Category: Kansas Court Opinions

368 P.2d 293 ANCHOR SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellee, v. JOHN DYSART and LUCILE DYSART, His Wife, Appellants. No. 42,407Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT JUDGMENTS — Default Judgment — Petition to Vacate — Irregularity — Unavoidable Misfortune. The record on appeal from an order and […]

523 P.2d 364 STATE OF KANSAS, Appellee, v. ELVINA STOKES, Appellant. No. 46,982Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Witness Testifying to Biographical Data — Placing Character in Issue. A witness who testifies to such identifying biographical data as place of birth, education, address, marital […]

873 P.2d 226 STATE OF KANSAS, Appellee, v. ALBERT E. FLOWERS, Appellant. No. 69,594Court of Appeals of Kansas Opinion filed May 6, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty Plea — Appeal Not Allowed. No appeal shall be taken by a defendant from a plea of guilty before a district judge. 2. […]

505 P.2d 696 PATRICIA J. BURFIELD, Appellant, v. GARY A. BURFIELD, Appellee. No. 46,635Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION DIVORCE — Child Support — Award. Appeal from Rice district court; FREDERICK WOLESLAGEL, judge. Opinion filed January 20, 1973. Affirmed. Dan W. Forker, Jr., of Hodge, Reynolds, Smith, Peirce Forker, of […]

172 P.3d 1205 CITY OF NORTON, Appellee, v. JOSHUA DEAN WONDERLY, Appellant. No. 97,889.Court of Appeals of Kansas. December 14, 2007. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Suppression of Evidence — Appellate Review of District Court’s Decision on Motion to Suppress. When reviewing a district court’s decision on a motion to suppress, an […]

269 P.2d 480 GORDON COURTRIGHT, a Minor, by Lester Courtright, his father and next friend, Appellee and Cross-Appellant, v. REX MOORE, Defendant, CHALMERS BORTON, a co-partnership consisting of C.H. Chalmers and J.T. Borton, as partners and individually, Appellants and Cross-Appellees, and THE TRAVELERS INDEMNITY COMPANY OF HARTFORD, CONNECTICUT, a corporation, Defendant. No. 39,224Supreme Court of […]

850 P.2d 234 In The Matter of TIMOTHY P. WOOD, Respondent. No. 69,067Supreme Court of Kansas Opinion filed April 16, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed April 16, 1993. Disbarment. Bruce E. Miller, disciplinary administrator, argued the cause and was on the […]

144 P.3d 612 STATE OF KANSAS, Appellee, v. GWENDLYN K. MOODY, Appellant. No. 92,248.Supreme Court of Kansas. Opinion filed October 27, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Due Process — Appellate Review. The question of what process is due in a given case is a question of law over which an appellate […]

546 P.2d 197 In the Matter of CLARENCE STEPHENS, Appellant, v. UNIFIED SCHOOL DISTRICT No. 500, Appellee. No. 47,705Supreme Court of Kansas Opinion filed December 1, 1975. SYLLABUS BY THE COURT 1. CIVIL RIGHTS — Rehearing Requirement Is Reasonable Procedural Requirement — Not Repugnant to Judicial Review. The rehearing requirement of K.S.A. 44-1010, relating to […]

832 P.2d 1176 STATE OF KANSAS, Appellee, v. CHEUN-PHON JI, Appellant. No. 65,076Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. JURIES — Juror Language Qualifications. Jurors must have a reasonable knowledge of the language in which the proceedings are conducted to enable them to perform their duties and to […]

495 P.2d 885 CAPITOL CABLE, INC., Appellee, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation; GENE C. MARTIN, Mayor; KENNETH KERN, JIM LOVE, LAUREN NASH and CHARLES CAMPBELL, constituting the Board of City Commissioners, Topeka, Kansas, Appellants. No. 46,409Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — […]

702 P.2d 328 STATE OF KANSAS, Appellant, v. KAREN MOONEY, Appellee. Nos. 57,680, 57,681Court of Appeals of Kansas Opinion filed July 5, 1985 Petition for review denied September 27, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State from Order Suppressing Confession or Admission. When an order suppressing a confession or admission […]

507 P.2d 206 J. WESLEY ST. CLAIR, Appellee, v. GLORIA L. ST. CLAIR, Appellant. No. 46,686Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Custody Between Parents — Best Interest of Children — When Trial Court’s Judgment Conclusive — When Abuse Shown — Effect. When […]

524 P.2d 221 THE STATE OF KANSAS, Appellee, v. LEWIS B. WOODS, JR., Appellant. No. 47,270Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT CRIMINAL LAW — Revocation of Parole Due to Convictions of Crime — Proper Even Though Appeal Pendings. Evidence that a probationer has been convicted by a jury […]

630 P.2d 186 HAROLD MURPHY, Plaintiff-Appellant, Cross-Appellee, v. CITY OF TOPEKA-SHAWNEE COUNTY DEPARTMENT OF LABOR SERVICES; BILL BYWATER; ANN NEWMAN; and ALONZO HARRISON, Defendants-Appellees and Cross-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, et al., Third-Party Defendants-Appellees and Cross-Appellants. No. 51,847Court of Appeals of Kansas Opinion filed June 19, 1981 SYLLABUS BY THE […]

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 […]

697 P.2d 891 HECTOR QUINONES, Appellant, v. MBPXL CORPORATION and COMMERCIAL UNION ASSURANCE COMPANIES, Appellees. No. 56,772Court of Appeals of Kansas Opinion filed April 4, 1985 SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Loss of Sensation in Area of Leg and Foot — Compensable Injury. In a workers’ compensation case, it is held that a […]

932 P.2d 448 MELVIN WHITE, Appellee, v. LOUIS E. BRUCE, WARDEN OF THE ELLSWORTH CORRECTIONAL FACILITY, Appellant. No. 76,613Court of Appeals of Kansas Opinion filed February 7, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Incarceration and Postrelease Supervision Mutually Exclusive Concepts under Sentencing Guidelines. Under the Kansas Sentencing Guidelines, incarceration and […]

811 P.2d 1240 STATE OF KANSAS, Appellant, v. ROBERT A. FRAZIER, Appellee. No. 65,609Supreme Court of Kansas Opinion filed May 24, 1991 SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Juvenile Offender — Exclusion of Persons 14 Years Old and Older from Definition — Exclusion Applies to Violation of Uniform Act Regulating Traffic on […]

840 P.2d 542 PERRY SELLE, Appellant, v. THE BOEING COMPANY, INC., Defendant, and DONDLINGER SONS CONSTRUCTION COMPANY, INC., Appellee. No. 67,323Court of Appeals of Kansas Opinion filed October 30, 1992 Petition for review denied 252 Kan. ___ (January 19, 1993). SYLLABUS BY THE COURT WORKERS COMPENSATION — Statutory Employer — Exclusive Remedy of Workers Compensation […]

337 P.2d 992 DEARBORN MOTORS CREDIT CORPORATION, Appellee, v. A.S. NEEL, Appellant, and W.P. ASTLE, Appellee. No. 41,189Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT 1. SALES — Action on Conditional Sales Contract — Fraud and Misrepresentation — Judgment on Pleadings and Opening Statement. In an action for the recovery […]

221 P.3d 606 STATE OF KANSAS, Appellant, v. JOSEPH C. CHAVEZ-ZBARRA, Appellee. No. 102,285.Court of Appeals of Kansas. Opinion filed December 11, 2009. SYLLABUS BY THE COURT1. HIGHWAYS AND STREETS — Two-lane Road — When Vehicle May Properly Drive Left of Center. On a two-lane roadway in Kansas, a vehicle shall be driven upon the […]

913 P.2d 97 STATE OF KANSAS, Appellee, v. KENNETH M. COOK, Appellant. No. 72,493Supreme Court of Kansas Opinion filed March 8, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unavailable Witness — Determination by District Court — Appellate Review. The determination by the district court that a Witness is unavailable to testify will not […]

563 P.2d 414 KANSAS STATE BANK, Appellee, v. OVERSEAS MOTOSPORT, INC., Appellant. No. 48,147Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. DAMAGES — Breach of Contract — Elements and Measure of Damages. Damages recoverable for breach of contract are limited to those which may fairly be considered as arising, […]

807 P.2d 677 SAFELITE GLASS CORPORATION, Appellant, v. RICHARD MAX FULLER A/K/A R. MAX FULLER, Appellee. No. 65,544Court of Appeals of Kansas Opinion filed March 15, 1991 SYLLABUS BY THE COURT 1. CONTRACTS — Covenants Not to Compete — Assignability — Enforcement Subsequent Purchaser. In the absence of express language which limits assignability, covenants not […]

347 P.2d 254 HILDA P.C. PROWANT, Administratrix of the Estate of R.J. Prowant, Deceased, Appellant, v. KINGS-X, INC., a Corporation, Appellee. No. 41,114Supreme Court of Kansas Opinion on rehearing filed December 12, 1959. OPINION OF REVERSAL ON REHEARING SYLLABUS BY THE COURT DEATH — Survival of Action. A cause of action for personal injury survives […]

189 P.3d 1157 STATE OF KANSAS/STATE OF IOWA, ex rel., SECRETARY OF SOCIAL AND REHABILITATION SERVICES, AND ELLEN HOLMES, Appellants, v. TIMOTHY R. BOHRER, Appellee. No. 95,935.Supreme Court of Kansas. Opinion filed August 8, 2008. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. The interpretation of a statute is a question of law […]

141 P.3d 1180 CHRISTOPHER SEEBER, Appellant, v. JOHN EBELING, M.D., Appellee. No. 94,666.Court of Appeals of Kansas. Opinion filed September 1, 2006. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application in Negligence Actions — Defendant’s Burden of Proof. Summary judgments are to be granted with caution in negligence actions. Nevertheless, a defendant moving […]

939 P.2d 869 TOMMIE L. FRIDAY, Appellant, v. TRINITY UNIVERSAL OF KANSAS, Appellee. No. 74,666Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction by Appellate Court. Regardless of the construction given a written contract by a district court, an appellate court may construe a […]

939 P.2d 874 SHER BENNETT, FRANK CARTMELL, MARK CUTSINGER, WILLIAM OCKERT, and STEVE LEDGERWOOD, Appellants, v. VAN DOREN INDUSTRIES, INC., a Kansas Corporation, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Appellees. No. 75,698Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Petition — Legal […]

198 P.3d 763 In the Matter of HAROLD SCOTT BEIMS, Respondent. No. 101,114.Supreme Court of Kansas. Opinion filed January 9, 2009. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Three-year Supervised Probation. Original proceeding in discipline. Opinion filed January 9, 2009. Three-year supervised probation. Stanton A. Hazlett, disciplinary administrator, argued the cause, and […]

271 P.2d 267 CHARLES V. KENOYER, Appellee, v. BOARD OF BARBER EXAMINERS OF THE STATE OF KANSAS; T.R. MAHER, Chairman of said Board; GEORGE F. HILTON, Member of said Board; and BOYD L. LAND, Secretary-Treasurer of said Board, Appellants. No. 39,323Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT 1. JUDGMENTS […]

798 P.2d 69 IN THE MATTER OF THE MARRIAGE OF ROGER CRIQUI, Appellee, and TERESA D. CRIQUI, Appellant. No. 64,415Court of Appeals of Kansas Opinion filed September 14, 1990 SYLLABUS BY THE COURT PARENT AND CHILD — Custody — Parent’s Transfer of Legal Custody of Child to Another — Transferring Parent Cannot Reclaim Custody without […]

478 P.2d 208 STATE OF KANSAS, Petitioner, v. J. NELSON THOMPSON, Respondent. No. 45,980Supreme Court of Kansas Opinion filed December 12, 1970. ORIGINAL PROCEEDINGS IN DISCIPLINE Opinion filed December 12, 1970. Judgment for petitioner. Ernest C. Ballweg, Assistant Attorney General, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for […]

863 P.2d 991 VANGUARD PRODUCTS CORPORATION, Appellant, v. AMERICAN STATES INSURANCE COMPANY, et al., Appellee. No. 68,787Court of Appeals of Kansas Opinion filed November 24, 1993 SYLLABUS BY THE COURT 1. BONDS AND WARRANTS — Public Works Bond — Protection Afforded — Supplier of Material to Sub-subcontractor Not within Purview of Protection. Suppliers of materials […]

476 P.2d 212 BUFORD EUGENE BARNES, Appellant, v. STATE OF KANSAS, Appellee. No. 45,891Supreme Court of Kansas Opinion filed November 7, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate — Relief Denied. The points raised on appeal from an order denying relief under K.S.A. 60-1507 are examined and held to be without […]

11 P.3d 520 STATE OF KANSAS, Appellee, v. ANTHONY C. SMITH, Appellant. No. 82,335Court of Appeals of Kansas Opinion filed: October 13, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Expert Witness — Hypothetical Questions Put to Expert. Hypothetical questions put to an expert witness should be based only on such facts as the […]

44 P.3d 1224 STATE OF KANSAS, Appellee, v. GERALD L. COPE, Appellant. No. 84,221Supreme Court of Kansas Opinion filed: April 26, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after […]

620 P.2d 800 In the Matter of the Guardianship and Conservatorship of FREDERICK J. MILLER. No. 50,442Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT 1. JURISDICTION — Subject Matter Jurisdiction — Statutory. Subject matter jurisdiction is vested by statute and cannot ordinarily be established by consent, waiver or estoppel. 2. […]

86 P.3d 551 STATE OF KANSAS, Appellant, v. JUSTIN S. JOHNSON, Appellee. No. 89,477.Court of Appeals of Kansas. Opinion filed March 26, 2004. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Question Reserved by Prosecutor. The prosecutor may appeal from a trial court’s ruling as a matter of right upon a question reserved. 2. CRIMINAL LAW […]

23 P.3d 840 STATE OF KANSAS, Appellee, v. TODD MILLER DEAL, Appellant. No. 83,276Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Erroneous Exclusion of Evidence — When Verdict or Finding Should Be Set Aside. A verdict or finding shall not be set aside, nor shall the […]

912 P.2d 165 IN THE MATTER OF THE MARRIAGE OF JUDITH SUE BUNTING, Appellee, AND ROBERT C. BUNTING, JR., Appellant. No. 72,503Supreme Court of Kansas Opinion filed on March 8, 1996. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Child in High School. K.S.A. 60-1610(a)(1)(C), concerning child support for a bona […]

803 P.2d 1028 In the Matter of KENT ALAN ROTH, Respondent. No. 65,658Supreme Court of Kansas Opinion filed January 18, 1991. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed January 18, 1991. Public censure. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and […]

386 P.2d 509 R.L. PESCHKA (Claimant), Appellee, v. WILKINSON DRILLING COMPANY (Respondent) and THE STANDARD INSURANCE COMPANY (Insurance Carrier), Appellants. No. 43,365Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Offer to Arbitrate — Not a Condition Precedent. Under our present workmen’s compensation law (G.S. 1949, 44-534) […]

122 P.3d 420 STATE v. McCARRICK. No. 93,832.Court of Appeals of Kansas. November 10, 2005. Appeal from Johnson. Decision Without Published Opinion. Affirmed.

216 P.2d 781 JESSIE HUMPHREY, EARL H. MILLER, BESSIE MILLER, EFFIE DIEBALL, also known as Effie Duball, Appellants, v. BERENICE (Bernice) BOYD WALLACE and DOROTHY EMERY HILL, Executrices of the Last Will and Testament of Lillian M. Freeman, Deceased, and the Codicil Thereto; SCHOOL DISTRICT 21, Miami County; CYRIL KICE and ADA KICE; THE FIRST […]

127 P.3d 319 CHARLES F. MYERS, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF JACKSON COUNTY, KANSAS, Appellant. No. 92,184.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURT1. CITIES AND MUNICIPALITIES — Claim against Municipality — Notice Procedure. Under K.S.A. 2004 Supp. 12-105b, a claim against a municipality requires the filing […]

170 P.3d 436 STATE OF KANSAS, Appellee, v. MICHAEL H. CHETWOOD, Appellant. Nos. 96,716. 96,717.Court of Appeals of Kansas. Opinion filed November 2, 2007. SYLLABUS BY THE COURT.1. JURISDICTION — Existence of Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which an appellate court has unlimited review regardless of whether […]

245 P.2d 1181 THE STATE OF KANSAS, on the relation of KENNETH v. MOSES, County Attorney of Marshall County, Kansas, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF MARSHALL COUNTY, KANSAS: Harry Warren, Chairman of said Board; Ted Dolen, member of said Board; C.R. Conger, member of said Board; and ELMA MARQUARDT, Defendants, and THE […]

731 P.2d 278 CECIL W. BAKER, Appellant, v. CITY OF GARDEN CITY, A Municipal Corporation, and THE SECRETARY OF TRANSPORTATION OF KANSAS, Appellees. No. 59,025Supreme Court of Kansas Opinion filed January 16, 1987. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Directed Verdict Motion — Ruling on Motion. In ruling on a motion for a […]

733 P.2d 1266 KANSAS LUMBER COMPANY OF MANHATTAN, KANSAS, INC., Appellant, v. CHENG-YUAN WANG, et al., Appellees. No. 59,590Court of Appeals of Kansas Opinion filed March 5, 1987 SYLLABUS BY THE COURT LIENS — Verification of Lien Statement. A lien statement may be verified by inclusion of the statement within an affidavit sworn before an […]

957 P.2d 379 THE LEGISLATIVE COORDINATING COUNCIL, Petitioner, v. THE HONORABLE DAN STANLEY, SECRETARY OF THE DEPARTMENT OF ADMINISTRATION, and SHIRLEY A. MOSES, DIRECTOR OF ACCOUNTS AND REPORTS, Respondents. No. 79,533Supreme Court of Kansas Opinion filed April 17, 1998 SYLLABUS BY THE COURT 1. MANDAMUS — Application. Mandamus is a proceeding to compel some inferior […]

217 P.3d 959 In the Matter of PHILLIP KENT WEBER, Respondent. No. 102,125.Supreme Court of Kansas. Opinion filed: October 9, 2009. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed October 9, 2009. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause an Stanton […]

264 P.2d 1064 MARY BRAYFIELD, Appellee, v. RALPH S. BRAYFIELD, Appellant. No. 38,881Supreme Court of Kansas Opinion filed December 4, 1953. SYLLABUS BY THE COURT 1. DIVORCE — Alimony — Judgments in Contempt — Review — Enforcement. Following decisions cited in the opinion this court holds: (1) That in an action for alimony alone, instituted […]

101 P.3d 740 STATE v. KRAUSE. No. 91,162.Court of Appeals of Kansas December 10, 2004. Appeal from the Reno. Decision without published opinion. Affirmed in part, sentence vacated, and case remanded for resentencing.

110 P.3d 1054 IN RE W.B. No. 92,806.Court of Appeals of Kansas. May 6, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

714 P.2d 1368 STATE OF KANSAS, Appellee, v. JOEL D. JACKSON, Appellant. No. 57,973Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Diminished Capacity of Defendant to Commit Crime — Admissibility. Evidence of a defendant’s diminished capacity to commit a crime is admissible to negate specific intent […]

573 P.2d 580 STATE OF KANSAS, Appellee, v. CHARLES VERNON WELLS, Appellant. No. 48,679Supreme Court of Kansas Opinion filed November 5, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Indecent Liberties — Not Required to Prove Touching of Sexual Organs. Under K.S.A. 1975 Supp. 21-3503, which defines the crime of indecent liberties with a […]

453 P.2d 30 STATE OF KANSAS, Appellee, v. HAROLD BLANTON, Appellant. No. 45,278Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Waiver of Jury Trial — Withdrawal of Waiver. A waiver of a trial by jury, voluntarily and regularly made by the defendant in a criminal action […]

541 P.2d 696 SHERMAN BRUNSON, Appellant, v. STATE OF KANSAS, Appellee. No. 47,606Supreme Court of Kansas Opinion filed May 10, 1975. Appeal from Leavenworth district court, division No. 1; KENNETH HARMON, judge. Opinion filed May 10, 1975. Frank E. White, Jr., of Leavenworth, was on the brief for the appellant. Curt T. Schneider, attorney general, […]

839 P.2d 64 RUSSELL S. WUNSCHEL and LOIS A. WUNSCHEL, Appellants, v. TRANSCONTINENTAL INSURANCE COMPANY, Appellee. No. 67,443Court of Appeals of Kansas Opinion filed September 25, 1992 SYLLABUS BY THE COURT 1. INSURANCE — Loss Payable Clause — Loss Payee Has No Contractual Relationship with Insurance Company. Under Vargas v. Nautilus Ins. Co., 248 Kan. […]

620 P.2d 1181 STATE OF KANSAS, Appellee, v. THOMAS W. HARGIS, Appellant. No. 51,451Court of Appeals of Kansas Opinion filed December 31, 1980 Petition for review denied February 20, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Weapons Violation — Unlawful Possession — Exception for Law Enforcement Officers. The provisions of K.S.A. 1979 Supp. […]

666 P.2d 1200 STATE OF KANSAS, Appellee, v. JACK B. CREMER, Appellant. No. 54,432Court of Appeals of Kansas Opinion filed July 28, 1983 Affirmed 234 Kan. 594, ___ P.2d ___ (1984). SYLLABUS BY THE COURT CRIMINAL LAW — Preliminary Hearing — Validity of Probable Cause Finding Based in Part on Hearsay Evidence. Hearsay evidence may […]

675 P.2d 931 JEAN C. HALL, Appellant, v. QUIVIRA SQUARE DEVELOPMENT CO., INC., and REVCO DRUG CENTERS OF KANSAS, INC., Appellees. No. 54,818Court of Appeals of Kansas Opinion filed February 2, 1984 Petition for review denied 235 Kan. 1041. SYLLABUS BY THE COURT 1. TORTS — Injury to Person in Common Area of Shopping Center […]

303 P.2d 152 STATE OF KANSAS, Appellee, v. L.J. MERKLINGER, Appellant. No. 40,363Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT LIQUOR CONTROL ACT — Prosecution of Retail Liquor Operator Selling Other Than at Licensed Premises — Selling on Sunday — Constitutionality — Entrapment. In the prosecution of a licensed operator […]

71 P.3d 1185 STATE OF KANSAS, Appellee, v. JACQULYN J. HUFF, Appellant. No. 89,037.Court of Appeals of Kansas. Opinion filed July 3, 2003. SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — Consecutive Jail Sentences for Misdemeanor Convictions. K.S.A. 2002 Supp. 21-3105, K.S.A. 2002 Supp. 21-4503a(b), K.S.A. 21-4608(a), and K.S.A. 2002 Supp. 21-4602(c) provide the authority […]

93 P.3d 1219 In the Matter of the Marriage of KAREN SUE MELLOTT, Appellant, and PAUL ASHLEY MELLOTT, Appellee. No. 90,575.Court of Appeals of Kansas Opinion filed July 23, 2004. SYLLABUS BY THE COURT1. PARENT AND CHILD — Child Support — Interpretation of Child Support Guidelines — Appellate Review. The standard of review of a […]

607 P.2d 40 NATIONAL EDUCATION ASSOCIATION-TOPEKA, INC., a Corporation, Appellee, v. U.S.D. No. 501, SHAWNEE COUNTY, KANSAS, Appellant. No. 50,220Supreme Court of Kansas Opinion filed March 1, 1980. SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Impasse — Effect on Appeal where Contract Negotiated Prior to Appellate Court Hearing. In an action between a […]

64 P.3d 469Court of Appeals of Kansas February 28, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Palmer 86101 Johnson 2/28/2003 Affirmed State v. Rivera 86420 Ford 2/28/2003 Reversed and remanded with directions State v. Farley 86784 Pottawatomie 2/28/2003 Reversed and remanded State v. Bowen 86963 Ness 2/28/2003 Affirmed State v. […]

651 P.2d 19 STATE OF KANSAS, Appellee, v. FRANK TUNSTALL, Appellant. No. 53,756Court of Appeals of Kansas Opinion filed September 2, 1982 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Discovery — Production of Statements by Prosecution. Under K.S.A. 22-3213 the prosecutor is charged with the requirement to produce statements not only in his actual […]

17 P.3d 907 HAROLD REIFSCHNEIDER, Appellant, v. STATE OF KANSAS; THE KANSAS STATE LOTTERY; and GREGORY P. ZIEMAK, EXECUTIVE DIRECTOR OF THE LOTTERY COMMISSION FOR THE STATE OF KANSAS, Appellees. No. 83,972Supreme Court of Kansas Opinion filed: January 26, 2001. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Review of Agency Actions — Burden […]

147 P.3d 1058 STATE OF KANSAS, Appellant, v. GARY W. KLEYPAS, Appellee. No. 90,650.Supreme Court of Kansas. Opinion filed December 8, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Interlocutory Appeal by State Prior to Trial or Retrial of Penalty Phase of Capital Murder Case. The intent of the legislature in enacting K.S.A. 22-3603 is […]

789 P.2d 1182 PIONEER OPERATIONS COMPANY, INC., Appellant, v. NORMAN W. BRANDEBERRY; THE FOURTH NATIONAL BANK TRUST COMPANY OF WICHITA; MERCHANTS NATIONAL BANK OF TOPEKA; BRANDEBERRY OIL OPERATIONS, INC.; SALLY E. BRANDEBERRY; DIAMOND OIL, INC.; RUSSELL ENGINE SERVICE, INC.; STERLING BUTANE, INC.; KIZZAR WELL SERVICE, INC.; SENTINEL MACHINE SUPPLY COMPANY; SERVICE ACID, INC.; AND ENGLISH […]

571 P.2d 345 LOYD HELMLEY, Individually and as Representative of All That Class of Gas Royalty Owners Under Ashland Oil, Inc., Oil and Gas Leases in Hugoton-Anadarko Area, Appellee and Cross-Appellant, v. ASHLAND OIL, INC., Appellant and Cross-Appellee. No. 48,528Court of Appeals of Kansas Opinion filed August 5, 1977 Petition for review denied October 7, […]

894 P.2d 206 CITY OF DODGE CITY, KANSAS, Appellant, v. GREGORY A. DOWNING, Appellee. No. 72,193Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Delays Attributable to Defendant. While the State has an obligation to insure that an accused is provided a speedy trial, […]

312 P.2d 1076 LEWIS JOHNSON, Appellee, v. SKELLY OIL COMPANY, Appellant. No. 40,686Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Aggravation of Pre-existing Condition by Accidental Injury — Award Supported by Evidence. In an action under the Workmen’s Compensation Act, the record is examined, and it is […]

457 P.2d 89 STATE OF KANSAS, Appellee, v. HERBERT WALTER ATEN, Appellant. No. 45,587Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Issuance of Warrant — Probable Cause. It is essential to the validity of a search warrant that the issuing magistrate be provided with sufficient […]

257 P.2d 146 JAMES A. McFADDEN, Appellee, v. JOHN K. McFADDEN and BERDIE McFADDEN BLESER, Appellants. No. 39,039Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT WILLS — Lost or Destroyed Wills — Proceedings to Admit — Process — Necessary Parties — Validity of Judgment. A wife and mother died in […]

548 P.2d 765 RALPH VINCENT BLEVINS, Appellee, v. BUILDEX, INC., Appellee, and NORTHWESTERN NATIONAL INSURANCE COMPANY, Appellee, and SECOND INJURY FUND, Appellant. No. 47,941Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT WORKMEN’ COMPENSATION — Second Injury Fund — Apportionment of Liability — Medical Evidence. The record is examined on appeal […]

482 P.2d 35 HUTCHINSON NATIONAL BANK AND TRUST COMPANY of Hutchinson, Kansas, Appellant, v. N.F. ENGLISH CONSTRUCTION COMPANY, INC., Appellee. No. 45,896Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. TRIAL — Summary Judgment — Inherent Power of Court. A trial court has inherent power to summarily dispose of litigation […]