Category: Kansas Court Opinions

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, […]

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 […]

424 P.2d 535 THE STATE OF KANSAS, Appellee, v. FRANK BASKER, Appellant. No. 44,321Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Representation — Sufficiency of the Information — Display of Gun Not Prejudicial — Belated Instruction Not Coercive. The record of trial wherein defendant was convicted by […]

683 P.2d 902 D. WILLIAM PROVANCE, Plaintiff-Appellee, v. SHAWNEE MISSION UNIFIED SCHOOL DISTRICT No. 512, et al., Defendants-Appellees, v. JACK BALSINGER and RONALD G. BLECKE, Defendants-Appellants. No. 56,155Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. JUDGMENTS — Finality of Trial Court Judgment. When a trial court has jurisdiction of […]

548 P.2d 719 HIGHLAND LUMBER COMPANY, INC., Appellant, v. VIRGIL D. KNUDSON and KENNETH BOYCE, Appellees. No. 47,892Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. AGENCY — Establishing Agency — Burden of Proof. Where the relationship of principal and agent is in issue, the party relying thereon to establish […]

252 P.2d 884 THE STATE OF KANSAS, Appellee, v. D.A. WHITING, Appellant. No. 38,602Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lascivious Behavior — Verdict Supported by Evidence. In a prosecution for lascivious behavior, the entire record is examined and and it is held the evidence […]

573 P.2d 637 KENNETH DARREL JACKSON a/k/a JESSE JACKSON, Appellant, v. STATE OF KANSAS, Appellee. No. 49,269Court of Appeals of Kansas Opinion filed December 16, 1977 Petition for review denied January 25, 1978. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Guilt or Innocence Not Issue in Proceeding under 60-1507. Relief under K.S.A. 60-1507 is […]

64 P.3d 357 BUTLER COUNTY RURAL WATER DISTRICT NO. 8, Appellee, v. DAVID M. YATES and ELIZABETH M. YATES, Appellants. No. 87,548.Supreme Court of Kansas Opinion filed March 7, 2003. SYLLABUS BY THE COURT1. EMINENT DOMAIN — Remedy for Taking is Statutory. In an eminent domain proceeding, the proper remedy for a taking is controlled […]

947 P.2d 1030 STATE OF KANSAS, Appellee, v. DAVID LEE JONES, Appellant. No. 75,149Court of Appeals of Kansas Opinion filed October 3, 1997. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Emergency Doctrine — Warrantless Entry by Law Enforcement to Protect Lives and Property. The emergency doctrine reflects a recognition that the police perform […]

184 P.3d 235 In the Matter of TIMOTHY A. TOTH, Respondent. No. 99,420.Supreme Court of Kansas. Opinion filed May 23, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed May 23, 2008. One-year suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and Stanton […]

320 P.2d 790 WILMER LEE STEBENS, Petitioner, v. TRACY HAND, Warden of the Kansas State Penitentiary, Respondent. No. 40,727Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Failure to Establish Grounds. The record in an original proceeding in habeas corpus is examined and it is held that […]

43 P.3d 887 IN THE INTEREST OF H.R.B., DOB: 12/05/00, A CHILD UNDER 18 YEARS OF AGE. No. 87,290Court of Appeals of Kansas Opinion filed: April 12, 2002. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child in Need of Care Proceeding — Necessary Parties — SRS Not Generally Interested Party. Generally, Kansas Social […]

261 P.3d 538 BARRY L. VENTERS, Appellant, v. SCOTT E. SELLERS, D.O., Appellee. No. 103,395Supreme Court of Kansas Opinion filed: September 2, 2011. SYLLABUS BY THE COURT1. Ordinarily the control of attorneys’ conduct in trial litigation is within the supervisory powers of the trial judge, and an abuse of discretion standard of review applies to […]

35 P.3d 833 STATE OF KANSAS, Appellee, v. JOHN S. HERMOSILLO, Appellant. No. 85,197Supreme Court of Kansas Opinion filed: December 7, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. The standard of review on a sufficiency of the evidence claim is whether, after review of all the evidence, […]

473 P.2d 102 CARL F. REED, Appellee, v. OWEN CHAFFIN, BILL CHAFFIN, GARY CHAFFIN, JIM WRIGHT and LARRY McCUE, Appellants. No. 45,825Supreme Court of Kansas Opinion filed July 17, 1970. SYLLABUS BY THE COURT PARTNERSHIP — Damage for Breach of Oral Partnership Agreement — Inconsistent Findings — Effect. The record in an action to recover […]

234 P.3d 780 KAREN CHISM, Appellant, v. PROTECTIVE LIFE INSURANCE CO. and QUALITY MOTORS OF INDEPENDENCE, INC., Appellees. No. 99,291.Supreme Court of Kansas. Opinion filed June 11, 2010. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Perttton for Review — Grant of Petition in Civil Case — Supreme Court Considers Only Issues Stated in Petition. In […]

372 P.2d 65 CHARLES L. BROWN d/b/a EMBEE COMPANY, a Sole Proprietorship, Appellant, v. GENERAL DISTRIBUTORS, INC., a Corporation, Appellee. No. 42,669Supreme Court of Kansas Opinion filed June 9, 1962. SYLLABUS BY THE COURT 1. SALES — Inferior Merchandise — Sufficiency of Evidence. In an action to recover loss because of the purchase of alleged […]

442 P.2d 2 JACK MATKIN and ALVIN MATKIN, Appellants, v. HASKELL HOLMES, d/b/a HOLMES MOTOR COMPANY, Appellee. No. 45,079Supreme Court of Kansas Opinion filed June 8, 1968. SYLLABUS BY THE COURT CONVERSION AND BAILMENT — Drive-Flange — Statute of Limitations — Evidence Sufficient to Go to Jury. In an action for damages for conversion and […]

609 P.2d 682 M. SPERRY HICKMAN, Appellee, v. JERALD L. FRERKING, Appellant. No. 50,518Court of Appeals of Kansas Opinion filed April 18, 1980 SYLLABUS BY THE COURT 1. JUDGMENTS — Foreign Judgment Award of Attorney Fees — Full Faith and Credit. An order of the Circuit Court of Jackson County, Missouri, which awarded fees to […]

397 P.2d 406 STATE OF KANSAS, Appellant, v. EDDIE D. COX, Appellee. No. 43,967Supreme Court of Kansas Opinion filed December 12, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Correcting Sentence — Resentencing — Refusing Evidence Pursuant to Habitual Criminal Act. The state may not for the first time introduce evidence of prior convictions for […]

339 P.2d 8 ALLENE JENKINS, Appellee, v. JOHN McCORMICK, Appellant. No. 41,435Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Concealment — Knowledge of Defect. Where a vendor has knowledge of a defect in property which is not within the fair and reasonable reach of the […]

485 P.2d 179 STATE OF KANSAS, Appellee, v. GEORGE R. KENNELLY, Appellant. No. 45,984Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Murder, Rape and Larceny — Pleas of Guilty Voluntarily Made — Sentence — No Constitutional Rights Violated. The record in a criminal action is fully examined, […]

594 P.2d 684 JESSE DAVID OATES, Claimant-Appellee, v. POST DANLEY TRUCK LINES, Respondent-Appellee, and EMPLOYERS INSURANCE OF WAUSAU, Insurance Carrier-Appellee, and KANSAS WORKER’S COMPENSATION FUND, Appellant. No. 50,456Court of Appeals of Kansas Opinion filed May 11, 1979 SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Relief of Employer from Liability for Subsequent Injury to Handicapped Worker […]

774 P.2d 984 TOPEKA TENT AND AWNING CO., Appellant, v. THE GLEN FALLS INSURANCE COMPANY, d/b/a THE CONTINENTAL INSURANCE CO., Appellee. No. 62,942Court of Appeals of Kansas Opinion filed June 2, 1989 Petition for review denied September 29, 1989. SYLLABUS BY THE COURT 1. INSURANCE — Estoppel — Cannot Be Used to Expand Coverage of […]

805 P.2d 25 STATE OF KANSAS, Appellee, v. SHARI LYN BIERMAN, Appellant. No. 64,224Supreme Court of Kansas Opinion filed January 18, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Change of Venue — Applicable Rules — Appellate Review of Trial Court Denial of Change of Venue Motion. Rules applicable to a motion for change […]

663 P.2d 304 UNION GAS SYSTEM, INC., Applicant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent. No. 55,074Court of Appeals of Kansas Opinion filed May 12, 1983 Petition for review denied 233 Kan. 1093 (1983). SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Testimony before Commission — Discretionary Powers of Commission. […]

969 P.2d 896 P.W.P., Appellant, v. L.S. and JOHNSON COUNTY MENTAL HEALTH CENTER, Appellees. No. 78,803Supreme Court of Kansas Opinion filed December 18, 1998 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Application. The rules regarding granting of summary judgment are restated and applied. 2. LIMITATIONS OF ACTIONS — Accrual of Certain Causes […]

251 P.3d 84 STATE OF KANSAS, Appellee, v. ROBERT SILHAN, Appellant. No. 102,249.Court of Appeals of Kansas. Opinion filed April 1, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Withdrawal of Plea after Sentencing — Defendant Must Show Manifest Injustice to Have Conviction Set Aside. A court may permit a defendant to withdraw a plea […]

184 P.3d 222 STATE OF KANSAS, Appellee, v. KIM E. CRUM, Appellant. No. 95,729.Supreme Court of Kansas. Opinion filed May 16, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Appellate Review — Two-step Analysis. Review of an allegation of prosecutorial misconduct requires a two-step analysis: First, the appellate court decides whether the […]

559 P.2d 381 STATE OF KANSAS, Appellee, v. WALTER WALKER, Appellant. No. 48,277Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Imputation of Knowledge to Prosecutor. The mere fact that a prosecutor may not have actual knowledge of evidence which is in the possession of law enforcement […]

653 P.2d 107 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. SYLLABUS BY THE COURT 1. MANDAMUS — Original Jurisdiction in […]

217 P.3d 455 In The Matter of JAMES A. CLINE, Respondent. No. 102,473.Supreme Court of Kansas. Opinion filed: October 9, 2009. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Three-year Suspension. Original proceeding in discipline. Opinion filed October 9, 2009 Three-year suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on […]

577 P.2d 803 STATE OF KANSAS, Appellee, v. MARSHALL AND BROWN-SIDOROWICZ, P.A., a Kansas Corporation, and NORBERT J. SIDOROWICZ, Appellants. No. 48,877Court of Appeals of Kansas Opinion filed April 14, 1978 Petition for review denied June 15, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Indictment and Summons — Caption Which Fails to Name […]

239 P.3d 885 DANIEL L. HEMPHILL, Appellant, v. JAY F. SHORE, Trustee of the SHORE FAMILY TRUST, Appellee. No. 102,938.Court of Appeals of Kansas. Opinion filed: September 24, 2010. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Trial Court’s Grant of Motion to Dismiss for Failure to State Claim — Appellate Review. When a trial […]

759 P.2d 105 STATE OF KANSAS, Appellee, v. GREGORY A. CHISM, Appellant. STATE OF KANSAS, Appellee, v. CARL J. WENZEL, Appellant. Nos. 60,952, 60,770Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lesser Included Offense — Jury Instructions — General Rules on Lesser Included Offense Instructions Not […]

967 P.2d 342 STATE OF KANSAS, Appellee, v. SCOTT L. REEDY, Appellant. No. 78,968Court of Appeals of Kansas Opinion filed September 25, 1998. Petition for review denied 266 Kan. 1114 (1998) SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Correction of Sentence That Imposed Incorrect Guidelines Sentence Based on Correct Crime Severity Level and […]

752 P.2d 1086 CITY OF WICHITA, Appellee, v. ROBERT C. HUGHES, Appellant. No. 60,170Court of Appeals of Kansas Opinion filed April 14, 1988 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Overbroad Statute. An overbroad statute makes conduct punishable which is constitutionally protected. 2. STATUTES — Vagueness — Constitutional Due Process Protections. A statute which […]

135 P.3d 157 In the Matter of STEPHEN PAUL FLACK, Respondent. No. 86,855.Supreme Court of Kansas. May 10, 2006. ORDERATTORNEY AND CLIENT — Disciplinary Proceeding — Probation Termination. On October 26, 2001, this court placed the respondent, Stephen Paul Flack, on supervised probation for a 2-year period. Se In re Flack, 272 Kan. 465, 33 […]

660 P.2d 1387 STATE OF KANSAS, Appellant, v. LUCINDA D. HAYES, Appellee. No. 55,023Court of Appeals of Kansas Opinion filed April 7, 1983 SYLLABUS BY THE COURT 1. MOTOR VEHICLES — License Tag Display — Illegible or Obscured Tag Prohibited. The display of an illegible or obscured vehicle tag is a violation of K.S.A. 8-133 […]

233 P.2d 740 THE STATE OF KANSAS, Appellee, v. SYLVESTER E. RAGLAND, Appellant. No. 38,441Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT CRIMINAL LAW — Restitution of Property to Owner — Civil Action. The defendant was arrested and $1,893.40 in currency was taken by the arresting officers, part of it […]

840 P.2d 547 JERRYE A. AKERS, Appellant, v. MARIAN B. ALLAIRE, Appellee. No. 67,796Court of Appeals of Kansas Opinion filed October 30, 1992 Petition for review denied 252 Kan. ___ (December 23, 1992). SYLLABUS BY THE COURT 1. REAL PROPERTY — Adverse Possession — Belief of Ownership. Belief of ownership under K.S.A. 60-503 is defined […]

672 P.2d 607 STATE OF KANSAS, Appellant, v. RANDALL C. BICKFORD, Appellee. No. 55,604Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Statutory Right — Appeal Not Authorized in Absence of Statute. The right to appeal is statutory and, in the absence of a statute which authorizes […]

850 P.2d 250 STATE OF KANSAS, Appellee, v. STUART FISH, Appellant. No. 68,172Supreme Court of Kansas Opinion filed April 16, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Appellate Review. The standard of review for trial court sentencing is abuse of discretion. A sentence imposed within statutory guidelines will not be disturbed […]

634 P.2d 1088 NELSON HOBART, Appellant, v. BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT # 309; RANDY BALL; MYRON G. HERMES; CLIFF LAMBERT; RAE LUGINSLAND; FARRELL SAXTON; EARLE SMITH; and HAROLD STAUFFER, each individually and as members of the Board of Education of Unified School District # 309; and WILLIAM E. WHITE, individually and as […]

526 P.2d 1120 In re The Complaint made against WESLEY M. SMITH by the State Board of Law Examiners. Bar Docket No. 5044Supreme Court of Kansas October 2, 1974 ORDER OF PUBLIC CENSURE WHEREAS, In a proceeding conducted by the State Board of Law Examiners to inquire into the complaint of alleged professional misconduct by […]

190 P.3d 937 STATE OF KANSAS, Appellee, v. RUBEN Y. WARLEDO, Appellant. No. 97,759.Supreme Court of Kansas. Opinion filed August 8, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Volunteered Statements by Accused — Admissibility. If a statement by an accused is made without interrogation or its functional equivalent, the statement may be admissible even […]

520 P.2d 1225 EDWARD L. and LILLIAN C. CLITHERO, FLOYD Z. and MARY E. KELLEY, WERNER F. and ROSALIE G. FRIESS and WILLIAM N. and DELORES L. PURSLEY, Appellants, v. KEY SECURITIES, INC., Appellee. No. 47,203Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT COURTS — Findings by Trial Judge Mandatory […]

74 P.3d 42 CAROL SHARP, Appellee, v. CUSTOM CAMPERS, INC., Self-insured, Appellant. No. 89,681.Court of Appeals of Kansas. Opinion filed May 16, 2003. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Accommodated Work for Injured Worker — Finding by Workers Compensation Board — Appellate Review. A finding by the Board of Workers Compensation that an injured […]

9 P.3d 1271 STATE OF KANSAS, Appellee, v. JASPER R. EPPS, JR., Appellant. No. 83,434Court of Appeals of Kansas Opinion filed August 25, 2000. Petition for review denied 270 Kan. 900 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When reviewing a trial court’s decision as to the […]

26 P.3d 650 KENNETH SHELTON and MARY JO SHELTON, as sole heirs of Alexis Danielle Shelton, Appellees, v. SUSAN R. DEWITTE, Appellant. No. 84,488Supreme Court of Kansas Opinion filed: July 13, 2001. SYLLABUS BY THE COURT 1. WRONGFUL DEATH — Wrongful Death of Viable Unborn Child. Under the wrongful death statute, K.S.A. 60-1901, an action […]

894 P.2d 196 STATE OF KANSAS, Appellee, v. RONALD RANDALL, Appellant. No. 71,136Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Motion for Sentence Conversion May Be Considered as K.S.A. 60-1507 Motion. Mislabeled pro se motions for sentence conversion under K.S.A. 1994 Supp. 21-4724 may […]

843 P.2d 709 IN THE MATTER OF THOMAS N. JONES, Respondent. No. 68,459Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Disciplinary Proceeding — Sanctions Imposed Vary with Individual Case. Comparison of past sanctions imposed in disciplinary cases is of little guidance. Each case is evaluated […]

924 P.2d 647 STATE OF KANSAS, Appellee, v. JIMMIE D. GRAY, Appellant. No. 76,182.Court of Appeals of Kansas Opinion filed September 27, 1996. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Conviction under City Ordinance Not Basis for Enhanced Sentence for Subsequent Violation of Similarly Worded State Statute. Absent a clear expression of legislative […]

132 P.3d 870 MARLIN M. HAWLEY and KAREN E. HAWLEY, TRUSTEES of the MARLIN M. HAWLEY TRUST and the KAREN E. HAWLEY TRUST, Appellees, v. KANSAS DEPARTMENT OF AGRICULTURE, Division of Water Resources, Appellant. No. 93,690.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Agency’s Wrongful Interpretation of […]

89 P.3d 898 IN THE MATTER OF THE ESTATE OF EULA M. SOMERS, DECEASED. SHRINERS HOSPITALS FOR CHILDREN, a Colorado Corporation, SUSAN A. SMILEY, and KENT C. SOMERS, Appellees/Cross-appellants, v. FIRSTAR BANK, N.A., TRUSTEE OF THE EULA MARGARET SOMERS TESTAMENTARY TRUST, Appellant/Cross-appellee. Nos. 90,005, 90,566.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY […]

811 P.2d 860 EARLY DETECTION CENTER, INC., Appellant, v. DR. MARVIN H. WILSON, Appellee, and LOU A. STANDIFERD and ADVANCED DIAGNOSTIC CENTER, Defendants. No. 65,328Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. CORPORATIONS — Professional Corporations — Medical Services — Licensing. K.S.A. 17-2706 et seq. allows physicians, surgeons, or […]

292 P.2d 1094 STATE OF KANSAS, Appellee, v. P.D. MORROW, JR., Appellant. No. 39,880Supreme Court of Kansas Opinion filed January 28, 1956. SYLLABUS BY THE COURT CRIMINAL LAW — Violation and Conviction of Worthless Check Law — Continuance — Correction of Sentence. In an appeal from a conviction of a violation of the worthless-check law […]

433 P.2d 567 FORREST W. HOWARD, Appellee, v. CLIFFORD N. STOUGHTON and BEST CABS, INC., Appellants. No. 45,007Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. EVIDENCE — Photographs and Motion Pictures — Admissibility. Still photographs and motion pictures, if shown to be a likeness of what they purport to […]

874 P.2d 617 STATE OF KANSAS, Appellant, v. BEATRICE MARTINEZ, Appellee. No. 69,902Supreme Court of Kansas Opinion filed May 27, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examination — Probable Cause Determination to Bind Defendant over for Trial. If from the evidence presented at the preliminary hearing it appears that a crime […]

548 P.2d 727 LAWRENCE ALLEN MORROW, Appellant, v. STATE OF KANSAS, Appellee. No. 47,913Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Promise Not to Invoke Habitual Criminal Act — Guilty Plea Not Involuntary. A guilty plea is not rendered involuntary simply because it was induced by […]

98 P.3d 303 CLARK v. CITY OF TOPEKA. No. 91,111.Court of Appeals of Kansas October 1, 2004. Appeal from the Shawnee. Decision Without Published Opinion. Reversed and remanded for a new trial.

491 P.2d 940 THERESA M. BURKS and KENNETH L. BURKS, Appellants, v. JOHN P. WHALEN, and MANUFACTURERS AND WHOLESALERS INDEMNITY EXCHANGE, a Corporation, Appellees. No. 46,093Supreme Court of Kansas Opinion filed December 11, 1971. SYLLABUS BY THE COURT 1. TRIAL — Motion for Involuntary Dismissal — Power of Trial Judge to Evaluate Evidence. In ruling […]

996 P.2d 1117 JEFFREY S. COLLIER, Appellant, v. MICHAEL A. NELSON, Warden, Appellee. No. 80,569Court of Appeals of Kansas Opinion filed October 16, 1998. Petition for review denied 266 Kan. 1107 (1998) SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Rules and Regulations Adopted by Secretary of Corrections. K.S.A. 75-5251 authorizes the adoption of rules […]

115 P.3d 794 STATE v. PFAFF. No. 92,656.Court of Appeals of Kansas. July 22, 2005. Appeal from Sedgwick. Decision without published opinion. Conviction affirmed, and case remanded with directions.

995 P.2d 885 GARY D. ELLIOTT, Appellant, v. FARM BUREAU INSURANCE COMPANY, INC., Appellee. No. 81,001Court of Appeals of Kansas Opinion filed: December 30, 1999. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Construction of a Written Contract and Statutory Interpretation — Appellate Review. Construction of a written contract and statutory interpretationare questions of […]

257 P.3d 1266 STATE OF KANSAS, Appellee, v. EDWARD ADAME, Appellant. No. 103,646.Court of Appeals of Kansas. Opinion filed June 24, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Alternative Means Case. In an alternative means case, there must be jury unanimity as to guilt for the single crime charged but not as to the […]

621 P.2d 997 STATE OF KANSAS, Appellee, v. RONALD W. QUICK, Appellant. No. 52,112Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT CRIMINAL LAW — Prior Conviction Evidence Elicited by Prosecution from Defendant in Cross-examination — Reversible Error. In a prosecution for aggravated robbery, the record is examined and it is […]

340 P.2d 905 HARRY A. MOORE, Appellant, v. TOM STARKEY, FLOYD SONTAG and CLAYTON SMITH, School Board of Common School District No. 42 of Butler County, Kansas, and said COMMON SCHOOL DISTRICT No. 42 of Butler County, Kansas, and TOM STARKEY, CHARLES CRAIG and R.H. BING, School Board of Rural High School District No. 3 […]