Category: Kansas Court Opinions

721 P.2d 742 In the Matter of AL HYBSHA, also known as Adolph Allison Hybsha, Respondent. No. 58,949Supreme Court of Kansas Opinion filed July 18, 1986. ORIGINAL PROCEEDINGS IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Opinion filed July 18, 1986. Disbarment. Arno Windscheffel appeared for petitioner. There was no appearance by respondent. […]

265 P.2d 853 JOSEPH CARL GANGEL, Appellant, v. COOK SAW MILL (KEITH COOK and MACK COOK), Appellees. No. 39,193Supreme Court of Kansas Opinion filed January 23, 1954. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Employers Within the Statute — Findings of Trial Court — Review. Following the established rule that it is the function […]

580 P.2d 1318 ALONZO VICTOR KING, Appellant, v. DAN HAWES, SHERIFF OF LEAVENWORTH COUNTY, KANSAS, Appellee. No. 48,689Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Extradition — Proof Required to Render Accused to Demanding State. To require and justify the rendition of an accused by the […]

602 P.2d 1263 STATE OF KANSAS, Appellee, v. RONNIE G. WHITEHEAD, Appellant. No. 50,534Supreme Court of Kansas Opinion filed December 1, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession of Heroin — Evidence of Prior Drug Dealing — Admissibility. In a criminal prosecution for possession of heroin, evidence of prior drug dealing is […]

548 P.2d 772 STATE OF KANSAS, Appellee, v. LARRY W. EVANS, Appellant. No. 48,020Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lesser Included Offense. If a lesser offense is to be considered a lesser included offense under the law, all elements necessary to prove the lesser […]

228 P.2d 731 C.J. BILLUPS and E. VON LEHE, a co-partnership, doing business as “B” TRUCK LINES, Appellees, v. AMERICAN SURETY COMPANY, a Corporation; JOHN ELSESSER, Sheboygan, Wis.; THE HENSEL TRANSFER WAREHOUSE COMPANY, a Corporation, Sheboygan, Wis.; MARYLAND CASUALTY COMPANY, a Corporation; and MERLE WILKENING, Riley, Kan., Appellants. No. 38,168Supreme Court of Kansas Opinion filed […]

957 P.2d 1112 STATE OF KANSAS, Appellee, v. JEROME KUYKENDALL, Appellant. No. 78,808Supreme Court of Kansas Opinion filed April 17, 1998 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 evidence, […]

605 P.2d 162 MARSHA GRUNDY, Appellee, v. GORDON W. GRUNDY, Appellant. No. 50,300Court of Appeals of Kansas Opinion filed January 25, 1980 Petition for review denied April 18, 1980. SYLLABUS BY THE COURT 1. DIVORCE — Alimony — Installment Payments with Acceleration Clause — Default on Installment. In awarding alimony in a lump sum payable […]

415 P.2d 283 GEORGE H. SCHNUG, Appellant, v. PEARL A. SCHNUG, Appellee. No. 44,519Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT DIVORCE — Decree — Effect on Property Rights. The record in an action to recover on a promissory note and to foreclose a mortgage on real estate given to […]

17 P.3d 947 THOMAS D. VOYLES, Plaintiff/Appellant/Cross-appellee, v. ERNESTO M. GARCIA, Defendant, and TRADERS INSURANCE COMPANY, Garnishee/Appellee/Cross-appellant. No. 84,504, 84,728Court of Appeals of Kansas Opinion filed: January 5, 2001. Petition for review denied 271 Kan. 1042 (2001). SYLLABUS BY THE COURT 1. INSURANCE — Fraudulent Insurance Act — Insurer Not Required to Pay Innocent Third […]

107 P.3d 1249 In the Matter of the Care and Treatment of RANDY A. FOSTER, Appellant. No. 91,324.Court of Appeals of Kansas. Opinion filed March 18, 2005. Reversed 280 Kan. 845, 127 P.3d 277 (2006). SYLLABUS BY THE COURT1. TRIAL — Jury Instructions — Appellate Review. Jury instructions are to be considered together and read […]

124 P.3d 1083 CHECK ELEC. CONST. CO., INC. v. McPHERSON CONTRACTORS, INC. No. 93,529.Court of Appeals of Kansas. December 23, 2005. Appeal from Leavenworth. Decision without published opinion. Affirmed.

676 P.2d 764 KANSAS CITY POWER LIGHT COMPANY, Applicant-Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Richard C. (Pete) Loux, Chairman; Jane T. Roy and Phillip R. Dick, Commissioners; and their respective successors in Office as the constituent members of the State Corporation Commission of the State of Kansas, Respondents-Appellees. No. 55,844Supreme […]

530 P.2d 20 STATE OF KANSAS, Appellee, v. DANNY RAY LAMB, Appellant. No. 47,452Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT CRIMINAL LAW — Kidnapping and Aggravated Robbery — Sufficiency of Information — Instructions — Remarks of County Attorney — Evidence of Similar Offenses — Testimony of Accomplices. In an […]

512 P.2d 403 SPRUILL MOTORS, INC., Appellant, v. UNIVERSAL UNDERWRITERS INSURANCE CO., Appellee. No. 46,930Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Risks Outside Coverage — No Duty to Defend. An insurer is not bound to defend its insured in an action brought wholly outside any coverage […]

929 P.2d 173 STATE OF KANSAS, Appellee, v. GREGORY J. MARINO, Appellant. No. 73,972Court of Appeals of Kansas Opinion filed November 27, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Discriminatory Prosecution — Proof Required. To be successful in proving discriminatory prosecution, a defendant must show: (1) Others who are similarly situated are not […]

87 P.3d 360 KATRINA HERSHAW, Appellee, v. FARM CITY INSURANCE COMPANY, Appellant. No. 90,560.Court of Appeals of Kansas. Opinion filed April 9, 2004. SYLLABUS BY THE COURT1. ATTORNEY FEES — Authority of District Court to Impose Attorney Fees — Appellate Review. The issue of whether a district court has authority to impose attorney fees under […]

308 P.2d 96 JULIUS J. JONES, Appellee, v. H.B. ZIMMERMAN, Appellant. No. 40,206Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT MALICIOUS PROSECUTION — Complaint Made on Advice of County Attorney — Liability. Following Haines v. Railway Co., 108 Kan. 360, 195 P. 592, and Rowe v. Glen Elder State Bank, […]

135 P.3d 1230 MIKE CONNER, Appellee, v. OCCIDENTAL FIRE CASUALTY COMPANY OF NORTH CAROLINA and WILSHIRE INSURANCE COMPANY, Appellants. No. 92,286.Supreme Court of Kansas. Opinion filed June 9, 2006. SYLLABUS BY THE COURT1. CONTRACTS — Insurance — Construction — Appellate Review. The interpretation and legal effect of a written contract are matters of law, and […]

853 P.2d 62 WOLF CREEK GOLF LINKS, INC., Appellant, v. BOARD OF COUNTY COMMISSIONERS, COUNTY APPRAISER, COUNTY TREASURER, AND COUNTY CLERK OF JOHNSON COUNTY, KANSAS, Appellees. No. 68,144[1] Court of Appeals of Kansas Opinion filed February 5, 1993 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish […]

366 P.2d 780 MICHAEL GREENWOOD, by His Natural Mother and Next Friend BETTY GREENWOOD, Appellee, v. EVERETT GARDNER, Appellant. No. 42,406Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT AUTOMOBILES — Action by Minor — Sufficiency of Petition. In an action for damages brought by a minor the petition is examined […]

556 P.2d 455 NAOMI V. WOODS, Appellant, v. PEERLESS PLASTICS, INC., AND FEDERATED MUTUAL INSURANCE, Appellees. No. 48,297Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. WORKMAN’S COMPENSATION — Heart Amendment — Exertion Not More Than Usual Work. The record is examined in a workman’s compensation case involving the “heart […]

631 P.2d 674 STATE OF KANSAS, Appellee, v. SCOTT PHILLIP BELT, Appellant. No. 52,583Court of Appeals of Kansas Opinion filed July 10, 1981 Petition for review denied September 18, 1981. SYLLABUS BY THE COURT 1. EVIDENCE — Extrajudicial Statements — Admissibility When Not Hearsay. Extrajudicial statements, offered as evidence merely to show that the statements […]

625 P.2d 1 In re JOHN WILBUR SOWERS, voluntary surrender of his certificate to practice law in the State of Kansas. Bar Docket No. 4792Supreme Court of Kansas March 20, 1981 ORDER ATTORNEY AND CLIENT — Voluntary Surrender of Certificate. On March 18, 1981, JOHN WILBUR SOWERS voluntarily surrendered his certificate admitting him to practice […]

24 P.3d 193 STATE OF KANSAS, Appellee, v. JESSE L. BOSBY, Appellant. No. 85,279Court of Appeals of Kansas Opinion filed: May 25, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Theft with Violence — Determination Which Crime to Charge. To determine whether a robbery has occurred as opposed to a theft with […]

510 P.2d 175 ST. FRANCIS HOSPITAL AND SCHOOL OF NURSING, INC., Appellant and Cross-Appellee, v. JOHN ECKMAN and VERGIE N. ECKMAN, Defendants, and UNITED BENEFIT LIFE INSURANCE COMPANY, Appellee and Cross-Appellant. No. 46,765Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Rule Favoring Insured. Under our well established […]

941 P.2d 365 STATE OF KANSAS, Appellant, v. RUSSELL A. VANWEY, Appellee. No. 77,562Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Illegal Sentence — Jurisdiction of Appellate Court to Correct Illegal Sentence. This court has general statutory jurisdiction to correct, modify, vacate, or reverse […]

51 P.3d 470Court of Appeals of Kansas July 19, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW City of Kansas City, Kansas v. Lopp 87866 Wyandotte 07/19/2002 Reversed Ortiz v. Nat’l Beef Workers Packing Co. 88055 Comp. Board 07/19/2002 Affirmed L.G., In re 88066 Harvey 07/19/2002 Affirmed Clark v. State 88121 Reno 07/19/2002 Affirmed Dias […]

197 P.3d 872 KANSAS DEPARTMENT OF REVENUE, Appellant, v. JILL POWELL, Appellee. No. 99,491.Court of Appeals of Kansas. Opinion filed December 12, 2008. SYLLABUS BY THE COURT1. CIVIL SERVICE — Whistle-blower Claim — Award Made by Kansas Civil Service Board. K.S.A. 2007 Supp. 75-2973(0 provides that in a case involving a whistle-blower claim, the Kansas […]

176 P.3d 965 In the Matter of the Marriage of BRENDA L. ATCHISON, Appellee, and TRACY L. ATCHISON, Appellant. No. 97,901.Court of Appeals of Kansas. February 8, 2008. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Motion to Modify Support — Party Requesting Modification Must Allege Material Change in Circumstances. On […]

253 P.3d 340 In the Matter of JAMES A. CLINE, Petitioner. No. 102,473.Supreme Court of Kansas. June 22, 2011. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement. On October 9, 2009, this court suspended the petitioner, James A. Cline, from the practice of law in Kansas for a period of 3 years. See […]

840 P.2d 471 DENIS V. TONGISH, Appellee, v. DANNY THOMAS, d/b/a NORTHWEST SEED, Defendant, and DECATUR COOP ASSOCIATION, Third-Party Intervenor/Appellant. No. 66,771Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. STATUTES — Specific Statute Controls over General Statute — Legislative Intent. When there is a conflict between a statute dealing […]

426 P.2d 114 THOMAS GARY McQUEENEY, Appellant, v. STATE OF KANSAS, Appellee. No. 44,722Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Inquiring Into Sanity by Court — Judicial Discretion. If the trial court entertains a real doubt of the sanity or the mental ability of an […]

951 P.2d 953 REBECCA WOODRUFF, Individually, MAX WOODRUFF, Individually, and REBECCA and MAX WOODRUFF, for and on behalf of MORGAN ELIZABETH WOODRUFF, Deceased, Appellants, v. THE CITY OF OTTAWA, KANSAS, a Kansas municipality, Appellee, and THE CITY OF OTTAWA POLICE DEPARTMENT, JEFF HERRMAN, in his Representative Capacity as Police Chief for the CITY OF OTTAWA […]

710 P.2d 1325 STATE OF KANSAS, Appellant, v. JILL BRUENINGER, Appellee. No. 58,291Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Double Jeopardy — Test for Determining Whether Prosecution Barred by Former Prosecution of Another Crime. The test for determining whether a prosecution is barred by a […]

907 P.2d 885 CITY OF OVERLAND PARK, Appellee, v. BRYAN NIEWALD and TODD JUNG, Appellants. No. 72,457Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Administrative Warrant — Criminal Search and Seizure Statute Not Applicable. K.S.A. 1994 Supp. 22-2502(a) is intended to govern the issuance of […]

646 P.2d 1124 LEAH M. BARKLEY, Appellee, v. JOHN H. TOLAND, Appellant. No. 53,152Court of Appeals of Kansas Opinion filed June 17, 1982 Petition for review denied August 23, 1982. SYLLABUS BY THE COURT CIVIL PROCEDURE — Motion to Set Aside Void Judgment — Time Limit for Filing Motion. The provisions of K.S.A. 60-260(b)(4) require […]

676 P.2d 76 W.D. SHORT, Appellant, v. EARL A. CLINE; HAROLD S. CLINE; WARREN A. CLINE; WILSON E. CLINE; COLONIAL ROYALTIES, a Corporation; FLORA LEE CLINE, Individually and as one of the Executors of the Estate of William H. Cline, Deceased; WENDELL S. HANCHER; JOHN W. HANCHER; FANNY McDONALD; JOHN MOYER; MRS.E.H. EVANS; G. STERLING […]

42 P.3d 723 STATE OF KANSAS, Appellee, v. THOMAS FINLEY, Appellant. No. 85,709Supreme Court of Kansas Opinion filed: March 15, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — State’s Failure to Preserve Evidentiary Material — Due Process Requires Showing of Bad Faith on Part of State. While good or bad faith of the State […]

175 P.3d 239 STATE OF KANSAS, Appellee, v. DUSTIN O. HOLT, Appellant. No. 96,744.Supreme Court of Kansas. Opinion filed February 1, 2008. SYLLABUS BY THE COURT1. JURIES — Unanimous Verdict — Polling of Jury — Statutory Rights. The right to a unanimous jury verdict is not constitutional but statutory. Similarly, the right to have a […]

303 P.2d 137 AUGUST R. BYER, Appellant, v. GLADYS BYER, Appellee. No. 40,203Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT 1. TRIAL — Conclusion of Law Designated as Finding of Fact — How Construed. A pure conclusion of law, although designated as a finding of fact, is to be treated […]

641 P.2d 399 STATE OF KANSAS, ex rel., CLARK V. OWENS, District Attorney for the Eighteenth Judicial District of the State of Kansas, Petitioner, v. THE HONORABLE RAY HODGE, Judge of the Division 2 of the Eighteenth Judicial District of the State of Kansas and WILLIAM C. HAMES, Respondents. No. 53,767Supreme Court of Kansas Opinion […]

749 P.2d 45 In the Matter of J. TAYLOR NEUSCHWANDER, Respondent. Bar Docket No. 08298Supreme Court of Kansas January 29, 1988 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On the 16th day of December 1987, the office of the Disciplinary Administrator filed a formal complaint with the Kansas Board for Discipline […]

545 P.2d 346 VIRGINIA KENDALL, Appellant, v. MARIE KENDALL, Appellee, and In the Matter of the Estate of Raymond P. Kendall, Deceased. No. 47,851Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. DIVORCE — Payments to Equalize Division of Property — As to Future Support Denominated Alimony. Care should be […]

11 P.3d 98 DEFFENBAUGH INDUSTRIES, INC., and HARTFORD CASUALTY INSURANCE CO., d/b/a SPECIALTY RISK SERVICES, Appellants, v. WILLIAM E. WILCOX, and DAN LYKINS, Appellees. No. 84,396Court of Appeals of Kansas Opinion filed September 29, 2000. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Subrogation Right of Employer against Third-party Tortfeasor — Waiver of Right. While […]

772 P.2d 822 IN THE MATTER OF THE APPEAL OF BERNIE’S EXCAVATING COMPANY, INC., FROM A NOTICE OF ASSESSMENT OF ADDITIONAL RETAILERS’ SALES TAX. No. 62,645Court of Appeals of Kansas Opinion filed May 5, 1989 Petition for review denied June 6, 1989. SYLLABUS BY THE COURT TAXATION — Retailer’s Sales Tax — Construction Contract — […]

615 P.2d 146 STATE OF KANSAS, Appellee, v. MILTON PORTER, WILLIAM GREEN, and VERNON SMITH, Appellants. No. 51,704Supreme Court of Kansas Opinion filed July 18, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Redaction of Incriminating References to Codefendant. The process of editing a defendant’s statement or confession to excise or delete […]

113 P.3d 274 IN RE MARRIAGE OF DUVAL AND WHEELER. No. 92,738.Court of Appeals of Kansas. June 17, 2005. Appeal from Reno. Decision without published opinion. Reversed and remanded.

402 P.2d 108 JOHN D. JONES, Appellee, v. CITY OF DODGE CITY, KANSAS and PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellants. No. 44,065Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Injury Arising Out of and in Course of Employment — Findings and Judgment Supported by Evidence. The […]

26 P.3d 700 JAMES L. SCHOENBERGER d/b/a JASON OIL COMPANY, et al., Appellees, v. MISSOURI PACIFIC RAILROAD COMPANY and UNION PACIFIC LAND RESOURCES CORPORATION, Appellants. No. 84,193[1] Court of Appeals of Kansas Opinion filed: September 15, 2000. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by […]

851 P.2d 1017 STATE OF KANSAS and the KANSAS DEPARTMENT OF CORRECTIONS, Appellants, v. THE KANSAS COMMISSION ON CIVIL RIGHTS and SHARON NERIA, Appellees. No. 67,584[1] Court of Appeals of Kansas Opinion filed December 18, 1992 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an […]

493 P.2d 277 CITY OF OGDEN, KANSAS, Appellee, v. LENA B. ALLEN, Appellant. No. 46,191Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. BAIL AND RECOGNIZANCE — Appeal from Police Court — Sufficiency of the Recognizance — Personal Appearance on Appeal. K.S.A. 15-515 pertaining to appeals from police courts of […]

357 P.2d 797 CAROYN KRENTZ HORNING, Appellant, v. WAYNE HANEY and MARGARET J. HANEY, Appellees. No. 41,966Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT NEGLIGENCE — Contributory Negligence as Matter of Law — Demurrer to Evidence. The record in an action to recover for personal injuries sustained by the plaintiff, […]

105 P.3d 279 STATE v. CROWLEY. No. 92,040.Court of Appeals of Kansas February 4, 2005. Appeal from the Reno. Decision without published opinion. Reversed and remanded.

809 P.2d 1216 PLUMMER DEVELOPMENT, INC., Appellant, v. PRAIRIE STATE BANK, Appellee. No. 65,303Supreme Court of Kansas Opinion filed April 15, 1991 SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Uncontroverted Facts — Trial Court Ruling That Opposing Party Admitted Movant’s Facts by Failing, to Follow Supreme Court Rule. A trial court’s ruling that an […]

469 P.2d 453 STATE OF KANSAS, Appellee, v. SAMUEL E. BEASLEY, Appellant. No. 45,422Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — First Degree Murder — Weapon Lawfully Seized — Continuance — Change of Venue — View of Scene of Crime Denied — Sale of Murder Weapon Admissible […]

113 P.3d 266 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/Cross-appellee, v. MARK BENTON, Appellee, and KATHRYN L. BENTON, Appellee/Cross-appellant. No. 90,004.Court of Appeals of Kansas. Opinion filed September 17, 2004. Petition for review denied 279 Kan. 1007 (2005). SYLLABUS BY THE COURT1. INSURANCE — Termination of Insurance by Insurer — Statutory Notice to Insured Required. […]

271 P.2d 769 JAYHAWK CONSTRUCTION COMPANY, INC., Appellant, v. THE CITY OF TOPEKA, and GEORGE SCHNELLBACHER, J. GLEN DAVIS, WILLIAM R. YERKES, LLOYD B. SMITH, and C.M. WILLIAMS, constituting the Board of Commissioners of the City of Topeka, Appellees. No. 39,400Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT 1. MUNICIPAL […]

894 P.2d 836 LYNN McCARTHY, et al., Appellants, v. CITY OF LEAWOOD, KANSAS, Appellee. No. 72,536Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Legislative Enactment — Home Rule Powers. In determining whether a legislative enactment is uniformly applicable to all cities, such legislative intent should […]

77 P.3d 1277 STATE OF KANSAS, Appellee, v. CHARLES R. DEFFEBAUGH, JR., Appellant. No. 89,355.Court of Appeals of Kansas. Opinion filed October 10, 2003. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission of Evidence — Appellate Review. The trial court’s decision on the admission of evidence is reviewed under the abuse of discretion standard. […]

121 P.3d 1003 STATE v. PROFFITT. No. 93,388.Court of Appeals of Kansas. October 28, 2005. Appeal from Barton. Decision without published opinion. Affirmed.

858 P.2d 1228 VERNON BARNETT and MILDRED BARNETT, Plaintiffs-Appellees, v. JAMES E. OLIVER and MOLLY J. OLIVER, Defendants, and MATTHEW H. HAMILL and ERMA J. HAMILL Defendants-Appellants. Nos. 68,468, 68,808Court of Appeals of Kansas Opinion filed August 20, 1993 Petition for review denied 253 Kan. 856 (1993). SYLLABUS BY THE COURT 1. CONTRACTS — Acceleration […]

915 P.2d 145 IN THE MATTER OF THE ESTATE OF ESTHER BRODBECK, DECEASED. SHIRLEY HALL, Appellant, v. RUTH O. JAMES and DWIGHT HART, Appellees. No. 72,990Court of Appeals of Kansas Opinion filed April 19, 1996. Petition for review denied 260 Kan. 993 (1996). SYLLABUS BY THE COURT WILLS — Undue Influence — Summary Judgment. The […]

376 P.2d 784 In the Matter of the Estate of Sarah G. Foster, Deceased. MIRIAM F. BALL, Appellant, v. MARVIN E. THOMPSON, Guardian ad litem for SANDRA BALL, CANDACE BALL and MARJORIE STAGGS, nee McCULLOUGH, Appellees and Cross-appellants, H.C. McCONNELL, ELSIE BENSO KILLIAN, and JOHN C. WOELK, JR., as Executors and Trustees, Appellees. No. 42,867Supreme […]

251 P.3d 74 STATE OF KANSAS, Appellee, v. KEVIN WITTEN, Appellant. Nos. 103,476, 103,477.Court of Appeals of Kansas. Opinion filed March 18, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When a defendant challenges the sufficiency of the evidence in a criminal case, the standard of review is whether, […]

272 P.2d 1054 NANCY JO HOARD, BARBARA ANN HOARD, and MARY JANE HOARD, minors, by RUTH J. HOARD, their mother, guardian, and next friend, Appellants, v. THE HOME STATE BANK OF RUSSELL, KANSAS; W.S. KNOX as Executor of the Wayne R. Hoard Estate; and the TRAVELERS INSURANCE COMPANY OF HARTFORD, CONNECTICUT, Appellees. No. 39,448Supreme Court […]

124 P.3d 493 STATE OF KANSAS, Appellee, v. CORNELIUS DEVON OLIVER, Appellant. No. 88,987.Supreme Court of Kansas. Opinion filed December 16, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Question of Law — Appellate Review. Appellate review of a question of law is unlimited. 2. CRIMINAL LAW — Warrantless Arrest — Constitutionality. If a […]

656 P.2d 783 DONALD R. HIESTAND, Appellee, v. AMALGAMATED MEATCUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, et al., Appellants. No. 53,837Court of Appeals of Kansas Opinion filed January 20, 1983 Affirmed 233 Kan. 759, 666 P.2d 671 (1983). SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Appellate Review — “Clearly Erroneous” Instruction […]

629 P.2d 148 MANUEL L. RUBIN, Appellant, v. KPERS and THE STATE OF KANSAS, Appellees. No. 52,303Supreme Court of Kansas Opinion filed June 10, 1981. SYLLABUS BY THE COURT KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM — Long-term Disability Benefits — Benefits Discontinued to Totally Disabled Former State Employee — Discontinuance Authorized under Then-existing Statute. In an […]

809 P.2d 1245 BETTY JEAN W. DUBE, Appellee, v. RUSSELL ARTHUR DUBE, Appellant. No. 65,647Court of Appeals of Kansas Opinion filed April 26, 1991 SYLLABUS BY THE COURT 1. DIVORCE — Temporary Alimony — Final Judgment of Divorce Terminates Temporary Support. Temporary alimony or support pendente lite is an allowance by the court for the […]

763 P.2d 605 STATE OF KANSAS, Appellee, v. NORDELL F. GLOVER, Appellant. No. 60,646Supreme Court of Kansas Opinion filed October 28, 1988. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Sentencing Judge’s Misunderstanding of Parole Eligibility Requirements — Abuse of Discretion Alleged — Appellate Review. A trial judge’s misunderstanding at sentencing of a criminal […]

228 P.2d 522 A.A. HOFSTETTER and DOSSIE HOFSTETTER, his wife; HARVEY HOFSTETTER and EVELYN HOFSTETTER, his wife; ALBERT W. HAYES and ALICE L. HAYES, his wife; WESLEY BALLINGER and GEORGIE BALLINGER, his wife, and FRANK DEMO and THERESA DEMO, his wife, Appellees, v. GEORGE M. MYERS, INC., A Kansas Corporation, Appellant. No. 38,046Supreme Court of […]

865 P.2d 1011 STATE OF KANSAS, Appellee, v. RICHARD W. HARMON, Appellant. No. 68,145Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instructions — When Required. The defendant has a right to have the court instruct the jury on all lesser […]

23 P.3d 883 STATE OF KANSAS, Appellee, v. VERNON J. AMOS, Appellant. No. 84,583Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aiding and Abetting the Commission of a Crime. A person who, either before or during the commission of a crime, intentionally aids and abets another […]

754 P.2d 465 JOHN C. RIDDLE, III, Appellant, v. CITY OF OTTAWA, KANSAS, and OREN K. SKILES, Appellees. No. 61,092Court of Appeals of Kansas Opinion filed May 20, 1988 Petition for review denied July 8, 1988. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Due Process — Right to Prior Hearing to Protect Property Rights. […]

954 P.2d 1 STATE OF KANSAS, Appellee, v. WILLIAM L. TODD, Appellant. No. 76,059Court of Appeals of Kansas Opinion filed February 6, 1998 SYLLABUS BY THE COURT 1. EVIDENCE — Hearsay. The law of hearsay can be complex and may require close analysis of the individual facts for correct application. Statements may be inadmissible under […]

504 P.2d 153 JASPER C. PAGE, Appellee, v. GENERAL MOTORS CORPORATION, Appellant. No. 46,687Supreme Court of Kansas Opinion filed December 9, 1972. MEMORANDUM OPINION Appeal from Wyandotte district court, division No. 4; JOSEPH H. SWINEHART, judge. Opinion filed December 9, 1972. Reversed. Phil M. Cartmell, Jr., of Gage, Tucker, Hodges, Kreamer, Kelly and Varner, of […]

856 P.2d 174 UNION STATE BANK, Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant. No. 68,646Court of Appeals of Kansas Opinion filed June 25, 1993 Petition for review denied 253 Kan. 864 (1993). SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Appellate Review. The construction of a written instrument […]

211 P.2d 443 LORRAINE FRALICK, Appellee, v. KANSAS CITY PUBLIC SERVICE COMPANY, a corporation, and W.L. CALLAHAN, Appellants, (and CHESTER BROWNING, Appellee.) No. 37,676Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT 1. TRIAL — General Verdict — Upholding Verdict — Findings and Verdict Inconsistent. A general verdict imports a finding […]

228 P.2d 727 ELIZABETH L. FRY, ANNA M. FOWLER, RUTH E. FRY and EDNA LUCILE FRY, Appellants, v. JOHN McCORMICK, Appellee. No. 38,192Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT 1. TRUSTS — Separation of Legal and Equitable Estates — Trustee as Beneficiary. The rule that the same person cannot […]

603 P.2d 209 URBAN RENEWAL AGENCY OF THE WICHITA, KANSAS, METROPOLITAN AREA, Appellant, v. GOSPEL MISSION CHURCH AND SCHOOL, and LEE ETTA HAMPTON, GEORGE BOSTON, and MARY JOE JOHNSTON, Trustees of Gospel Mission Church and School, Appellees. No. 50,030Court of Appeals of Kansas Opinion filed November 30, 1979 Petition for review denied January 29, 1980. […]

283 P.2d 243 HAZEL M. WYATT, Appellant, v. SECURITY BENEFIT LIFE INSURANCE COMPANY, Appellee. No. 39,698Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT 1. INSURANCE — Group Insurance — Termination of Employment — Conversion of Policy. The defendant insurance company issued its group policy of life insurance to a named […]

740 P.2d 1089 VOLT DELTA RESOURCES, INC., and VDJV, INC., Appellants, v. WILLIAM J. DEVINE, GEORGE J. MUELLER, JR., KEVIN P. MEADE, and JAMES S. DEGRAW, Appellees. No. 59,913Supreme Court of Kansas Opinion filed July 17, 1987. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Long Arm Statute — Personal Jurisdiction over Nonresident Defendant. The […]

98 P.3d 672 IN RE MARRIAGE OF GARREN. No. 91,957.Court of Appeals of Kansas October 8, 2004. Appeal from the Jefferson. Decision without published opinion. Affirmed.

200 P.3d 1254 STATE OF KANSAS, Appellee, v. ERIC D. HOFFMAN, Appellant. No. 98,394.Supreme Court of Kansas. Opinion filed January 30, 2009. SYLLABUS OF THE COURT1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instruction — Defendant’s Failure to Object to Giving or Failing to Give Instruction — Appellate Review. When a defendant does […]

464 P.2d 196 CITY OF WICHITA, Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, Appellant. No. 45,526Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. FRANCHISES — Utility Operating Power Lines — Right of City to Require Relocation. When a public utility, operating under a franchise granted by the governing body […]