64 P.3d 458 MIKE MONEY and DOUGLAS A. MONEY, Appellants, v. FORT HAYS STATE UNIVERSITY ENDOWMENT ASSOCIATION, Appellee. Nos. 89,115, 89,116.Court of Appeals of Kansas. Opinion filed February 28, 2003. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Summary Judgment — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, […]
Category: Kansas Court Opinions
MILLER v. STATE, 36 Kan. App. 2d xvii (2006)
Miller v. State. No. 96,523.Court of Appeals of Kansas. December 8, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. SUTTON, 32 Kan. App. 2d xlii (2004)
State v. Sutton. No. 89,791.Court of Appeals of Kansas. February 20, 2004. Appeal from the Geary. Unpublished Opinions Affirmed.
STATE, EX REL., v. EASTIN, 179 Kan. 555 (1956)
297 P.2d 170 THE STATE OF KANSAS, ex rel. W.R. MATHEWS, County Attorney, Appellant, v. CLEO EASTIN and FLOYD EASTIN, Appellees. No. 40,050Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT 1. INJUNCTIONS — Nature of Remedy — Mode of Operation. Injunction is an equitable remedy which operates in futuro. 2. […]
STATE v. DUNN, 243 Kan. 414 (1988)
758 P.2d 718 STATE OF KANSAS, Appellee, v. LISA DUNN, Appellant. No. 58,965Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT CRIMINAL LAW — Expert Witness for Defense — Denial of Funds to Obtain Expert Witness — Denial of Jury Instruction on Defense of Compulsion. Under the facts of this case, […]
STATE v. NEAL, 32 Kan. App. 2d xxxix (2004)
State v. Neal. No. 89,700.Court of Appeals of Kansas. March 5, 2004. Appeal from the Pawnee. Unpublished Opinions Affirmed.
BAYER CONSTRUCTION CO v. WHITE-LAYTON MECH. CONTRACTORS, 190 Kan. 535 (1962)
376 P.2d 930 BAYER CONSTRUCTION COMPANY, INC., Appellee, v. WHITE-LAYTON MECHANICAL CONTRACTORS, INC., and TRINITY UNIVERSAL INSURANCE COMPANY, Appellants. No. 42,926Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT BUILDING CONTRACTS — Landscaping Essential Part of Improvement — Limitation of Actions. The record is examined in an action to recover on […]
STATE v. JACKSON, 270 Kan. 755 (2001)
19 P.3d 121 STATE OF KANSAS, Appellee, v. MARLON JACKSON, Appellant. No. 83,084Supreme Court of Kansas Opinion filed: March 9, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Extrajudicial Statement of Accused — Voluntainess — Admissiblity — Appellate Review. When a trial court conducts a full hearing on the admissibility of an extrajudicial statement […]
SIMMONS v. STATE, 276 Kan. 970 (2003)
SIMMONS v. STATE. No. 88,939.Supreme Court of Kansas. July 9, 2003. Reported below Unpublished. Petition for review denied.
MARTIN v. HINNEN, 6 Kan. App. 2d 233 (1981)
627 P.2d 1140 RUSSELL MARTIN, Appellant, v. THELMA HINNEN and JAMES E. HINNEN, As Joint Executors of the Last Will and Testament of Ralph L. Hinnen, Deceased, Appellees. No. 51,458Court of Appeals of Kansas Opinion filed May 8, 1981 SYLLABUS BY THE COURT 1. REAL PROPERTY — Boundary Line — Implied Agreement. One of the […]
IN RE BENGTSON, 283 Kan. 185 (2006)
IN THE MATTER OF LARRY E. BENGTSON, Respondent. Bar Docket No. 6160.Supreme Court of Kansas. February 6, 2007. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated December 21, 2006, addressed to Carol G. Green, Clerk of the Appellate Courts, and Stanton Hazlett, Disciplinary Administrator, respondent Larry E. Bengtson, of […]
STATE v. LUMLEY, 35 Kan. App. 2d xviii (2006)
State v. Lumley. No. 92,550.Court of Appeals of Kansas. April 7, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
OSBORNE v. FAKES, 178 Kan. 373 (1955)
286 P.2d 156 M.G. OSBORNE and FLORA F. OSBORNE, LESTER R. CHILSON and LENA RUTH CHILSON, Appellees, v. BEN FAKES, (FRED E. McMURRAY and BONNIE S. McMURRAY) Appellant. No. 39,819Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT 1. QUIET TITLE — No Error Found. The record in a quiet title […]
STATE v. GARCIA, 91,799 (Kan.App. 10-7-2005)
120 P.3d 808 STATE v. GARCIA. No. 91,799.Court of Appeals of Kansas. October 7, 2005. Decision without published opinion. Affirmed.
WARD v. BOUSKA, EXECUTOR, 180 Kan. 210 (1956)
302 P.2d 994 N.J. WARD, as guardian ad litem for Sophia Bouska and Dorothy Mach, Appellants, v. TONY W. BOUSKA, Executor of the Last Will and Testament and Estate of Anna Bouska, deceased; TONY W. BOUSKA, GEORGE F. BOUSKA, DORIS W. BOUSKA, JAMES W. BOUSKA, DOLORES J. LEWIS, DONALD E. BOUSKA, JAMES W. BOUSKA as […]
MOORE v. STATE BANK OF BURDEN, 240 Kan. 382 (1986)
729 P.2d 1205 RODNEY A. MOORE, next of kin of KATHLEEN A. GRUBB, Deceased, and Administrator of the Estate of KATHLEEN A. GRUBB, Deceased, Appellant, v. THE STATE BANK OF BURDEN, A Kansas Banking Corporation; WAYNE E. TEMPLE and RUBY M. TEMPLE; both Individuals, Appellees. No. 59,132Supreme Court of Kansas Opinion filed December 5, 1986. […]
IN RE EQUALIZATION APPEAL OF OTTAWA HOUSING, 27 Kan. App. 2d 1008 (2000)
10 P.3d 777 In the Matter of the Equalization Appeal of OTTAWA HOUSING ASSOC., L.P. No. 83,198Court of Appeals of Kansas Opinion filed September 1, 2000. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. This court has de novo review over the interpretation of a statute. 2. ADMINISTRATIVE LAW — Appellate Review […]
VAN BEBBER v. STATE, 220 Kan. 3 (1976)
551 P.2d 878 GEORGE GENE VAN BEBBER, Appellant, v. STATE OF KANSAS, Appellee. No. 47,895Supreme Court of Kansas Opinion filed June 12, 1976. MEMORANDUM OPINION CRIMINAL LAW — Post Conviction Motion — Full Evidentiary Hearing Denied — Plea Not Coerced — Transcript Denied. Appeal from Wyandotte district court, division No. 5; LEO J. MORONEY, judge. […]
STATE v. FLORES, 268 Kan. 657 (2000)
999 P.2d 919 STATE OF KANSAS, Appellee, v. RAFAEL FLORES, Appellant. No. 80,862Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Jurisdiction of Appellate Court to Consider Sentence Challenge. Under the provisions of K.S.A. 21-4721 an appellate court’s jurisdiction to consider a challenge to a […]
ALLEN MEMORIAL HOSP. v. BD OF BUTLER CTY COMM’RS, 12 Kan. App. 2d 680 (1988)
753 P.2d 1302 SUSAN B. ALLEN MEMORIAL HOSPITAL, Appellee, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, KANSAS, Appellant. No. 61,049Court of Appeals of Kansas Opinion filed May 5, 1988 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Arrest — Custodial Restraint — “in Custody” Construed. A person who has not been arrested is not […]
MARCOTTE v. KANSAS ANIMAL HEALTH DEPT., 32 Kan. App. 2d xxvii (2004)
Marcotte v. Kansas Animal Health Dept. Nos. 90,311, 90,338.Court of Appeals of Kansas. February 6, 2004. Appeal from the Republic. Unpublished Opinions Affirmed.
STATE v. REGIER, 228 Kan. 746 (1980)
621 P.2d 431 STATE OF KANSAS, Petitioner, v. MAX REGIER, Respondent. No. 51,950, 52,195Supreme Court of Kansas Opinion filed December 6, 1980. ORIGINAL PROCEEDINGS IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Suspension for Indefinite Period. Opinion filed December 6, 1980. Suspension from the practice of law for an indefinite period. Roger N. Walter, […]
KOHN v. BABB, 204 Kan. 245 (1969)
461 P.2d 775 MATH KOHN, Appellant and Cross-Appellee, v. HELEN BABB, Appellee and Cross-Appellant. No. 45,471Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Review of Evidence — Omitted From Record. Questions relating to a review of evidence cannot be answered on appeal when it is […]
SMITH v. STATE, 281 Kan. 1379 (2006)
Smith v. State. No. 93,279.Supreme Court of Kansas. June 8, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
SLUSHER v. WONDERFUL HOUSE CHINESE RESTAURANT, 42 Kan. App. 2d 831 (2009)
217 P.3d 11 ALFRED E. SLUSHER, Appellant, v. WONDERFUL HOUSE CHINESE RESTAURANT, INC. and KANSAS WORKERS COMPENSATION FUND, Appellees. No. 101,614.Court of Appeals of Kansas. Opinion filed October 9, 2009. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Interpretation of Workers Compensation Act by Workers Compensation Board — Application of Doctrine of Operative Construction. Under the […]
WILSON v. RAMIREZ, 269 Kan. 371 (2000)
2 P.3d 778 MICHAEL R. WILSON, Appellant, v. AUGUSTO RAMIREZ, M.D., Defendant, and KANSAS MEDICAL MUTUAL INSURANCE COMPANY AND KANSAS HEALTH CARE STABILIZATION FUND, Appellees. No. 82,463Supreme Court of Kansas Opinion filed June 2, 2000. SYLLABUS BY THE COURT 1. INSURANCE — Medical Malpractice Insurance — Claims-based Coverage — Statutory Clarification. Kansas mandates claims-based medical […]
BOARD OF SEDGWICK COUNTY COMMR’S v. NOONE, 235 Kan. 777 (1984)
682 P.2d 1303 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, KANSAS, Petitioner, v. THE HONORABLE JAMES J. NOONE, Administrative Judge, 18th Judicial District, and DOROTHY I. VAN ARSDALE, Clerk of the District Court, 18th Judicial District, Respondents. No. 56,584Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. […]
STATE v. BLACK, 221 Kan. 248 (1977)
559 P.2d 784 STATE OF KANSAS, Appellee, v. JAMES E. BLACK, Appellant. No. 48,312Supreme Court of Kansas Opinion filed January 7, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Theft — Venue — Motion to Suppress — Admissibility of Evidence. In an appeal from a judgment of conviction of theft (knowingly receiving stolen property), it […]
KINCAID v. WADE, 196 Kan. 174 (1966)
410 P.2d 333 JASPER J. KINCAID, Appellant, v. HERBERT E. WADE, JR. and IRENE E. BRASCH, Appellees. No. 44,298Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. NEW TRIAL — Misconduct of Jurors. It is misconduct requiring a new trial for members of a jury to follow an automobile being […]
STATE v. JOLLY, 291 Kan. 842 (2011)
249 P.3d 421 STATE OF KANSAS, Appellee, v. WILLIAM JOLLY, Appellant. No. 101,512.Supreme Court of Kansas. Opinion filed March 18, 2011. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. Statutory interpretation is a question of law over which an appellate court has unlimited review. 2. CRIMINAL LAW — Sentencing — Departure Sentence. K.S.A. […]
STATE v. JAMISON, 269 Kan. 564 (2000)
7 P.3d 1204 STATE OF KANSAS, Appellee, v. CHESTER R. JAMISON, Appellant. No. 81,644Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Gang Membership Evidence — Admissibility. Evidence of gang membership is not a crime or civil wrong under K.S.A. 60-455 and is admissible if relevant. 2. […]
STATE v. KING, 2 Kan. App. 2d 503 (1978)
582 P.2d 309 STATE OF KANSAS, Appellee, v. WILLIAM A. KING, Appellant. No. 49,821Court of Appeals of Kansas Opinion filed August 4, 1978 SYLLABUS BY THE COURT CRIMINAL LAW — Aid to Indigent Defendants — Request for Expert Services of Defendant’s Own Choosing. In an appeal from a conviction of aggravated juvenile delinquency (K.S.A. 21-3611(1)[f]), […]
STATE v. WILLIAMS, 35 Kan. App. 2d xxi (2006)
State v. Williams. No. 93,870.Court of Appeals of Kansas. April 14, 2006. Appeal from the Johnson. Unpublished Opinions Appeal dismissed.
BRUCE v. SMITH, 204 Kan. 473 (1970)
464 P.2d 224 HERBERT D. BRUCE and CAROL BRUCE, his wife, Appellees, v. E.C. SMITH, d/b/a A A DURACLEAN SERVICE, Appellant, DURACLEAN COMPANY, a corporation, and ISAAC MAGDALENO, Defendants. No. 45,514Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. TRIAL — General Finding Implicit in Judgment — Conclusiveness. In the […]
JARMON v. STATE, 286 Kan. 1178 (2008)
Jarmon v. State. No. 95,894.Supreme Court of Kansas. July 2, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
HEALTH CARE PROPERTIES v. PAUL-WERTENBERGER CONS, INC., 286 Kan. 1177 (2008)
Health Care Properties v. Paul-Wertenberger Constr., Inc. No. 97,083.Supreme Court of Kansas. July 2, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
IN RE WOOTON, 265 Kan. 256 (1998)
968 P.2d 670 IN THE MATTER OF ROBERT C. WOOTON, Respondent. No. 06474Supreme Court of Kansas June 5, 1998. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated May 15, 1998, to the Clerk of the Appellate Courts, respondent Robert C. Wooton, of Kansas City, an attorney admitted to […]
STATE v. McPHERSON, 32 Kan. App. 2d xxxviii (2004)
State v. McPherson. No. 89,281.Court of Appeals of Kansas. January 16, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
EIDSON v. PALMQUIST, 188 Kan. 373 (1961)
362 P.2d 626 JOHN L. EIDSON and ESTELLA M. EIDSON, Appellants, v. CLIFFORD A. PALMQUIST, County Engineer and Ex-officio County Surveyor of Riley County, and VICTOR L. FINCHAM, County Engineer and Ex-officio County Surveyor of Pottawatomie County, Appellees. No. 42,200Supreme Court of Kansas Opinion filed June 10, 1961. SYLLABUS BY THE COURT COURTS — Appeal […]
THOMAS v. BONE, 191 Kan. 453 (1963)
381 P.2d 373 JAMES RAY THOMAS, a Minor, by GEORGIA MAE ENGLAND, his Mother (James William Thomas, Deceased), Appellee, v. JAMES A. BONE, d/b/a Art’s Water Service, and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellants. No. 43,470Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Finding of Dependency — […]
WHIPPLE v. FEHSENFELD, 173 Kan. 427 (1952)
249 P.2d 638 IVAN WHIPPLE, ARTHUR C. BROWN, FRANK A. TAYLOR, ANDREW B. CLINE, MALLOY S. HAGEMANN, R.E. AYRAULT, WM. E. MILLER, JOSEPH H. CAUDRON, EVERETT M. WATT, A.D. WING, RAY RUSSELL, JAMES C. MANN, for and in behalf of themselves and in behalf of others similarly situated, Appellees and Cross-Appellants, v. DEL A. FEHSENFELD, […]
STATE v. McCURRY, 278 Kan. 850 (2004)
STATE v. McCURRY. No. 90,221.Supreme Court of Kansas. September 14, 2004. Reported below 32 Kan. App. 2d 806. Petition for review Granted.
IN RE ESTATE OF FORTNEY, 5 Kan. App. 2d 14 (1980)
611 P.2d 599 In the Matter of the Estate of John W. Fortney, Deceased. No. 50,571Court of Appeals of Kansas Opinion filed May 23, 1980 Petition for review denied 228 Kan. 806. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Abuse of Trial Court Discretion — Burden of Proof. One who claims abuse of […]
IN RE T.M.C., A.M.C., D.E.C., 26 Kan. App. 2d 297 (1999)
988 P.2d 241 In the Interests of T.M.C., A.M.C., and D.E.C., Minor Children. No. 82,601Court of Appeals of Kansas Opinion Filed July 16, 1999. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Statutory, Not Constitutional, Right. The right of an appeal is a statutory right, not a constitutional right. 2. SAME — Time Limitations for […]
LINDENMAN v. UMSCHEID, 255 Kan. 610 (1994)
875 P.2d 964 FLOYD E. LINDENMAN, ELAINE LINDENMAN, and WOOD HAVEN SCHOOLS, INC. Appellants/Cross-Appellees, v. SAM UMSCHEID; KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT and STANLEY C. GRANT, PhD., SECRETARY; KANSAS CITY-WYANDOTTE COUNTY DEPARTMENT OF HEALTH and DARRELL D. NEWKIRK, DIRECTOR; and WYANDOTTE COUNTY BOARD OF COUNTY COMMISSIONERS, Appellees, and THE CITY OF KANSAS CITY, KANSAS, […]
TAMPLIN v. STAR LUMBER SUPPLY CO., 16 Kan. App. 2d 352 (1991)
824 P.2d 219 ANN MARIE TAMPLIN, THOMAS TAMPLIN, and SUSAN TAMPLIN, Appellees, v. STAR LUMBER SUPPLY COMPANY, Appellant. No. 65,921Court of Appeals of Kansas Opinion filed December 31, 1991 Aff’d as modified 251 Kan. 300, 836 P.2d 1102 (1992). SYLLABUS BY THE COURT 1. TRIAL — Juror Misconduct — Juror’s Unauthorized Inspection of Scene of […]
WILSON v. PROBST, 224 Kan. 459 (1978)
581 P.2d 380 FRED WILSON, Plaintiff-Appellee, v. STEVEN A. PROBST; ACID ENGINEERS, INC.; and HOME INSURANCE COMPANY, Defendants-Appellants; MARGARET A. JOHNSON, Administratrix of the Estate of Gilbert Lee Thomson, Jr., Deceased, Defendant; and O.D. TURNER, Secretary of Transportation of the State of Kansas, Additional Party Defendant-Appellee. No. 49,348Supreme Court of Kansas Opinion filed July 15, […]
O.K. JOHNSON ELECTRIC, INC. v. HESS-MARTIN CORPORATION, 204 Kan. 478 (1970)
464 P.2d 206 O.K. JOHNSON ELECTRIC, INC., a Corporation, Appellant, v. HESS-MARTIN CORPORATION, INC., a Corporation, and THE TRAVELERS INDEMNITY CO., a Corporation, and WHITE LAKES DEVELOPMENT, INC., a Corporation, Appellees. No. 45,516Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. CONTRACTS — Building Contract — Decision by Architect — […]
IN RE N.C., 35 Kan. App. 2d xiii (2006)
In re N.C. No. 93,080.Court of Appeals of Kansas. April 14, 2006. Appeal from the Douglas. Unpublished Opinions Affirmed.
STATE v. TAYLOR, 278 Kan. 851 (2004)
STATE v. TAYLOR. No. 89,698.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
STATE v. HAZEN, 176 Kan. 594 (1954)
272 P.2d 1117 THE STATE OF KANSAS, Appellee, v. CLYDE E. HAZEN, Appellant. No. 39,411Supreme Court of Kansas Opinion filed July 6, 1954. SYLLABUS BY THE COURT CRIMINAL LAW — Driving While Drunk — Sufficiency of Evidence. In an appeal from a conviction of the offense of driving a vehicle while under the influence of […]
SCHARTZ v. D R B M REAL ESTATE PARTNERSHIP, 5 Kan. App. 2d 625 (1981)
621 P.2d 1024 WADE SCHARTZ, THON P. SCHARTZ, WILLIAM E. ESFELD and EDNA SCHARTZ, Appellees, v. D R B M REAL ESTATE PARTNERSHIP and TACO TICO, INC., A Corporation, Appellants. No. 51,339Court of Appeals of Kansas Opinion filed January 16, 1981 Petition for review denied April 29, 1981. SYLLABUS BY THE COURT 1. REAL PROPERTY […]
STATE v. CUSHINBERRY, 204 Kan. 65 (1969)
460 P.2d 626 STATE OF KANSAS, Appellee, v. MATTHEW CUSHINBERRY, Appellant. No. 45,406Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Criminal Case — Weight of Evidence — Credibility of Witness — Review. It is the function of the jury, not that of a court of […]
CITY OF HESSTON v. SMRHA, 184 Kan. 223 (1959)
336 P.2d 428 CITIES OF HESSTON and SEDGWICK, and HARVEY HENSLEY, CITIES OF BURRTON and HALSTEAD, Appellees, v. R.V. SMRHA, Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture, Topeka, Kansas, THE CITY OF WICHITA, KANSAS, and THE CITY OF NEWTON, KANSAS, Appellants. No. 41,077Supreme Court of Kansas Opinion filed March 7, 1959. […]
STATE v. CASH, 104,180 (Kan. 10-14-2011)
STATE OF KANSAS, Appellee, v. JOSHUA CASH, Appellant. No. 104,180Supreme Court of Kansas Opinion filed: October 14, 2011. SYLLABUS BY THE COURT1. Notwithstanding the overlap in the parole eligibility rules contained in K.S.A. 2008 Supp. 22-3717(b)(2) and (b)(5), an inmate sentenced to an off-grid, indeterminate hard-25 life sentence pursuant to K.S.A. 21-4643 shall not be […]
HOBBS v. STATE, 35 Kan. App. 2d xii (2006)
Hobbs v. State. No. 94,194.Court of Appeals of Kansas. March 17, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
STATE v. ROBINSON, 33 Kan. App. 2d 773 (2005)
109 P.3d 185 STATE OF KANSAS, Appellee, v. TIMOTHY ROBINSON, Appellant. No. 91,875.Court of Appeals of Kansas. Opinion filed April 1, 2005. Rev’d and remanded with directions 281 Kan. ___, ___ P.3d ___ (April 28, 2006). SYLLABUS BY THE COURT1. CRIMINAL LAW — Confession of Accused — Admissibility — Confrontation Clause of United States Constitution […]
STATE v. HUGHES, 35 Kan. App. 2d xvii (2006)
State v. Hughes. No. 92,269.Court of Appeals of Kansas. May 12, 2006. Appeal from the Shawnee. Unpublished Opinions Affirmed in part; reversed in part; remanded with directions.
STATE v. TURNER, 281 Kan. 1381 (2006)
State v. Turner. No. 92,249.Supreme Court of Kansas. May 11, 2006. Appeal from the 34 Kan. App. 2d 131. Petitions for Review of Decisions of the Court of Appeals Granted.
PETERS v. PETERS, 177 Kan. 100 (1954)
276 P.2d 302 VENITA FAE PETERS, individually and as natural guardian of JANIS KRISTINE PETERS, a minor, Appellants, v. NORMA JEAN PETERS, guardian for LAVONA LOU PETERS, JAMETTA LEE PETERS and TERRY GENE PETERS, minors; HAZEL PETERS, guardian of JAMES HOWARD PETERS, HELEN JOANNE PETERS, CLINTON LEON PETERS, ROBERT EUGENE PETERS and GERALD LEE PETERS, […]
IN RE M.R., 36 Kan. App. 2d 837 (2006)
146 P.3d 229 IN THE INTEREST OF M.R. (d.o.b. 09/03/00), AND J.R. (d.o.b. 10/10/02), MINOR CHILDREN UNDER EIGHTEEN YEARS OF AGE. No. 95,671.Court of Appeals of Kansas. Opinion filed November 9, 2006. SYLLABUS BY THE COURT1. MINORS — Change of Placement from Foster Home — Request for Hearing by Interested Parties. K.S.A. 38-1566(a) provides that […]
O’GRADY v. POTTS, 193 Kan. 644 (1964)
396 P.2d 285 A.R. O’GRADY, Appellee, v. RICHARD D. POTTS, Appellant, and KENNETH LAYTON, by and through EARL L. LAYTON, his father and next friend, Defendant. No. 43,809Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT 1. Husband and Wife — Action by One Spouse Against Another — Tortious Act Prior […]
KPERS v. REIMER KOGER ASSOCS., INC., 262 Kan. 635 (1997)
941 P.2d 1321 KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee, v. REIMER KOGER ASSOCIATES, INC., et al., Appellants. No. 76,524.Supreme Court of Kansas Opinion filed June 27, 1997. SYLLABUS BY THE COURT 1. KANSAS PUBLIC EMPLOYEE RETIREMENT SYSTEM — Benefits — Contractual Obligations of State. Under the Kansas Public Employees Retirement System (KPERS), benefits payable to […]
IN RE GARCIA, 282 Kan. 721 (2006)
147 P.3d 132 In the Matter of VINCENT J. GARCIA, Respondent. No. 96,889.Supreme Court of Kansas. Opinion filed December 8, 2006. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed December 8, 2006. Published censure. Frank D. Diehl, Deputy Disciplinary Administrator, argued the cause and […]
KENDIG v. KRETSINGER, 197 Kan. 186 (1966)
415 P.2d 250 H.L. KENDIG and ROXANNA KENDIG, Appellants, v. WILLIAM D. KRETSINGER, Appellee, PHILLIPS PETROLEUM COMPANY, Intervenor. No. 44,559Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT APPEAL AND ERROR — Moot Question. This court will not consider abstract questions which, when established, can have no effect on the rights […]
CAPITAL SERV., INC. v. DAHLINGER PONTIAC-CADILLAC, INC., 232 Kan. 419 (1983)
657 P.2d 36 CAPITAL SERVICES, INC., Appellant, v. DAHLINGER PONTIAC-CADILLAC, INC., Defendant, and KANSAS STATE BANK AND TRUST CO., Appellee. No. 53,233Supreme Court of Kansas Opinion filed January 14, 1983. SYLLABUS BY THE COURT 1. GARNISHMENT — “Filed” — Statutory Term Construed. “Filed” or “file” as these terms are used in the garnishment statute means […]
STATE v. BARR, 278 Kan. 847 (2004)
STATE v. BARR. No. 91,746.Supreme Court of Kansas. December 14, 2004. Reported below Unpublished. Petition for review denied.
IN RE MILLER, 243 Kan. 164 (1988)
754 P.2d 809 IN THE MATTER OF JACK L. MILLER, Respondent. No. 61,837Supreme Court of Kansas Opinion filed April 29, 1988. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed April 29, 1988. Disbarment. Bruce E. Miller, disciplinary administrator, appeared for petitioner. There was no appearance […]
McCREERY v. McCREERY, 210 Kan. 99 (1972)
499 P.2d 1118 BETTY J. McCREERY, Appellee, v. WAYNE McCREERY, a/k/a KERMIT W. McCREERY, and CURRAN CO. (Garnishee), Appellant. No. 46,426Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. GARNISHMENT — Garnishee’s Answer Not Defective. The answer of the defendant garnishee is examined and is not found defective for the […]
BONDS v. STATE, 277 Kan. 923 (2004)
BONDS v. STATE. No. 88,487.Supreme Court of Kansas. February 25, 2004. Reported below Unpublished. Petition for review denied.
STATE v. ANDERSON, 284 Kan. 947 (2007)
State v. Anderson. No. 95,358.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
FINCH v. PHILLIPS, 183 Kan. 219 (1958)
326 P.2d 763 SYBIL C. FINCH and SYBIL C. FINCH, as the Natural Guardian and Next Friend of JAMES LESTER FINCH, a Minor, Appellees, v. LARRY PHILLIPS and GARRETT PHILLIPS, Appellants. No. 40,988Supreme Court of Kansas Opinion filed June 7, 1958. SYLLABUS BY THE COURT 1. TRIAL — Special Findings — Motion for Judgment Non […]
IN RE ESTATE OF TIMKEN, 177 Kan. 545 (1955)
280 P.2d 561 In re Estate of Grace Timken, Deceased. (J.V. BARNES, Administrator of the Estate of Mary Louise Crotinger, Deceased, Appellant, v. H.R. TIMKEN, Administrator of the Estate of Grace Timken, Deceased; H.R. TIMKEN, LOUISE STEINERT, and DOROTHY O’CONNELL, Appellees.) No. 39,631Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT […]
CRAWFORD v. WALRATH, 173 Kan. 409 (1952)
247 P.2d 457 LARRY KENT CRAWFORD, a Minor, and ROSALIE K. CRAWFORD, a Minor, otherwise known as Rosalie Kay Crawford, by L.L. Kabler as Guardian and Next Friend of said Minors, Appellees, v. GEORGE W. WALRATH, BETH CRAWFORD MITCHELL, et al. (Defendants), BETH CRAWFORD MITCHELL only, Appellant. No. 38,679Supreme Court of Kansas Opinion filed August […]
PATTISON v. STATE FARM FIRE CASUALTY CO., 209 Kan. 167 (1972)
495 P.2d 975 E.R. PATTISON and ARLIE W. PATTISON, Appellees, v. STATE FARM FIRE CASUALTY COMPANY, a corporation, and CAPITOL FEDERAL SAVINGS LOAN ASSOCIATION, a Corporation, Appellants. No. 46,434Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. INSURANCE — Wrongful Cancellation of Policy by Mortgagee — Policy of Mortgagor — […]
MOREHEAD v. PARKS, 213 Kan. 806 (1974)
518 P.2d 544 WILSON J. MOREHEAD and AUDRA E. MOREHEAD, Appellants, v. EARL K. PARKS, Appellee. No. 47,117Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT ADVERSE POSSESSION — Open, Exclusive and Continuous Possession — Belief of Ownership. The record is examined in an action for possession of real estate, and […]
IN RE J.A., 36 Kan. App. 2d xv (2009)
In re J.A. No. 95,232.Court of Appeals of Kansas. April 13, 2009. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. BURGESS, 205 Kan. 224 (1970)
468 P.2d 229 THE STATE OF KANSAS, Appellee, v. HENRY EDWARD BURGESS, JR., Appellant. No. 45,642Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Test of Guilt. The traditional test for determining whether a person accused of crime is guilty or not, is whether his guilt has […]
MILLER v. BARTLE, 283 Kan. 108 (2007)
DEBRA L. MILLER, In Her Capacity as the Secretary of Transportation for the State of Kansas, Appellee, v. AMY L. BARTLE and JAMES A. D. BARTLE, Appellants. No. 95,418.Supreme Court of Kansas. February 2, 2007. SYLLABUS BY THE COURT1. EMINENT DOMAIN — Statutory Interpretation — Appellate Review. The interpretation of a statute is a question […]
GRONNIGER v. BOARD OF DONIPHAN COUNTY COMM’RS, 6 Kan. App. 2d 642 (1981)
631 P.2d 1252 ANNA B. GRONNIGER, WAUNITA W. MOSKAU, and CITY NATIONAL BANK OF ATCHISON, KANSAS, as Trustee of the Lawrence C. Gronniger Estate Trusts Nos. 1 through 8, inclusive, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DONIPHAN, STATE OF KANSAS, and DONALD D. MANVILLE and LORENE F. MANVILLE, Appellees. No. […]
STATE v. MOORE, 242 Kan. 1 (1987)
748 P.2d 833 STATE OF KANSAS, Appellee, v. GARY MOORE, Appellant. No. 59,476[1] Supreme Court of Kansas Opinion filed July 17, 1987. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion the Supreme Court granted a motion to publish by an order dated September 8, 1987, pursuant to Rule 7.04. SYLLABUS BY THE COURT 1. […]
STATE v. WRIGHT, 4 Kan. App. 2d 196 (1979)
603 P.2d 1034 STATE OF KANSAS, Appellee, v. KEITH M. WRIGHT, Appellant. No. 51,143Court of Appeals of Kansas Opinion filed December 14, 1979 Petition for review denied January 29, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Warrantless Arrest — Waiver of Objection. Objections based on lack of probable cause for a warrantless arrest […]
STATE v. WILLIAMS, 276 Kan. 974 (2003)
STATE v. WILLIAMS. No. 87,724.Supreme Court of Kansas. June 26, 2003. Reported below Unpublished. Petition for review denied.
STATE v. BRANTON, 92,629 (Kan.App. 10-28-2005)
121 P.3d 1003 STATE v. BRANTON. No. 92,629.Court of Appeals of Kansas. October 28, 2005. Appeal from Reno. Decision without published opinion. Affirmed.
STATE v. PRIEST, 239 Kan. 681 (1986)
722 P.2d 576 STATE OF KANSAS, Appellant, v. CAROL A. PRIEST, Appellee. No. 58,945Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Habitual Offender — When Prior Conviction Cannot Be Used to Enhance Punishment. Where the record of a defendant’s conviction on its face raises a presumption […]
BROWN v. STATE, 278 Kan. 481 (2004)
101 P.3d 1201 CHARLES D. BROWN, Appellant, v. STATE OF KANSAS, Appellee. No. 91,275.Supreme Court of Kansas. Opinion filed December 3, 2004. SYLLABUS BY THE COURTHABEAS CORPUS — Appointment of Counsel in 60-1507 Action — Failure of Counsel to Notify Movant of Denial of Motion or of Right to Appeal — Denial of Right to […]
WALTON v. UNIFIED SCHOOL DISTRICT, 203 Kan. 415 (1969)
454 P.2d 469 MARY D. WALTON and THEODORE P. WALTON, JR., Appellants, v. UNIFIED SCHOOL DISTRICT No. 383, Appellee. No. 45,335Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. ADVERSE POSSESSION — Claiming Adversely — Question of Fact. When there is dispute or doubt as to whether the occupant of […]
SHOWALTER v. STATE, 36 Kan. App. 2d xviii (2006)
Showalter v. State. No. 94,883.Court of Appeals of Kansas. October 20, 2006. Appeal from the Finney. Unpublished Opinions Affirmed.
STATE v. LUMBRERA, 257 Kan. 144 (1995)
891 P.2d 1096 STATE OF KANSAS, Appellee, v. DIANA LUMBRERA, Appellant. No. 70,576Supreme Court of Kansas Opinion filed March 10, 1995. SYLLABUS BY THE COURT 1. EVIDENCE — Rebuttal Evidence — Trial Court Discretion. Rebuttal evidence is that which contradicts evidence introduced by an opposing party. It may tend to corroborate evidence of a party […]
IN RE HECK, 270 Kan. 159 (2000)
13 P.3d 871 In the Matter of RONALD D. HECK, Respondent. Bar Docket No. 07088Supreme Court of Kansas Opinion filed: November 16, 2000. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated November 14, 2000, to the Clerk of the Appellate Courts, respondent Ronald D. Heck, of Topeka, an […]
ANDERSON v. SCIFERS, 212 Kan. 824 (1973)
512 P.2d 364 PAUL R. ANDERSON and MILDRED R. ANDERSON, husband and wife, and STANDARD PLUMBING INCORPORATED, a Kansas Corporation, Appellees, v. J.M. SCIFERS and SHIRLEY SCIFERS, husband and wife, and LAURENCE W. BLAKER, Appellants. No. 47,068Supreme Court of Kansas Opinion filed July 14, 1973. MEMORANDUM OPINION PARTY WALLS — Duty to Maintain — Liability. […]
STATE v. GREEVER, 284 Kan. 948 (2007)
State v. Greever. No. 95,303.Supreme Court of Kansas. May 9, 2007. Appeal from the 37 Kan. App. 2d 145. Pettions For Review of Decisions of The Court of Appeals Granted
HARVEY v. HARVEY, 215 Kan. 472 (1974)
524 P.2d 1187 VERL HARVEY, Appellant, v. BOB HARVEY, ROBERT J. HARVEY, DORENE J. HUNKER, BETTY LOU JONES, HENRY E. PEAVLER, JOHN W. PEAVLER, DANIEL L. PEAVLER, DEBRA K. PEAVLER, JUANITA DODSON, LAURA L. COLLINS, WILLIAM M. DODSON, JOHN HARVEY, DONALD L. HARVEY, LANNY R. HARVEY, PHYLLIS C. BROWN, BARBARA BARGES, Defendants, and CHERI L. […]
STATE v. WAKEFIELD, 267 Kan. 116 (1999)
977 P.2d 941 STATE OF KANSAS, Appellee, v. JASON M. WAKEFIELD, Appellant. No. 80,320Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of review is whether, after review of all the […]
IN RE A.H., 91,913 (Kan.App. 10-8-2004)
98 P.3d 672 IN RE A.H. No. 91,913.Court of Appeals of Kansas October 8, 2004. Appeal from the Johnson. Decision without published opinion. Affirmed.
STATE v. HEADGEPATH, 284 Kan. 948 (2007)
State v. Headgepath. No. 94,341.Supreme Court of Kansas. May 8, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STINGLEY v. ALLISON, 200 Kan. 295 (1968)
436 P.2d 387 HAROLD STINGLEY, Appellee, v. GEORGE ALLISON, Appellant. No. 44,892Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. MASTER AND SERVANT — Injury to House-Mover’s Employee — Utility Lines — No Statutory Notice Required. Defendant was a house-mover. He contracted with S. B., contractors, to move a house. […]
STATE v. IRBY, 284 Kan. 949 (2007)
State v. Irby. No. 95,349.Supreme Court of Kansas. June 25, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. GARRISON, 252 Kan. 929 (1993)
850 P.2d 244 STATE OF KANSAS, Appellant, v. SUSAN K. GARRISON, Appellee. STATE OF KANSAS, Appellant, v. DOUG HAPES, Appellee. STATE OF KANSAS, Appellant, v. JAMES HILL, Appellee. STATE OF KANSAS, Appellant, v. DEANNE GRAHAM, Appellee. Nos. 67,789, 67,807, 67,823, 67,824Supreme Court of Kansas Opinion filed April 16, 1993. SYLLABUS BY THE COURT 1. INDICTMENT […]
STINNETT v. HARPER, 175 Kan. 61 (1953)
259 P.2d 190 ALVA STINNETT, A Minor and Infant, by CLARA STINNETT, his Parent and Next Friend, Plaintiff-Appellee, v. KENNETH HARPER, Defendant-Appellant. No. 38,997Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT PLEADING — Petition — Motions — Sufficiency. In an action for damages alleged to have been sustained in a […]