Category: Kansas Court Opinions

928 P.2d 79 STATE OF KANSAS, Appellant, v. RUSSELL D. BASTON, Appellee. No. 75,203Supreme Court of Kansas Opinion filed December 6, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. In reviewing a trial court decision regarding the suppression of evidence, an appellate court reviews the factual underpinnings of […]

48 P.3d 686 STATE OF KANSAS, Appellee, v. MICHAEL STEVEN BRIGGS Appellant. No. 87,240Court of Appeals of Kansas Opinion filed: June 28, 2002. Petition for review denied 274 Kan. 1114 (2002). SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Escape from Custody — Escape While Awaiting Imprisonment after Revocation of Probation. A defendant whose probation […]

24 P.3d 140 LARRY W. HALLEY, Appellant, v. KEVIN BARNABE, BILL E. CREACH, SHARLA CREACH, and INFOTECH, INC., Appellees. INFOTECH OF KANSAS CITY, LLC, and LARRY W. HALLEY, Appellants, v. INFOTECH, INC., BILL CREACH, BILL E. CREACH, SHARLA CREACH, and KEVIN BARNABE, Appellees. INFOTECH OF KANSAS CITY, LLC, and BILL CREACH, Appellants, v. LARRY HALLEY […]

348 P.2d 588 DONALD G. KITCHEN, Appellant, v. LASLEY COMPANY, INC., a Corporation, Appellee. No. 41,573Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT TRIAL — Overruling Motion for New Trial — Verdict and Findings Not Inconsistent — Rulings. The record in an action to recover damages for personal injuries examined […]

508 P.2d 504 STATE OF KANSAS, Appellee, v. LUTHER BIBBS, Appellant. No. 46,811Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant Incompetent to Stand Trial — Place of Commitment. The place of commitment for treatment of one found incompetent to stand trial may be any state, […]

31 P.3d 317 STATE OF KANSAS, Appellee, v. WILLIAM PETERSON, Appellant. No. 86,017Court of Appeals of Kansas Opinion filed: September 14, 2001. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute presents a question of law providing unlimited review by an appellate court. 2. SAME — Construction — Unambiguous […]

118 P.3d 177 STATE v. MEEKS. No. 90,782.Court of Appeals of Kansas. August 26, 2005. Appeal from Reno. Decision without published opinion. Affirmed.

570 P.2d 1374 MARINUS MEYER, Appellant and Cross-Appellee, v. DIESEL EQUIPMENT COMPANY, INC., Appellee and Cross-Appellant. No. 48,887Court of Appeals of Kansas Opinion filed August 12, 1977 SYLLABUS BY THE COURT 1. CONTRACTS — Modification — Requires Mutual Assent or Meeting of the Minds. Modification of a contract, like the creation of an original contract, […]

352 P.2d 954 THE STATE OF KANSAS, Appellee, v. JOHN A. McARTHUR, Appellant. No. 41,748Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT CRIMINAL LAW — Escape Without Breaking — No Substantial Rights Prejudiced. The record examined in an appeal from the judgment in a conviction for the crime of escape […]

749 P.2d 505 CITY OF ARKANSAS CITY, KANSAS, et al., Appellees, v. A. SCOTT ANDERSON and E. SYLVIA ANDERSON, et al., Appellants. No. 59,596Court of Appeals of Kansas Opinion filed January 29, 1988 Petition for review denied April 1, 1988. SYLLABUS BY THE COURT 1. JUDGMENTS — Satisfaction of Judgment — Sale of Nonexempt Property […]

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. […]

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 […]

951 P.2d 967 KARLA ALBERTY, Appellee, v. EXCEL CORPORATION and CRAWFORD COMPANY, Appellants. No. 77,948Court of Appeals of Kansas Opinion filed January 9, 1998 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Law in Effect at Time of Injury Governs Rights and Obligations of Parties. In workers compensation cases, the law in effect at the […]

802 P.2d 558 STATE OF KANSAS, Appellee, v. JAMES F. FRITSCHEN, Appellant. No. 64,225Supreme Court of Kansas Opinion filed December 7, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Custodial Interrogation — Miranda Warnings. Prior to any custodial interrogation, a defendant must be warned of his or her constitutional rights. The determination of whether […]

646 P.2d 1048 ESTATE OF CLIFFORD E. BINGHAM, DECEASED, ALTA L. BINGHAM and WILLIAM H. BINGHAM, JR., Plaintiffs-Appellees, v. NATIONWIDE LIFE INSURANCE COMPANY OF COLUMBUS, OHIO, Defendant-Appellant. No. 52,480Supreme Court of Kansas Opinion filed June 11, 1982. MEMORANDUM OPINION INSURANCE — Group Life Insurance Policy — “Regularly Employed” Insured Construed — Attorney Fees on Appeal. […]

558 P.2d 101 AUTOMATIC FEEDER COMPANY, Appellee, v. RUSSELL J. TOBEY, Appellant. UNIPUNCH PRODUCTS, INC., Appellee, v. RUSSELL J. TOBEY, Appellant. Nos. 48,083, 48,084Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. JUDGMENTS — Default Judgments — Rules for Relief Stated. Rules applicable to obtaining relief from a default judgment […]

381 P.2d 533 STATE OF KANSAS, Appellee, v. GERALD LEE WOODS, Appellant. No. 43,401Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT CIVIL RIGHTS — Race Discrimination — Selecting Jury. The claim of the appellant that Negroes had been excluded from the present jury was not established where one Negro had […]

933 P.2d 793 C.M. SHOWROOM, INC., d/b/a THE HOME CENTER, Appellant, v. LLOYD BOES; ANN BOES; and JON KENT SCOTT, d/b/a TRADER’S PAWN SHOP ARMORY, Appellees. No. 75,658Court of Appeals of Kansas Opinion filed March 7, 1997. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Stipulated Facts — Findings of Fact by Court — […]

242 P.3d 1211 THE ESTATE OF LUKE A. NILGES, JO ANN NILGES, and WAYNE NILGES, Appellants, v. SHAWNEE GUN SHOP, INC., d/b/a THE BULLET HOLE, Appellee. No. 103,175.Court of Appeals of Kansas. Opinion filed: November 5, 2010. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Voluntary Dismissal of Action — Granting of Dismissal Motion within Trial […]

34 P.3d 478 PHILLIP H. O’MALLEY, Appellant/cross-appellee, v. RONALD L. FRAZIER and KATHRYN A. FRAZIER, Appellees/cross-appellants. No. 86,620Court of Appeals of Kansas Opinion filed: November 16, 2001. SYLLABUS BY THE COURT CONTRACTS — Promissory Note — Part Payment of Principal on Time-barred Note Revives Entire Note. Under the plain language of K.S.A. 60-520(a), the part […]

32 P.3d 188 STATE OF KANSAS, Appellee, v. RAY F. GARCIA, JR., Appellant. No. 79,948Supreme Court of Kansas Opinion filed: September 28, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiplicity — Double Jeopardy. Multiplicity is the charging of a single offense in several counts of a complaint or information. The primary concern with […]

721 P.2d 261 STEPHEN P. MADDEN and MARYANN M. MADDEN, Appellants, v. THE GOVERNING BODY OF THE CITY OF LENEXA, KANSAS, Appellee. No. 58,368Supreme Court of Kansas Opinion filed June 13, 1986. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Special Assessments — Statutory Authority. The power of a municipality to create special benefit […]

910 P.2d 872 THE HARTFORD Appellant, v. DONALD F. TANNER, Appellee. No. 72,511Court of Appeals of Kansas Opinion filed February 9, 1996 Petition for review denied 259 Kan. 927 (1996). SYLLABUS BY THE COURT 1. CONTRACTS — Surety. A surety is one who binds himself or herself for the payment of a sum of money, […]

874 P.2d 651 STATE OF KANSAS, Appellee, v. KENNETH WADDELL, Appellant. No. 69,599Supreme Court of Kansas Opinion filed May 27, 1994. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Murder and Aggravated Sexual Battery — Trial Court Ruling on Sufficiency of Evidence and Instruction to Jury on Burden of Proof — Appellate Review. In a […]

317 P.2d 817 RICHARD NEWELL, d/b/a EL DORADO DAIRY, Appellee, v. CHAUFFEURS, TEAMSTERS HELPERS LOCAL UNION 795; S.E. SMITH and the agents, servants, employees and attorneys of any of said defendants, Appellants. No. 40,486Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT 1. LABOR RELATIONS — Unfair Labor Practice — Jurisdiction […]

49 P.3d 432 PLAINS PETROLEUM COMPANY and PLAINS PETROLEUM OPERATING COMPANY, Plaintiffs, v. FIRST NATIONAL BANK of LAMAR, et al., Defendants. AMOCO PRODUCTION COMPANY, Plaintiff/Appellant/ Cross-appellee, v. VINCENT YOUNGREN, JR., et al., Defendants/Appellees/Cross-appellants. OXY USA INC., Plaintiff/Appellant/Cross-appellees, v. OPAL LITTELL, et al., Defendants/Appellees/Cross-appellants. GILBERT H. COULTER, et al., Counterclaim Defendant/Appellee, v. ANADARKO PETROLEUM CORPORATION, Counterclaim […]

532 P.2d 1070 RONALD D. CHURCHILL, Appellant, v. STATE OF KANSAS, Appellee. No. 47,518Supreme Court of Kansas Opinion filed March 1, 1975. MEMORANDUM OPINION Appeal from Sedgwick district court, division No. 2; HOWARD C. KLINE, judge. Opinion filed March 1, 1975. Affirmed. Daniel R. Glickman, of Sargent, Klenda, Paup and Glickman, of Wichita, argued the […]

15 P.3d 853 KATHRYN WILSON, Appellant, v. MERCY HEALTH CENTER, and KANSAS HOSPITAL ASSOCIATION, Appellees. No. 85,318Court of Appeals of Kansas Opinion filed December 22, 2000. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Injury Arising Out of or in Course of Employment — Appellate Review. Whether an injury arose out of and in the […]

124 P.3d 1083 MONTER v. MONTER. No. 93,660.Court of Appeals of Kansas. December 23, 2005. Appeal from Johnson. Decision without published opinion. Affirmed.

600 P.2d 1161 GEARY N. GORUP, Appellant, v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee. No. 50,502Court of Appeals of Kansas Opinion filed October 5, 1979 SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction is that the intent and purpose of the legislature governs when that intent […]

112 P.3d 256 STATE v. MARTIN. No. 93,025.Supreme Court of Kansas. June 3, 2005. Appeal from Sedgwick. Decision Without Published Opinion. Affirmed.

33 P.3d 609 BENJAMIN W. STARK, et al., Appellants, v. MERCANTILE BANK, N.A., successor in interest to THE JOHNSON COUNTY NATIONAL BANK AND TRUST COMPANY, and NATIONSBANK, N.A. successor in interest to BOATMEN’S BANK, N.A. Appellees. No. 83,269[1] Court of Appeals of Kansas Opinion filed: August 4, 2000. [1] REPORTER’S NOTE: Previously filed as an […]

220 P.2d 199 RADIO STATION KFH COMPANY, Appellant, v. MUSICIANS ASSOCIATION, LOCAL No. 297, AMERICAN FEDERATION OF MUSICIANS, et al., Appellees. No. 37,942Supreme Court of Kansas Opinion filed July 8, 1950. SYLLABUS BY THE COURT 1. LABOR UNIONS — Constitution and Bylaws — Effect on Membership — Decisions by Association — Conclusiveness. The constitution, bylaws, […]

659 P.2d 833 WILLIAM L. WELLS, Appellant, v. THOMAS D. ANDERSON, Appellee. No. 54,593Court of Appeals of Kansas Opinion filed March 10, 1983 Petition for review denied 233 Kan. 1093 (1983). SYLLABUS BY THE COURT TORTS — Personal Injury Action Brought against Co-employee — Defense of Exclusive Remedy Provisions of Workmen’s Compensation Act — Immunity […]

372 P.2d 268 ALWINA GOERTZ, Appellant, v. ARTHUR GOERTZ, Appellee. No. 42,813Supreme Court of Kansas Opinion filed June 9, 1962. SYLLABUS BY THE COURT 1. JUDGMENTS — Vacating During Term — Procedure. During the same term in which a judgment or order is issued, the same may be vacated or changed by the court as […]

740 P.2d 1058 ROGER L. FARLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF LANA S. FARLEY, Appellant, v. SUSAN ENGELKEN, M.D., and COMMUNITY HOSPITAL DISTRICT No. 1, Appellees. HEATHER DITTO, a minor, and DANIELLE DITTO, a minor, by and through Douglas and Cheryl Ditto, individually and as natural guardians and next friends of Heather […]

322 P.2d 781 ROY Z. JOHNSON, EDNA JOHNSON and HELEN M. BACON, Appellees, v. COLORADO INTERSTATE GAS COMPANY, Appellant. No. 40,689Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT 1. NEW TRIAL — Misconduct of Juror — False Answers on Voir Dire. As is more fully set out in the opinion, […]

59 P.3d 1061Court of Appeals of Kansas December 13, 2002 Title Docket Appeal Date of Decision Number From Decision R.W., In re 86840 Wyandotte 12/13/2002 Affirmed State v. Simpson 87161 Sedgwick 12/13/2002 Affirmed in part, vacated in part, and remanded for resentencing State v. Ferris 87244 Sedgwick 12/13/2002 Affirmed Card v. Wal-Mart 87439 Neosho 12/13/2002 […]

62 P.3d 247 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LINCOLN, KANSAS, Appellee, v. WRAY NIELANDER and JACK JACKSON, Appellants. No. 88,844.Supreme Court of Kansas Opinion filed January 31, 2003. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law in which appellate review […]

177 P.3d 419 STATE OF KANSAS, Appellee, v. DARRELL D. JACKSON, Appellant. No. 94,578.Court of Appeals of Kansas. Opinion filed February 29, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Cross-examination — Unreasonable Restriction Violates Confrontation Clause of Constitution. An unreasonable limitation on the defendant’s cross-examination of adverse witnesses violates the Confrontation Clause of the […]

446 P.2d 834 PAUL HERRMAN, Plaintiff, Appellee, v. HARVEY FOLKERTS, Defendant, and NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Garnishee Defendant, Appellant. No. 45,153Supreme Court of Kansas Opinion filed November 9, 1968. SYLLABUS BY THE COURT 1. INSURANCE — Liability Policy — Exclusionary Clause, “Care, Custody or Control” — No Liability. An insured under a […]

78 P.3d 480 ROBERT ZUKEL and DARLENE ZUKEL, Appellants, v. GREAT WEST MANAGERS, LLC, Defendant, and JERRY AVERY, Appellee. No. 90,310.Court of Appeals of Kansas. Opinion filed October 24, 2003. SYLLABUS BY THE COURT1. CONTRACTS — Written Contract — Construction — Appellate Review. On appeal, a written instrument or contract may be construed and its […]

680 P.2d 910 STATE OF KANSAS, Appellee, v. BRIAN M. HELGESON, Appellant. No. 55,869Supreme Court of Kansas Opinion filed April 27, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Prior DUI Conviction Is not Element of Second Offender Charge. A prior driving under the influence conviction is not a statutory […]

69 P.3d 537 In the Matter of KIEHL RATHBUN, Respondent. No. 89,995.Supreme Court of Kansas Opinion filed May 30, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Three Years’ Supervised Probation. Original proceeding in discipline. Opinion filed May 30, 2003. Three-year supervised probation. Frank D. Diehl, deputy disciplinary administrator, argued the cause and was on […]

387 P.2d 149 KENNETH L. KOHLER and EVA M. KOHLER, Appellees, v. THE KANSAS POWER and LIGHT COMPANY, a Corporation, Appellant. No. 43,330Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT DAMAGES — Awarding Punitive Damages — Sufficiency of Evidence. The record in an action to recover actual and punitive damages […]

582 P.2d 1123 THE SOUTHEAST KANSAS LANDOWNERS ASSOCIATION, et al., Appellants, v. THE KANSAS TURNPIKE AUTHORITY, Appellee. No. 48,726Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT HIGHWAYS — Revenue Bonds — Injunction. In an action by landowners to enjoin the Kansas Turnpike Authority from issuing highway revenue bonds and from […]

127 P.3d 985 In the Matter of PAUL D. LEADER, Respondent. Bar Docket No. 14253.Supreme Court of Kansas. February 9, 2006. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated February 2, 2006, to the Clerk of the Appellate Courts, respondent Paul D. Leader, of Wichita, Kansas, an attorney admitted […]

747 P.2d 152 R.B. ENTERPRISES, INC., Appellant, v. STATE OF KANSAS, Appellee. No. 60,287Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. STATUTES — Presumption of Validity — Validity of Statute Which Discriminates against Interstate Commerce. A statute is presumed valid. If a statute discriminates against interstate commerce on its […]

325 P.2d 326 WALDON L. NORRIS, CLAUDE V. NORRIS and EVERETT L. NORRIS, Partners, doing business as Norris Bros., Appellees, v. OTTO W. NITSCH and GLADYS NITSCH, Appellants, ROBERT L. NITSCH and MABEL L. NITSCH, Appellees, RAY A. CLARK, Appellee and Cross-Appellant, and LOGAN-MOORE LUMBER COMPANY, a Corporation, Appellant. No. 40,912Supreme Court of Kansas Opinion […]

691 P.2d 37 IN THE MATTER OF THE RESIDENCY APPLICATION OF SCOTT ARDEN BYBEE. No. 56,479Supreme Court of Kansas Opinion filed December 4, 1984. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Administrative Order — Appellate Review — Restrictions Placed on Reviewing Court. On appeal, a district court may not substitute its judgment for […]

454 P.2d 506 FRANCES MARIE CHAPMAN, Appellant, v. ELLEN PARKER, Appellee. No. 45,339Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. AUTOMOBILES — Guest Statute — Gross and Wanton Negligence — Necessity Person Being Transported. The liability of an owner or operator of a motor vehicle to another for negligent […]

196 P.3d 1149 In the Matter of KENT O. DOCKING, Respondent. No. 100,519.Supreme Court of Kansas. Opinion Filed December 5, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed December 5, 2008. One-year suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]

438 P.2d 102 TOM COOPER, Appellee, v. CITY OF GREAT BEND, Appellant, (Wilford Marquis, Wilbur Bryant and A.A. McNeive, Board of County Commissioners, Barton County, Kansas, Defendants). No. 44,951Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT DEDICATION — Public Park — No Right to Construct Parking Lot on Dedicated Property. […]

282 P.2d 440 In the Matter of the Application of ALBERT C. THOMPSON, For a Writ of Habeas Corpus for PATRICIA ANN THOMPSON, His Minor Daughter, Appellee, v. JEANETTE K. (THOMPSON) BREEDING and DAVID L. BREEDING, Appellants. No. 39,776Supreme Court of Kansas Opinion filed April 19, 1955. SYLLABUS BY THE COURT HABEAS CORPUS — Custody […]

449 P.2d 587 CHESTER H. HILDEBRAND, Appellee, v. KURT M. MUELLER, Appellant. No. 45,226Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Witness — Qualifications — Admissibility of Testimony — Judicial Discretion. The qualifications of an expert witness and the admissibility of his testimony are matters within […]

803 P.2d 593 D.M. WARD CONSTRUCTION COMPANY, INC., et al., Appellant, v. ELECTRIC CORPORATION OF KANSAS CITY, Appellee. No. 64,824Court of Appeals of Kansas Opinion filed December 28, 1990 Petition for review denied 248 Kan. 994 (1991). SYLLABUS BY THE COURT 1. ARBITRATION — Binding Agreement to Arbitrate Disputes — Trial Judge Required to Stay […]

530 P.2d 1235 ASBERRY WALKER, Appellant, v. STATE OF KANSAS, Appellee. No. 47,021Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Post-Conviction Relief — When Remedy May Not Be Invoked. Matters which may properly be raised by a 60-1507 motion are not unlimited and a proceeding pursuant […]

453 P.2d 100 RUBY A. BOTT, individually and as administratrix of the Estate of Henry W. Bott, deceased, Appellants, v. ARTHUR WENDLER and MRS. ARTHUR WENDLER, Appellees. No. 45,388Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. TRIAL — Special Findings — Construction. Special findings of a jury in returning […]

124 P.3d 57 LATASHA GRIFFIN, A MINOR, BY AND THROUGH EARTHA GREEN, AND THE FIRST NATIONAL BANK AND TRUST COMPANY OF JUNCTION CITY, KANSAS, et al., Appellees, v. SUZUKI MOTOR CORPORATION, Appellant. No. 89,466.Supreme Court of Kansas. Opinion filed December 9, 2005. SYLLABUS BY THE COURT1. PRODUCTS LIABILITY — Inadmissible Evidence — No Judicial Discretion […]

991 P.2d 408 STATE OF KANSAS, Appellee, v. RAMON ANTHONY JUILIANO, Appellant. No. 80,742Supreme Court of Kansas Opinion filed November 5, 1999. SYLLABUS BY THE COURT 1. TRIAL — Jury Request for Read-back of Testimony — Trial Court Discretion. The means by which a trial court complies with a jury’s request to have testimony read […]

271 P.2d 251 ALVIN B. SMITH, Appellee, v. MRS. J.S. DeHAY, Appellant, and ORA MAE SMITH, Appellee. No. 39,322Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT 1. JUDGMENTS — Presumption of Validity. A presumption of validity attaches to a judgment of a district court, and such presumption obtains and continues […]

535 P.2d 991 STATE OF KANSAS, Appellee, v. TONY R. JAMES, Appellant. No. 47,617Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT CRIMINAL LAW — Evidence of Similar Offenses — Instructions — Jury Not Guilty of Misconduct. In a prosecution for aggravated burglary (K.S.A. 21-3716), aggravated sodomy (K.S.A. 21-3506), and rape […]

597 P.2d 1125 LAVILLE HANNON, Appellant, v. RAYMOND MAYNARD, et al., Appellees. No. 49,981Court of Appeals of Kansas Opinion filed July 20, 1979 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Moot Questions. Appellate courts do not decide moot questions or render advisory opinions. 2. HABEAS CORPUS — “Physical Presence” of Petitioner Requirement — […]

510 P.2d 145 DR. JOHN E. FIESER, Appellant, v. ST. FRANCIS HOSPITAL AND NURSING, INC., THE WICHITA CLINIC, and DR. JOHN F. LANCE, Appellees. No. 46,714Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. NEGLIGENCE — Liability for Another’s Injury — Liability Resulting from Efforts of Third Persons. If a […]

35 P.3d 925 LARRY HEMBREE, Appellant, v. WAL-MART OF KANSAS, d/b/a WAL-MART STORES, INC., Appellee. No. 86,373[1] Court of Appeals of Kansas Opinion filed: September 28, 2001. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated October 30, 2001, pursuant to Rule 7.04 […]

833 P.2d 988 STATE OF KANSAS, Appellee, v. JEROME BEECHUM, Appellant. No. 66,562Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal from Imposition of Minimum Sentence following Plea of Guilty or Nolo Contender — Appellate Review. Absent allegations of partiality, prejudice, or corrupt motive, an appellate […]

824 P.2d 983 STATE OF KANSAS, Appellee, v. NANCY BRATT and DENNIS BRATT, Appellants. No. 66,656Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Confrontation Clause — Effect on Admissibility of Hearsay Statements in Criminal Trial. The Confrontation Clause operates in two ways when determining the admissibility […]

861 P.2d 1345 PHYLLIS J. SIMMONS, Appellant, v. VLIETS FARMERS COOPERATIVE ASSOCIATION, BERNARD VANDORN, TERRY BROXTERMAN, LARRY DONAHUE, and JIM CAFFREY, Appellees. No. 68,278[1] Court of Appeals of Kansas Opinion filed January 29, 1993 Petition for review denied 253 Kan. 861 (1993). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted […]

55 P.3d 914 TRAVIS QUEEN, Appellant, v. LYNCH JEWELERS, LLC, and JAMES LYNCH, Appellees. No. 87,151Court of Appeals of Kansas Opinion filed: September 13, 2002. Petition for review denied 275 Kan. 965 (2002). SYLLABUS BY THE COURT 1. CONSUMER CREDIT — Truth in Lending Act — Disclosure Requirements Prior to Credit Transaction. A creditor complies […]

799 P.2d 1022 PATRICIA CROCKETT, Individually and as the Administratrix of the Estate of CLEMMIE BROWN, Deceased, Appellant, v. MEDICALODGES, INC., a Kansas Corporation, and NORMAN G. MARVIN, M.D., Appellees. No. 64,442Supreme Court of Kansas Opinion filed October 26, 1990. SYLLABUS BY THE COURT 1. JUDGMENTS — Multiple Parties or Claims — Judgment on Less […]

541 P.2d 694 STATE OF KANSAS, Appellee, v. REGINALD L. DUDLEY, Appellant. No. 47,465Supreme Court of Kansas Opinion filed December 7, 1974. Appeal from Atchison district court, division No. 2; J.W. LOWRY, judge. Opinion filed December 7, 1974. Maurice P. O’Keefe, Jr., of O’Keefe, Ball, O’Keefe and Lacey, of Atchison, argued the cause and was […]

564 P.2d 563 THOMAS R. OGLEVIE, Administrator of the Estate of Wilson Eugene Luther, Deceased, Appellant, v. MERLE STASSER, Appellee; FARMERS NATIONAL COMPANY, Omaha, Nebraska, Appellee; ROLAND S. BARCUME, and THE FIRST CHURCH OF CHRIST, SCIENTIST, Boston, Massachusetts, Appellants. No. 48,198Court of Appeals of Kansas Opinion filed May 20, 1977 SYLLABUS BY THE COURT EXECUTORS […]

257 P.3d 328 WILL A. WIMBLEY, Appellant, v. STATE OF KANSAS, Appellee. No. 101,595.Supreme Court of Kansas. Opinion Filed August 12, 2011. SYLLABUS BY THE COURT1. HABEAS CORPUS — KS. A. 60-1507 Proceeding — Court Not Requiredto Entertain Defendant’s Second or Successive K S.A. 60-1507 Motion Absent Showing of Exceptional Circumstances — “Exceptional Circumstances” Discussed. […]

280 P.2d 605 EVELYN KNOCHE, Appellee, v. MEYER SANITARY MILK COMPANY, a Corporation, Appellant. No. 39,548Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT AUTOMOBILES — Collision — Answers to Special Questions Reconciled to Verdict — Instructions — Verdict Not Excessive — New Trial Denied. The record examined in an action […]

129 P.3d 586 LILIA RODRIGUEZ-TOCKER, M.D., Appellee, v. THE ESTATE OF ALFRED M. TOCKER, M.D., THE ALFRED M. TOCKER, M.D., LIVING TRUST, AND DARRYL S. TOCKER, SUCCESSOR TRUSTEE OF THE ALFRED M. TOCKER, M.D., LIVING TRUST AND EXECUTOR OF THE ESTATE OF ALFRED M. TOCKER, M.D., Appellants. IN THE MATTER OF THE ESTATE OF ALFRED […]

961 P.2d 716 IN THE INTEREST OF H.A.M., J.F.D., AND W.D.M., Minor Children Under the Age of Eighteen Years. No. 79,562Court of Appeals of Kansas Opinion filed July 10, 1998 SYLLABUS BY THE COURT 1. INDIANS — Indian Child Welfare Act — Termination of Parental Rights. The provisions of the Indian Child Welfare Act, 25 […]

253 P.3d 781 MARGARET L. SIGG, Appellant, v. DANIEL COLTRANE and TANYA COLTRANE, Appellees. No. 103,994.Court of Appeals of Kansas. Opinion filed December 10, 2010. SYLLABUS BY THE COURTSTATUTE OF FRAUDS — Real Estate Contract — Enforceable Contract for Sale Must Be in Writing. The statute of frauds requires that an enforceable contract for the […]

809 P.2d 546 JOHN R. KENNON, Appellant, v. STATE OF KANSAS, Appellee. No. 64,373Supreme Court of Kansas Opinion filed April 12, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Extradition — Mandatory and Discretionary Extradition Statutes Compared. In an extradition proceeding, the crucial distinction between K.S.A. 22-2702 and K.S.A. 22-2706, assuming procedural regularities, is […]

844 P.2d 768 NEW DIMENSIONS PRODUCTS, INC., Appellee, v. FLAMBEAU CORPORATION, Appellant. No. 68,022Court of Appeals of Kansas Opinion filed January 15, 1993 SYLLABUS BY THE COURT 1. DAMAGES — Equitable Standards Applicable in Assessing Damages. The purpose of awarding damages is to make an injured party whole and, in order to do so, the […]

98 P.3d 672 STATE v. LARGENT. No. 91,435.Court of Appeals of Kansas October 8, 2004. Appeal from the Ford. Decision without published opinion. Sentence vacated and remanded for resentencing.

857 P.2d 1386 BOARD OF COUNTY COMMISSIONERS, COUNTY APPRAISER, COUNTY TREASURER, and COUNTY CLERK OF JOHNSON COUNTY, KANSAS, Appellants, v. THOMAS H. SMITH, et al., Appellees. No. 68,683Court of Appeals of Kansas Opinion filed August 13, 1993 SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent — Duty of Court to Interpret Statute. […]

644 P.2d 1006 NATIONAL EDUCATION ASSOCIATION-TOPEKA, a Kansas corporation, Appellee, v. UNIFIED SCHOOL DISTRICT No. 501, Shawnee County, Kansas, Appellant. No. 52,953Court of Appeals of Kansas Opinion filed May 12, 1982 SYLLABUS BY THE COURT SCHOOLS — Teacher Contracts — Arbitration — Misapplication of Uniform Arbitration Act. In an action commenced by plaintiff National Education […]

233 P.2d 489 FLORENCE HARMON, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellant. No. 38,305Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT NEGLIGENCE — No Evidence of Actionable Negligence. Examining the record in an action for personal injuries sustained by plaintiff when an automobile in […]

893 P.2d 848 CITY OF OVERLAND PARK, KANSAS, Appellee, v. BRYAN NIEWALD and TODD JUNG, Appellants. No. 72,457Court of Appeals of Kansas Opinion filed April 14, 1995 Aff’d as modified 258 Kan. 679 (1995). SYLLABUS BY THE COURT 1. COURTS — District Court Jurisdiction. Article 3, § 6 of the Kansas Constitution provides that the […]