sufficient to present appellant’s position to […]
STATE v. ACKWARD, 281 Kan. 2 (2006)
128 P.3d 382 STATE OF KANSAS, Appellee, v. WORD ACKWARD, JR., Appellant. No. 91,755.Supreme Court of Kansas. Opinion filed February 10, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. In reviewing a district court’s decision regarding suppression, this court reviews the factual underpinnings of the decision by a substantial […]
BADGLEY v. DRIVER CONTROL BUREAU, 27 Kan. App. 2d 557 (2000)
7 P.3d 326 JOHN G. BADGLEY, APPELLANT, v. DRIVER CONTROL BUREAU, DEPARTMENT OF VEHICLES, DEPARTMENT OF REVENUE, STATE OF KANSAS, APPELLEE. No. 83,009.Court of Appeals of Kansas May 19, 2000. Petition for review denied 270 Kan. 897 (2000). SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Restrictions Placed on Person’s Driving Privileges — Authority of […]
IN RE T.D.W., 18 Kan. App. 2d 286 (1993)
850 P.2d 947 In the Interests of T.D.W. and S.W., minors. No. 68,341Court of Appeals of Kansas Opinion filed April 30, 1993 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Code for Care of Children — Appeal by Interested Party in Proceeding. K.S.A. 38-1591(a) provides that an appeal may be taken by any interested party […]
IN RE ESTATE OF GUSTAFSON, 178 Kan. 230 (1955)
284 P.2d 615 In re Estate of John Gustafson, deceased (EDNA GUSTAFSON and MARGARET GUSTAFSON, Appellees, v. C.A. ABERCROMBIE, as Executor and Trustee, Appellant.) No. 39,749Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT 1. TRUSTS — Annual Accounting — Terms and Provisions — Powers Conferred. In a proceedings seeking approval […]
IN RE ESTATE OF McGUIRE, 281 Kan. 1378 (2006)
In re Estate of McGuire. No. 94,074.Supreme Court of Kansas. June 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
RAZO v. ERMAN CORP., 228 Kan. 491 (1980)
618 P.2d 1161 ALFREDO ALEJANDRE RAZO, Appellee, v. ERMAN CORPORATION, INC. and CONTINENTAL NATIONAL AMERICAN INSURANCE GROUP, Appellants. and THE KANSAS WORKMEN’S COMPENSATION FUND, Appellee. No. 50,883Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Apportionment of Award between Fund and Employer — Medical Testimony — Sufficiency of […]
STATE v. CARROW, 35 Kan. App. 2d xv (2006)
State v. Carrow. No. 94,358.Court of Appeals of Kansas. February 17, 2006. Appeal from the Miami. Unpublished Opinions Affirmed.
STATE v. TORRES, 284 Kan. 951 (2007)
State v. Torres. No. 96,071.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
BOYLE v. STATE, 275 Kan. 963 (2002)
BOYLE v. STATE. No. 86,730.Supreme Court of Kansas December 17, 2002. Reported below Unpublished. Petition for review denied.
JONES v. U.S.D. NO. 325, 275 Kan. 964 (2003)
JONES v. U.S.D. NO. 325. No. 88,153.Supreme Court of Kansas April 29, 2003. Reported below Unpublished. Petition for review denied.
KENNEDY v. MID-CONTINENT TELECASTING, INC., 193 Kan. 544 (1964)
394 P.2d 400 VERNE KENNEDY, Appellee, v. MID-CONTINENT TELECASTING, INC., a Corporation, Appellant. No. 43,565Supreme Court of Kansas Opinion filed July 23, 1964. SYLLABUS BY THE COURT 1. PLEADING — Motion to Make Definite — When Appealable Order. While a ruling on a motion to make a pleading definite and certain is not ordinarily an […]
SERVIS v. ESTATE OF SERVIS, 278 Kan. 847 (2004)
SERVIS v. ESTATE OF SERVIS. No. 89,263.Supreme Court of Kansas. May 26, 2004. Reported below Unpublished. Petition for review Granted.
FINLEY v. McCLURE, ADMINISTRATRIX, 222 Kan. 637 (1977)
567 P.2d 851 LAURENCE FINLEY, Appellant, v. ETHEL McCLURE, Administratrix of the Estate of D. JESSIE F. RILEY, Deceased, Appellee. No. 48,441Supreme Court of Kansas Opinion filed July 11, 1977. SYLLABUS BY THE COURT 1. CROPS — Doctrine of Emblements Applied. The doctrine of emblements is discussed and applied under the facts set forth in […]
STATE v. KEE, 238 Kan. 342 (1985)
711 P.2d 746 STATE OF KANSAS, Appellee/Cross-Appellant, v. ELDON E. KEE, JR., Appellant/Cross-Appellee. Nos. 57,704, 57,404, 57,647Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theft — Value of Property Determines Whether Theft Is Felony or Misdemeanor. It is the value of the personal property stolen, not […]
JACKLOVICH v. BRUCE, 275 Kan. 964 (2002)
JACKLOVICH v. BRUCE. No. 87,818.Supreme Court of Kansas December 17, 2002. Reported below Unpublished. Petition for review denied.
GREEN v. STATE, 36 Kan. App. 2d xiv (2006)
Green v. State. No. 94,532.Court of Appeals of Kansas. July 21, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. MAY, 39 Kan. App. 2d 990 (2008)
186 P.3d 847 STATE OF KANSAS, Appellee, v. JAMES A. MAY, Appellant. No. 96,368.Court of Appeals of Kansas. Opinion filed: July 3, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Aggravated Burglary — Crime Distinguished from Simple Burglary. The entry of a person into a building at any time during the course of a burglary […]
STATE v. GARNER, 3 Kan. App. 2d 697 (1979)
600 P.2d 1166 STATE OF KANSAS, Appellant, v. JOE F. GARNER, Appellee. No. 50,470Court of Appeals of Kansas Opinion filed October 12, 1979 Petition for review granted December 6, 1979. SYLLABUS BY THE COURT 1. AUTOMOBILES — Consent of Driver to Take Chemical Test to Determine Blood Alcohol Content — Unconscious Driver. K.S.A. 1978 Supp. […]
DALLAS v. DALLAS, 236 Kan. 92 (1984)
689 P.2d 1184 EDNA ALICE DALLAS, Appellant, v. EARL CLAY DALLAS, Appellee. No. 55,516Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — When Payments Become Judgments. Child support payments become judgments when due. 2. JUDGMENTS — Dormant Judgment — Application to Child Support […]
STATE v. CHASE, 206 Kan. 352 (1971)
480 P.2d 62 STATE OF KANSAS, Appellee, v. DALE ALBERT CHASE, Appellant. No. 45,783Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Murder and Robbery — Insanity — Instruction on Intent — Video Tape Recordings Inadmissible — Verdict Supported by Evidence. In a prosecution for murder in the […]
BANK OF KANSAS v. HUTCHINSON HEALTH SERVICES, INC., 246 Kan. 83 (1990)
785 P.2d 1349 BANK OF KANSAS, Appellee, v. HUTCHINSON HEALTH SERVICES, INC., a Kansas corporation, and THE STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Defendants, and THE CENTRAL STATE BANK, Trustee, Intervenor, and THE STATE DEPARTMENT OF HUMAN RESOURCES OF KANSAS, Intervenor/Appellant. No. 62,727Supreme Court of Kansas Opinion filed January 19, 1990. SYLLABUS […]
STATE v. CORONADO, 278 Kan. 848 (2004)
STATE v. CORONADO. No. 89,341.Supreme Court of Kansas. September 15, 2004. Reported below Unpublished. Petition for review denied.
DIEDERICH v. YARNEVICH, 40 Kan. App. 2d 801 (2008)
DANIEL K. DIEDERICH, Appellant, v. GEORGE W. YARNEVICH, LARRY G. MICHEL, TOM A. WILLIAMSON, AND JAMES R. ANGELL, Appellees. No. 98,810.Court of Appeals of Kansas. Opinion filed November 21, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Rules Stated and Applied. The rules concerning summary judgment are repeated and applied. 2. CORPORATIONS — […]
CATHOLIC DIOCESE OF DODGE CITY v. RAYMER, 251 Kan. 689 (1992)
840 P.2d 456 THE CATHOLIC DIOCESE OF DODGE CITY, Plaintiff-Appellant, v. CHAD A. RAYMER, ANTHONY HAMMEKE, TERRY RAYMER, TERESA RAYMER, ALLAN HAMMEKE, and BRENDA HAMMEKE, Defendants, v. FARMERS INSURANCE CO., INC., Garnishee-Appellee. No. 66,677Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. INSURANCE — Policy Construction — General Rules. The […]
STATE v. RAMIREZ, 278 Kan. ix (2004)
State v. Ramirez. No. 91,302.Supreme Court of Kansas. October 22, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
WASHBURN v. WASHBURN, 204 Kan. 160 (1969)
460 P.2d 503 MARGARET A. WASHBURN, Appellee and Cross-Appellant v. HOWARD WASHBURN, Appellant and Cross-Appellee. No. 45,445Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT DIVORCE — Settlement Agreement — Phase “Any Balance Due” Construed. The phrase “any balance due”, as used in a settlement agreement in anticipation of a divorce, […]
STATE v. THURMAN, 287 Kan. 769 (2009)
State v. Thurman. No. 97,450.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. JONES, 283 Kan. 186 (2007)
STATE OF KANSAS, Appellee, v. TIARA JONES, Appellant. No. 93,643.Supreme Court of Kansas. February 9, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Denial of Motion to Suppress — Appellate Review. In reviewing a trial court’s denial of a motion to suppress statements, an appellate court determines, without reweighing the evidence, […]
STATE v. FRYAR, 18 Kan. App. 2d 576 (1993)
856 P.2d 512 STATE OF KANSAS, Appellee, v. KENNETH L. FRYAR, Appellant. No. 68,464Court of Appeals of Kansas Opinion filed July 16, 1993 Petition for review denied 253 Kan. 861 (1993). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Commitment to Custody of Secretary of Corrections — All Evaluation and Diagnostic Reports Must […]