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, […]
Category: Kansas Court Opinions
CITY OF DODGE CITY v. DOWNING, 257 Kan. 561 (1995)
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, […]
CARTER v. STATE, 36 Kan. App. 2d xii (2006)
Carter v. State. No. 94,748.Court of Appeals of Kansas. September 29, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
IN RE TAX APPEAL OF FORD MOTOR CREDIT CO., 275 Kan. 857 (2003)
69 P.3d 612 IN THE MATTER OF THE APPEAL OF FORD MOTOR CREDIT COMPANY FROM A DENIAL OF REFUND OF KANSAS RETAILERS’ SALES TAX, DATED MARCH 31, 2000. No. 88,334.Supreme Court of Kansas Opinion filed May 30, 2003. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Board of Tax Appeals — Judicial Review of BOTA Order. […]
STATE v. TILLMAN, 92,850 (Kan.App. 12-30-2005)
125 P.3d 590 STATE v. TILLMAN. No. 92,850.Court of Appeals of Kansas. December 30, 2005. Appeal from Leavenworth. Decision without published opinion. Affirmed.
STATE v. DUGGINS, 276 Kan. 971 (2003)
STATE v. DUGGINS. No. 88,083.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
SEITZ v. LAWRENCE BANK, 36 Kan. App. 2d 283 (2006)
138 P.3d 388 Jo ANN SEITZ and THE ESTATE OF OSCAR I. BECK, Appellants, v. THE LAWRENCE BANK, Appellee. No. 95,051.Court of Appeals of Kansas. Opinion filed July 21, 2006. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application in Negligence Case. Summary judgment is to be granted with caution in negligence actions. Nevertheless, […]
DAVENPORT v. DICKSON, 211 Kan. 306 (1973)
507 P.2d 301 BERTRAM E. DAVENPORT, Trustee for the GLADYS A. DAVENPORT TRUST, Appellant, v. DALE E. DICKSON, Appellee, and ROBERT L. ARD, Defendant. No. 46,511Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. NOVATION — In Law of Contracts — Defined. A novation, as recognized in the law of […]
STATE v. PALMER, 275 Kan. 967 (2003)
STATE v. PALMER. No. 86,101.Supreme Court of Kansas April 29, 2003. Reported below Unpublished. Petition for review denied.
RYDER v. FARMLAND MUT. INS. CO., 248 Kan. 352 (1991)
807 P.2d 109 DONALD RYDER, Plaintiff, v. FARMLAND MUTUAL INSURANCE CO., et. al., Defendants. No. 64,666Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. ATTORNEY FEES — Fee Splitting — Requirements. Rule 1.5(g) of the Kansas Model Rules of Professional Conduct (MRPC) adopted by this court, (1990 Kan. Ct. R. […]
IN RE GERSHATER, 256 Kan. 512 (1994)
886 P.2d 343 In the Matter of DOROTHY GERSHATER, Respondent. No. 72,196.Supreme Court of Kansas Opinion filed December 9, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed December 9, 1994. One-year suspension. Marty M. Snyder, deputy disciplinary administrator, argued the cause, and Bruce […]
PAYNE v. STATE, 286 Kan. 1179 (2008)
Payne v. State. No. 97,127.Supreme Court of Kansas. July 2, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
SPERRY v. EULERT, 92,105 (Kan.App. 2-18-2005)
106 P.3d 99 SPERRY v. EULERT. No. 92,105.Court of Appeals of Kansas February 18, 2005. Appeal from the Wyandotte. Decision without published opinion. Reversed and remanded.
METCALF v. STATE, 199 Kan. 800 (1967)
433 P.2d 450 THOMAS L. METCALF, Appellant, v. STATE OF KANSAS, Appellee. No. 45,032Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Evidentiary Hearing — No Constitutional Rights Violated. In a proceeding initiated under the provisions of K.S.A. 60-1507 to set […]
SAFETY FEDERAL SAVINGS LOAN ASS’N v. THURSTON, 8 Kan. App. 2d 10 (1982)
648 P.2d 267 SAFETY FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, v. JOHN S. THURSTON and BETTY THURSTON, Defendants-Appellees, and LENEXA STATE BANK AND TRUST COMPANY, Defendant-Appellant. No. 53,277Court of Appeals of Kansas Opinion filed July 29, 1982 SYLLABUS BY THE COURT 1. CONTRACTS — Forbearance — Consideration. Any forbearance to prosecute or defend a claim […]
STATE v. CAMPBELL, 291 Kan. XVII (2010)
State v. Campbell. No. 100,660.Supreme Court of Kansas. January 7, 2011. Appeal from the Unpublished. Petitions For Review Of Decisions Of The Court Of Appeals Denied.
STATE v. SMITH, 225 Kan. 796 (1979)
594 P.2d 218 STATE OF KANSAS, Appellee, v. STEVEN A. SMITH, Appellant. No. 50,289Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Hearing — Statutory Not Constitutional Right. The right to a preliminary examination is purely statutory. It is neither mandated by general constitutional privileges nor […]
STATE v. MOORE, 34 Kan. App. 2d 795 (2005)
124 P.3d 1054 STATE OF KANSAS, Appellee, v. GEORGE MOORE, Appellant. Aff’d 283 Kan. 344, 154 P.3d 1 (2007). No. 93,386.Court of Appeals of Kansas. Opinion filed December 23, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Traffic Stop of Vehicle — Stop Based on Vehicle’s Following Too Close to Another Vehicle. Verification of a […]
STATE v. JACKSON, 281 Kan. 1380 (2006)
State v. Jackson. No. 92,027.Supreme Court of Kansas. May 11, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Granted.
IN RE TAX APPLICATION OF CENT. KAN. E.N.T. ASSOCIATES, 275 Kan. 893 (2003)
69 P.3d 595 IN THE MATTER OF THE APPLICATION OF CENTRAL KANSAS E.N.T. ASSOCIATES, P.A., FOR EXEMPTION OF AD VALOREM TAXATION IN SALINE COUNTY, KANSAS. Nos. 89,030, 89,031.Supreme Court of Kansas Opinion filed May 30, 2003. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Judicial Review of Agency Action — Application of General Rules. The rules […]
STATE v. McGREW, 190 Kan. 834 (1963)
378 P.2d 94 STATE OF KANSAS, Appellee, v. ARNOLD McGREW, JR., and GARY GARDNER, Appellants. No. 43,309Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT 1. ESCAPE — Jail Within Courthouse — What Constitutes Breaking Jail. This is an appeal in a criminal proceeding from a conviction of breaking the county […]
STATE v. TRASK, 93,864 (Kan. 12-9-2005)
124 P.3d 86 STATE v. TRASK. No. 93,864.Supreme Court of Kansas. December 9, 2005. Appeal from Sedgwick. Decisions Without Published Opinions. Affirmed.
BRAY v. BAYLES, 4 Kan. App. 2d 596 (1980)
609 P.2d 1146 DOROTHEA MAE BRAY and ROBERT BRAY, Appellants, v. HUGH G. BAYLES and RALPH N. SUMNER, Appellees. No. 50,654Court of Appeals of Kansas Opinion filed April 18, 1980 Petition for review granted June 26, 1980. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appellate Review of Stipulated Facts — De Novo Review. […]
IN RE ADOPTION OF SMITH, 6 Kan. App. 2d 575 (1981)
631 P.2d 255 In the Matter of the Adoption of DARCY GENE SMITH, a/k/a DARCY GENE ZIMMERMAN, a minor child. No. 52,314Court of Appeals of Kansas Opinion filed July 10, 1981 SYLLABUS BY THE COURT ADOPTION — Consent — Statutory Requirements. A consent from some statutorily authorized person under K.S.A. 59-2102 is essential in the […]
CITY OF MANHATTAN v. FERIL, 35 Kan. App. 2d 740 (2006)
134 P.3d 666 CITY OF MANHATTAN, Appellee, v. CARL W. FERIL, Appellant. No. 94,525.Court of Appeals of Kansas. Opinion filed May 19, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Suppression of Evidence — Appellate Review. When reviewing a motion to suppress, the appellate court determines whether the factual underpinnings of the trial court’s […]
STATE, EX REL., v. TRIPLETT, 213 Kan. 381 (1973)
517 P.2d 136 STATE OF KANSAS, ex rel., DARRELL D. CARLTON, State Labor Commissioner, Appellant, v. TOM C. TRIPLETT, WILLIAM V. CRANK, and BARBARA SAMUELSON, et al., Appellees. No. 46,998Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT CORPORATIONS — Corporate Existence — Liability — Release of Liability for Promoters — […]
KEARNY v. ALLSTATE INS., 38 Kan. App. 2d 641 (2007)
170 P.3d 900 KEARNY COUNTY HOSPITAL, ST. CATHERINE HOSPITAL, Appellees, v. ALLSTATE INSURANCE CO., Appellant. No. 96,953.Court of Appeals of Kansas. Opinion filed November 9, 2007. SYLLABUS BY THE COURT1. JUDGMENTS — Summary judgment — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together […]
STATE v. MARTIN, 284 Kan. 949 (2007)
State v. Martin. No. 95,819.Supreme Court of Kansas. May 8, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Granted
IN RE L.M., 32 Kan. App. 2d xxiv (2004)
In re L.M. No. 91,803.Court of Appeals of Kansas. July 30, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
IN RE ESTATE OF COLLOR, 32 Kan. App. 2d xxiv (2003)
In re Estate of Collor. No. 90,451.Court of Appeals of Kansas. November 26, 2003. Appeal from the Johnson. Unpublished Opinions Affirmed in part; reversed in part; remanded with directions.
STATE v. ELLIOT, 92,716 (Kan.App. 8-12-2005)
117 P.3d 150 STATE v. ELLIOT. No. 92,716.Court of Appeals of Kansas. August 12, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed in part and dismissed in part.
BANKES v. STATE, 32 Kan. App. 2d xviii (2004)
Bankes v. State. No. 90,100.Court of Appeals of Kansas. March 26, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
STATE v. McCARTHER, 196 Kan. 665 (1966)
414 P.2d 59 THE STATE OF KANSAS, Appellee, v. RICHARD LEE McCARTHER, Appellant. No. 44,418Supreme Court of Kansas Opinion filed May 7, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Information Charging Felony — Lack of Preliminary Hearing — Plea in Abatement. Where an information is filed directly in the district court charging an […]
BEALL v. HARDIE, 177 Kan. 353 (1955)
279 P.2d 276 CLARA SAMANTHA BEALL, Appellee, v. ALEXANDER HARDIE, WILLIE WALKER WISE, REUBEN M. WISE, ANNA M. RICHARDS, THURNELDA WILLIAMS, and THURNELDA WILLIAMS, Administratrix of the Estate of Mary Wise, Deceased, Appellants. No. 39,569Supreme Court of Kansas Opinion filed January 22, 1955. SYLLABUS BY THE COURT 1. WILLS — Intention of Testator — Paramount […]
IN RE SINGLETON, 273 Kan. 171 (2002)
41 P.3d 836 IN THE MATTER OF STAN R. SINGLETON, Respondent. No. 87,966Supreme Court of Kansas Opinion filed: March 8, 2002 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Supervised Probation. Original proceeding in discipline. Opinion filed March 8, 2002. Supervised probation. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and […]
STATE v. CURLS, 36 Kan. App. 2d 547 (2006)
145 P.3d 73 STATE OF KANSAS, Appellee, v. LARRY J. CURLS, Appellant. No. 94,629.Court of Appeals of Kansas. Opinion filed May 5, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Domestic Abuse — Investigation by Law Enforcement Officer — Officer Should Confirm Recorded Telephone Messages Relating to Allegations of Violation of Protection Order. The better […]
KANSAS MUN. ENERGY AGENCY v. BOARD OF PUBLIC UTILITIES, 275 Kan. 964 (2003)
KANSAS MUN. ENERGY AGENCY v. BOARD OF PUBLIC UTILITIES. No. 87,084.Supreme Court of Kansas March 28, 2003. Reported below Unpublished. Petition for review denied.
BACA v. WALGREEN CO., 230 Kan. 443 (1982)
638 P.2d 898 MARY DOLORES BACA AND SUSAN ROBERTSON GERARD, as individuals and MARY DOLORES BACA AND SUSAN ROBERTSON GERARD as Trustees of the LOUISE V. STOVER TRUST, Appellants, v. WALGREEN CO., an Illinois corporation, Appellee. No. 51,624Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Regulations […]
STATE v. HALL, 246 Kan. 728 (1990)
793 P.2d 737 STATE OF KANSAS, Appellee, v. GARY LEE HALL, Appellant. No. 61,955Supreme Court of Kansas Opinion filed May 31, 1990. SYLLABUS BY THE COURT 1. EVIDENCE — Other Crimes Evidence — Admissibility. Admissibility of evidence of other crimes under K.S.A. 60-455 is to be determined by the trial judge prior to the trial […]
KARNER v. WILLIS, 238 Kan. 246 (1985)
710 P.2d 21 HERBERT R. KARNER and RUTH D. KARNER, Plaintiffs-Appellants, v. JIM WILLIS and RONALD F. LLOYD, a/k/a RON LLOYD, et al., Defendants-Appellees, v. KANOPOLIS STATE BANK, Garnishee/Defendant-Appellee. No. 56,535Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. BANKS — Acceleration Clause in Loan Agreement — Accelerated Loan May […]
STATE v. THOMPSON, 32 Kan. App. 2d xlii (2004)
State v. Thompson. No. 90,676.Court of Appeals of Kansas. July 2, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.
SOLOMON v. MORSE, 188 Kan. 156 (1961)
360 P.2d 1049 ALBERT SOLOMON and FREDERICK SOLOMON, Appellants, v. LYNN F. MORSE, NELLIE GUNTHER, OSCAR KIMZEY, OLEN SOLOMON, HOWARD L. STAUFFER, GLADYS L. WATSON, RUTH BIRD and BEULAH F. BUMCROT, Appellees. No. 42,187Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT WILLS — Action to Construe — Words and Phrases. […]
STATE v. JOHNSON, 287 Kan. 767 (2009)
State v. Johnson. No. 96,111.Supreme Court of Kansas. January 22, 2009. Appeal from the 40 Kan. App. 2d 196. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. NGUYEN, 32 Kan. App. 2d xxxix (2004)
State v. Nguyen. No. 90,481.Court of Appeals of Kansas. July 30, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
KRINGS v. SAFECO INS. CO. OF AMERICA, 6 Kan. App. 2d 391 (1981)
628 P.2d 1071 T.R. KRINGS, Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, and GENERAL INSURANCE COMPANY OF AMERICA, Appellees. No. 51,582Court of Appeals of Kansas Opinion filed May 29, 1981 SYLLABUS BY THE COURT 1. INSURANCE — Intention of Parties to Contract. In determining the intention of the parties to a contract of insurance, the […]
IN RE WISLER, 254 Kan. 600 (1994)
866 P.2d 1049 In the Matter of JAMES L. WISLER, Respondent. No. 70,239Supreme Court of Kansas Opinion filed January 21, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Probation. Original proceeding in discipline. Opinion filed January 21, 1994. One-year conditional probation. Martha M. Snyder, deputy disciplinary administrator, argued the cause, […]
STATE v. ALLEN, 4 Kan. App. 2d 534 (1980)
609 P.2d 219 STATE OF KANSAS, Appellee, v. JONATHAN EDWARD ALLEN, Appellant. No. 50,983Court of Appeals of Kansas Opinion filed March 28, 1980 Petition for review denied May 19, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Change of Venue — Trial Court Discretion — Appellate Review. The granting of change of venue lies […]
STATE v. JACKSON, 286 Kan. 1183 (2008)
State v. Jackson. No. 97,793.Supreme Court of Kansas. September 22, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. VOIGT, 276 Kan. 974 (2003)
STATE v. VOIGT. No. 88,348.Supreme Court of Kansas. July 9, 2003. Reported below Unpublished. Petition for review denied.
IN RE JENKINS, 253 Kan. 842 (1993)
862 P.2d 1102 In the Matter of ROBERT E. JENKINS, Respondent. Bar Docket No. 07314Supreme Court of Kansas November 10, 1993 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated October 29, 1993, to the clerk of the appellate courts, respondent Robert E. Jenkins, of Kansas City, Kansas, an […]
STATE v. PERRY, 223 Kan. 230 (1977)
573 P.2d 989 STATE OF KANSAS, Appellee, v. DANIEL L. PERRY, Appellant. No. 48,779Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Instruction on Defendant’s Failure to Testify. The giving of an instruction, over objection of the defendant, that the jury shall not consider the fact that […]
AMORTIBANC INV. CO. v. RAMPART ASSOC. MANAGEMENT, 6 Kan. App. 2d 227 (1981)
627 P.2d 389 AMORTIBANC INVESTMENT COMPANY, INC., Plaintiff, v. RAMPART ASSOCIATED MANAGEMENT, INC., KENNETH D. McNAUGHTON, (Defendant-Appellant) RODICA McNAUGHTON, LEE J. BAKER, MARSHALL GREGORY, CAROLYN GREGORY, STAR LUMBER AND SUPPLY COMPANY, INC., COLOR TILE SUPERMART, INC., GAS SERVICE COMPANY, ARCHITECTURAL LIGHTING, INC., LESTER UNREIN d/b/a UNREIN EXCAVATION, PPG INDUSTRIES, INC., ACME BRICK COMPANY, DELBERT CROWL […]
PUCKETT v. STATE, 276 Kan. 969 (2003)
PUCKETT v. STATE. No. 87,574.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
L.P.P. MORTGAGE, LTD. v. HAYSE, 32 Kan. App. 2d 579 (2004)
87 P.3d 976 L.P.P. MORTGAGE, LTD., Appellee, v. NATHAN B. HAYSE, et al., Appellants, and CENTRAL BANK TRUST, Appellee. No. 90,937.Court of Appeals of Kansas. Opinion filed March 12, 2004. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Statutory Authorization — Jurisdiction of Appellate Courts to Entertain Appeal Controlled by Statutes. Appellate courts have jurisdiction to […]
STATE v. WILLIAMS, 35 Kan. App. 2d xxi (2006)
State v. Williams. No. 93,692.Court of Appeals of Kansas. March 3, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
MILLENNIUM FINANCIAL SERVICES, LLC v. THOLE, 31 Kan. App. 2d 798 (2003)
74 P.3d 57 MILLENNIUM FINANCIAL SERVICES, L.L.C., Appellee, v. NORMAN THOLE; TNT AUTO GROUP OF AUGUSTA, INC.; TNT AUTO GROUP OF ANDOVER, INC.; TNT AUTO GROUP OF DERBY, INC.; TNT AUTO GROUP, L.L.C.; TNT COMPLETE CAR CARE CENTER, INC.; and TNT MANAGEMENT GROUP, INC., Defendants; and JOHN B. DOPPS, Appellant. No. 89,523.Court of Appeals of […]
IN RE ESTATE OF KINNETT, 23 Kan. App. 2d 842 (1997)
935 P.2d 1090 In the Matter of the Estate of Mary F. Kinnett, Deceased. No. 76,365Court of Appeals of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT 1. DESCENT AND DISTRIBUTION — Claim against Estate — Refusal to Grant Letters of Administration — Petition. Under a K.S.A. 59-2287(a)(2) petition for refusal to grant […]
CASAS v. FARMERS INS. EXC., 35 Kan. App. 2d 223 (2005)
130 P.3d 1201 MANUEL FERNANDO CASAS, Appellant/Cross-appellee, v. FARMERS INSURANCE EXCHANGE, Defendant, and MARTY ROBBINS INSURANCE AGENCY, INC., Appellee/Cross-appellant. No. 92,790.[1] Court of Appeals of Kansas. Opinion filed October 28, 2005. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2005 Kan. Ct. […]
HERBEL v. ENDRES, 202 Kan. 733 (1969)
451 P.2d 184 NORMAN DEAN HERBEL, Appellee, v. DAVID E. ENDRES, Appellant. No. 45,272Supreme Court of Kansas Opinion filed March 8, 1969. SYLLABUS BY THE COURT 1. NEW TRIAL — Order Granting Not Appealable — Exception to Rule Stated. Although an order granting a new trial is normally not appealable as a final order, an […]
STATE v. LACKEY, 232 Kan. 478 (1983)
657 P.2d 40 STATE OF KANSAS, Appellant, v. ERNEST L. LACKEY, PRESIDENT OF LACKEY TANK SERVICE, INC., Appellee. No. 53,952Supreme Court of Kansas Opinion filed January 14, 1983. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Strict Construction of Penal Statutes. Statutes are presumed constitutional but penal statutes are strictly construed against the State. […]
GANN v. JOECKEL, 20 Kan. App. 2d 136 (1994)
884 P.2d 451 DEBORAH GANN, as the natural mother and heir-at-law of STEPHANIE L. FROST, deceased, and GREG FROST, as the natural father and heir-at-law of STEPHANIE L. FROST, deceased, Appellees, v. SPENCER JOECKEL, Appellant. No. 71,213Court of Appeals of Kansas Opinion filed November 10, 1994 SYLLABUS BY THE COURT WRONGFUL DEATH — Comparative Negligence […]
PATRONS STATE BANK TRUST CO. v. SHAPIRO, 215 Kan. 856 (1974)
528 P.2d 1198 PATRONS STATE BANK AND TRUST COMPANY, Appellee, v. DEANE H. SHAPIRO, Appellant. No. 47,492Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. ASSIGNMENTS — What Title Passes — Assignor Divested of All Rights. An assignment passes all of the assignor’s title or interest to the assignee, and […]
KECK v. CHENEY, 196 Kan. 535 (1966)
413 P.2d 119 LAURA VELMA CUDDY KECK, Appellant, v. J.R. CHENEY, Director, Alcoholic Beverage Control, Appellee. No. 44,399Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT INTOXICATING LIQUOR — Husband Convicted of Driving While Intoxicated — Liquor License Barred to Either Spouse. A conviction of driving a motor vehicle on a […]
PARNELL v. SECURITY ELEVATOR CO., 174 Kan. 643 (1953)
258 P.2d 288 MAURINE RUTH PARNELL, Appellee, v. SECURITY ELEVATOR COMPANY, Appellant. No. 38,963Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT 1. JURIES — Determining Qualifications — Function of Trial Court. Whether a prospective juror is qualified is addressed to the sound discretion of the trial court on the juror’s […]
STATE v. DELANO, 188 Kan. 687 (1961)
366 P.2d 294 STATE OF KANSAS, Appellee, v. BUDDY JOE DELANO, Appellant. No. 42,257Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT HOMICIDE — Prosecution for First-degree Murder — Instruction as to Murder in the Second Degree — No Error. In a prosecution for murder in the first degree alleged to […]
COFFMAN, ADMINISTRATRIX v. BD. OF COUNTY COMMISSIONERS, 203 Kan. 625 (1969)
455 P.2d 496 VIRGINIA C. COFFMAN, Administratrix of the Estate of Richard M. Coffman, Deceased, Appellant, v. BOARD OF COUNTY COMMISSIONERS of Osage County, Kansas, Appellee; (John F. Fisher, and Contractors, Inc., a corporation, Defendants). No. 45,373Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT HIGHWAYS — Defect in County Highway […]
PENN v. STATE, 286 Kan. 1179 (2008)
Penn v. State. No. 94,231.Supreme Court of Kansas. September 22, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. MUDLOFF, 29 Kan. App. 2d 1075 (2001)
36 P.3d 326 STATE OF KANSAS, Appellant, v. CYNTHIA MUDLOFF, Appellee. No. 86,847Court of Appeals of Kansas Opinion filed: December 7, 2001. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Suppression of Evidence — Appellate Review. Rules for reviewing a suppression of evidence are stated and applied. 2. CRIMINAL LAW — Search and Seizure […]
STATE v. SMITH, 254 Kan. 16 (1993)
864 P.2d 1208 STATE OF KANSAS, Appellee, v. RONALD SMITH, Appellant. No. 67,855Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Modification of Sentence — Jurisdiction of District Court to Hear Defendant’s Second Motion to Modify Sentence. In construing K.S.A. 1992 Supp. 21-4603(4), it is held: […]
STATE v. EATON, 199 Kan. 192 (1967)
428 P.2d 847 STATE OF KANSAS, Appellee, v. JACK C. EATON, Appellant. No. 44,643Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. NEW TRIAL — Newly Discovered Evidence — Facts Within Knowledge of Defendant. When facts are fully within the knowledge of a party litigant at the time of trial […]
DAVIS v. SIMMONS, 31 Kan. App. 2d 556 (2003)
68 P.3d 160 JOEY DAVIS, Appellant, v. CHARLES SIMMONS, Secretary of Corrections, DAVID McKUNE, Warden, and KANSAS PAROLE BOARD, Appellees. No. 89,712.Court of Appeals of Kansas. Opinion filed May 2, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Postrelease Supervision. Under K.S.A. 2002 Supp. 22-3717(f), the period of postrelease supervision shall be based […]
STATE v. POLSON, 225 Kan. 821 (1979)
594 P.2d 235 STATE OF KANSAS, Appellant, v. JOHN POLSON, Appellee. No. 50,525Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT CRIMINAL LAW — Disorderly Conduct — Elements May Be Proven Even if One Other Person Present during Alleged Conduct. In an appeal by the State from dismissal of a complaint […]
STATE EX REL. KLINE v. BD. OF COMM’RS OF UNIFIED GOVT., 277 Kan. 516 (2004)
85 P.3d 1237 STATE OF KANSAS, ex rel. PHILL KLINE, Attorney General, Appellant, v. The UNIFIED BOARD of COMMISSIONERS of the UNIFIED GOVERNMENT of WYANDOTTE COUNTY/KANSAS CITY, KANSAS, and the MAYOR and COUNCIL of the CITY of EDWARDSVILLE, KANSAS, Appellees. No. 90,578.Supreme Court of Kansas. Opinion filed March 19, 2004. SYLLABUS BY THE COURT1. APPEAL […]
McCOLPIN v. STATE, 281 Kan. 1378 (2006)
McColpin v. State. No. 93,695.Supreme Court of Kansas. May 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. FRANKLIN, 221 Kan. 739 (1977)
561 P.2d 860 STATE OF KANSAS, Appellee, v. MAX FRANKLIN, Appellant. No. 48,492Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Premeditated Murder and Aggravated Battery — Admission of Gruesome Photographs — Failure to Instruct on Involuntary Manslaughter and Battery Not Error. The record is examined in a […]
GREATHOUSE v. KASB RISK MANAGEMENT SERVICES, 44 Kan. App. 2d 29 (2010)
237 P.3d 1250 PAULA GREATHOUSE, DIRECTOR OF THE DIVISION OF WORKERS COMPENSATION, Appellant, v. KASB RISK MANAGEMENT SERVICES; KANSAS MUNICIPAL INSURANCE TRUST; ALTERNATIVE RISK SERVICES, et al, Appellees. No. 102,640.[1] Court of Appeals of Kansas. Opinion filed: May 21, 2010. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion […]
STATE v. MCCAMMON, 45 Kan. App. 2d 482 (2011)
250 P.3d 838 STATE OF KANSAS, Appellee, v. AARON MCCAMMON, Appellant. No. 102,713.Court of Appeals of Kansas. Opinion filed March 4, 2011. SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Legality of Search — Burden of Proof on Person Challenging Legality as Basis for Suppressing Evidence Seized during Search. One who seeks to challenge the […]
STATE v. LEEPER, 35 Kan. App. 2d xviii (2006)
State v. Leeper. No. 93,599.Court of Appeals of Kansas. June 2, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
STATE v. BENDER, 92,062 (Kan.App. 8-5-2005)
116 P.3d 770 STATE v. BENDER. No. 92,062.Court of Appeals of Kansas. August 5, 2005. Appeal from Reno. Decision without published opinion. Affirmed.
GARDIN v. EMPORIA HOTELS, INC., 275 Kan. 963 (2003)
GARDIN v. EMPORIA HOTELS, INC. No. 88,788.Supreme Court of Kansas April 29, 2003. Reported below 31 Kan. App. 2d 168. Petition for review denied.
IN RE SAVAIANO, 245 Kan. 116 (1989)
774 P.2d 982 In the Matter of GARY A. SAVAIANO, Respondent. No. 63,162Supreme Court of Kansas Opinion filed May 26, 1989. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed May 26, 1989. Disbarment. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause for the petitioner. […]
LONG v. TURK, 265 Kan. 855 (1998)
962 P.2d 1093 ALICE F. LONG, Appellant, v. STEVEN L. TURK, Appellee. No. 79,546Supreme Court of Kansas Opinion filed August 19, 1998. SYLLABUS BY THE COURT 1. NEGLIGENCE — Dangerous Instrumentality Doctrine — Handgun as Dangerous Instrumentality. A .357 Magnum handgun is a dangerous instrumentality. The highest degree of care is required in safeguarding such […]
STATE v. CARLSON, 32 Kan. App. 2d xxxii (2004)
State v. Carlson. No. 90,140.Court of Appeals of Kansas. July 23, 2004. Appeal from the Johnson. Unpublished Opinions Affirmed.
HAGA v. MOSS, ADMINISTRATOR, 181 Kan. 171 (1957)
311 P.2d 281 In the Matter of the Estate of Clark J. Armstrong, also known as C.J. Armstrong, deceased. (ARLEY D. HAGA, Appellant, v. HAROLD L. MOSS, Administrator of the Estate of Clark J. Armstrong, deceased, Appellee.) No. 40,348Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT 1. AUTOMOBILES — Demurrer […]
STATE v. REICH, 284 Kan. 950 (2007)
State v. Reich. No. 94,759.Supreme Court of Kansas. May 8, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
ROBINSON v. FLYNN’S FERRY SERVICE, INC., 6 Kan. App. 2d 709 (1981)
633 P.2d 1166 WILLIE MAE ROBINSON, Mother of Howard L. Robinson, Deceased, Appellant, v. FLYNN’S FERRY SERVICE, INC., Appellee. No. 52,538Court of Appeals of Kansas Opinion filed August 28, 1981 Petition for review denied December 9, 1981. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — “Statutory” Employee Distinguished from “Special” Employee. A statutory employee is […]
CARTER v. CARTER, 187 Kan. 74 (1960)
353 P.2d 499 BENJAMIN L. CARTER and HARRIET I. HARKINS, Appellants, v. RICHARD H. CARTER and LUCILE CARTER, his wife; MILDRED M. HIGDON; and BENJAMIN F. CARTER, Appellees. No. 41,909Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT 1. PARTITION — Refreshing Recollection — Accounting — Decreeing Homestead. Plaintiffs sought partition […]
PONTIOUS v. BATH, 170 Kan. 103 (1950)
223 P.2d 985 I.D. PONTIOUS, Appellee, v. W.J. BATH, Appellant. No. 37,988Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT ANIMALS — Hog Law — Election — Sufficiency of Evidence. Examining the record in an action in which plaintiff sought and recovered damages to his crops by reason of defendant’s permitting […]
SOWERS v. TSAMOLIAS, 262 Kan. 717 (1997)
941 P.2d 949 BARBARA V. SOWERS AND JAMES W. SOWERS, Appellants, v. PETER TSAMOLIAS AND TOULA TSAMOLIAS, Appellees. No. 76,459Supreme Court of Kansas Opinion filed July 11, 1997 SYLLABUS BY THE COURT 1. ADOPTION — Grandparent Visitation Rights — Natural Grandparents without Standing to Petition for Visitation. Upon review of Sowers v. Tsamolias, 23 Kan. […]
STATE v. DANNER, 36 Kan. App. 2d xx (2006)
State v. Danner (Modified). Nos. 92,234, 92,235.Court of Appeals of Kansas. October 6, 2006. Appeal from the Reno. Unpublished Opinions Convictions affirmed; sentences vacated; remanded with directions.
HARTFORD ACCIDENT INDEMNITY CO. v. RICHARDS, 179 Kan. 187 (1956)
294 P.2d 236 HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee, v. P.A. RICHARDS, Appellant. No. 39,862Supreme Court of Kansas Opinion filed February 29, 1956. SYLLABUS BY THE COURT 1. CONVICTS — Confinement for Less Than Life — May be Sued. One confined in the state penitentiary for a term less than life may be sued while […]
CARNATION CO. v. MIDSTATES MARKETERS, INC., 2 Kan. App. 2d 236 (1978)
577 P.2d 827 CARNATION COMPANY, a Corporation, Appellee, v. MIDSTATES MARKETERS, INC., a Corporation, Defendant, and EDWARD B. DETRIXHE, Appellant. No. 49,146Court of Appeals of Kansas Opinion filed April 28, 1978 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Judgment Lien on Real Estate. The exact nature of a judgment lien is determined by the […]
BLAKE v. HUTCHINSON MANUFACTURING CO., 213 Kan. 511 (1973)
516 P.2d 1008 MAYNARD BLAKE, Claimant, Appellant, v. HUTCHINSON MANUFACTURING COMPANY, Respondent, and AMERICAN MOTORISTS INSURANCE COMPANY, INSURANCE Carrier, Appellees. No. 47,090Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Referral by Physician to Specialist — Physician May Make Further Referrals Until Authority Withdrawn. Where an authorized […]
IN RE ESTATE OF WARD, 176 Kan. 614 (1954)
272 P.2d 737 In the Matter of the Estate of Sherman (Sherman L.) Ward, Deceased, Appellant, v. THE STATE DEPARTMENT OF SOCIAL WELFARE, Appellee. No. 39,438Supreme Court of Kansas Opinion filed July 6, 1954. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Power to Prescribe Rules of Evidence. The legislature has the power to prescribe […]
STATE v. DOSAL, 278 Kan. 848 (2004)
STATE v. DOSAL. No. 89,436.Supreme Court of Kansas. May 25, 2004. Reported below Unpublished. Petition for review denied.
SNEDEGER v. SCHRADER, 183 Kan. 725 (1958)
332 P.2d 586 COSETTE SNEDEGER, Appellee, v. J.A. SCHRADER and FLORENCE SCHRADER, Appellants. No. 41,041Supreme Court of Kansas Opinion filed December 6, 1958. SYLLABUS BY THE COURT 1. PLEADING — Demurrer. A defendant may demur to a petition only where some one of the defects enumerated in G.S. 1949, 60-705 appears on the face of […]
STATE v. MATHENIA, 281 Kan. ix (2006)
State v. Mathenia. No. 94,968.Supreme Court of Kansas. June 9, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed in part; dismissed in part.
KANSAS STATE BANK TR. CO v. SPECIALIZED TRANSP. SERV., 249 Kan. 348 (1991)
819 P.2d 587 KANSAS STATE BANK AND TRUST COMPANY, Appellee, v. SPECIALIZED TRANSPORTATION SERVICES, INC., and UNIFIED SCHOOL DISTRICT No. 259, Appellants, and H. ARDON DAVIDSON, Defendant. No. 65,083Supreme Court of Kansas Opinion filed October 25, 1991. SYLLABUS BY THE COURT 1. TORTS — Negligent Retention and Supervision of Employee — Employer Liable if Harm […]
TUSCANO v. STATE, 206 Kan. 260 (1970)
478 P.2d 213 PETER PAUL TUSCANO, Appellant, v. STATE OF KANSAS, Appellee. No. 45,872Supreme Court of Kansas Opinion filed December 12, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Right to Appeal Not Guaranteed by Constitution. The right to appeal, being a privilege or matter of grace, is not guaranteed by either the Kansas […]
STATE v. MENDOZA, 32 Kan. App. 2d xxxviii (2004)
State v. Mendoza. No. 90,008.Court of Appeals of Kansas. March 19, 2004. Appeal from the Reno. Unpublished Opinions Affirmed.