Category: Kansas Court Opinions

159 P.3d 215 ANTRIM, PIPER, WENGER, INC., Appellee, v. DAVID W. LOWE and DEBORAH LOWE, Appellants. No. 97,308.Court of Appeals of Kansas. Opinion filed June 8, 2007. SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with […]

167 P.3d 367 STATE OF KANSAS, Appellee, v. DAREN W. BROWN, Appellant. No. 96,593.Court of Appeals of Kansas. Opinion filed September 21, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Revocation of Probation — Jail Time Credit for Time Defendant Spends in Residential Facility. K.S.A. 21-4614a calls for a day-for-day credit towards a defendant’s sentence […]

251 P.3d 632 STATE OF KANSAS, Appellee, v. STEPHANIE ANNE KACSIR, Appellant. No. 102,559.Court of Appeals of Kansas. Opinion filed February 25, 2011. SYLLABUS BY THE COURT1. POLICE AND SHERIFFS — Police-Citizen Encounter — Voluntariness of Encounter. An encounter between a citizen and a law enforcement officer in a public place is voluntary if a […]

594 P.2d 177 DONALD W. JACKSON, Appellant, v. RICHARD A. FARMER and CAROLYN SUE FARMER, Appellees. No. 49,955Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. OIL AND GAS — “Dwelling House” Included in Lease — Effect of Dwelling Erected after Lease Executed. The only dwelling house on land included […]

853 P.2d 692 WARREN BROWN GILLESPIE and POLLY GILLESPIE TOWNSEND, Plaintiffs/Appellees, v. DOROTHEA WOFFORD SEYMOUR, as Co-Trustee of the BROWN-GILLESPIE TRUST ESTATE; DOROTHEA WOFFORD SEYMOUR, individually; PAUL A. SEYMOUR, JR.[*]; PAUL SEYMOUR, III; RUTH BASSETT; ROBERT W. BURDGE; GRANT THORNTON, an accounting partnership; ARROWHEAD PETROLEUM, INC., a Kansas corporation; and BIG SPRINGS DRILLING, INC., a […]

557 P.2d 1275 STATE OF KANSAS, Appellant, v. HAROLD E. HAYS, Appellee. No. 48,296Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Arrest without Warrant — When Probable Cause Exists. Probable cause, such as may justify an arrest or a search and seizure without warrant, is […]

65 P.3d 217 STATE OF KANSAS, Appellee, v. JAVIER DOZAL, Appellant. No. 87,690.Court of Appeals of Kansas. Opinion filed March 21, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Commencement of Prosecution — Execution of Warrant without Unreasonable Delay. K.S.A. 1998 Supp. 21-3106(10) is construed and applied. 2. SAME — Commencement of Prosecution — Period […]

615 P.2d 774 CIT FINANCIAL SERVICES, INC., OF KANSAS, Appellee, v. HENRY GOTT, et al.; ERNEST A. PETERSON, et al.; KICE METAL PRODUCTS CO., INC.; ROBERT IRELAND and RAY BARBER, d/b/a Ireland and Barber, Appellants. No. 50,644[*] Court of Appeals of Kansas Opinion filed July 25, 1980 Petition for review denied 228 Kan. 806. [*] […]

939 P.2d 942 CITY OF WICHITA, KANSAS, A MUNICIPAL CORPORATION, Appellee, v. JOHN A. EDWARDS, Appellant. No. 75,213Court of Appeals of Kansas Opinion filed May 23, 1997. SYLLABUS BY THE COURT 1. CIVIL RIGHTS — Bias Crime or Ethnic Intimidation Ordinance — Constitutionality of Wichita Ordinance — Overbreath. Section 5.01.010 of the Wichita City Code, […]

522 P.2d 443 EDWARD T. NEVILLE and RITA ANN NEVILLE, Appellees, v. W.H. HENNIGH and BERNICE HENNIGH, F.E. ROBERTS and PAULA ROBERTS, L.C. GAWTHROP and CAROL GAWTHROP, Appellants. No. 47,239Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. JUDGMENTS — Consent of Parties — Conclusiveness. A judgment entered by consent […]

228 P.2d 504 RICHARD DREILING, Appellant, v. J.W. COLBY, et al., Appellees. No. 38,079Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Trial Errors — Notice of Appeal — Scope of Review. A notice of appeal from alleged trial errors does not serve the function of […]

818 P.2d 822 In the Matter of the Estate of MARTHA M. SMELSER, Deceased. JOHN H. SMELSER, JR., and FRANK DEAN SMELSER, Appellants, v. LLOYD SMELSER, Appellee. No. 65,824Court of Appeals of Kansas Opinion filed October 11, 1991 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Trial Court’s Findings of Fact and Conclusions of […]

303 P.2d 172 LEWIS JOHNSON, Appellant, v. SKELLY OIL COMPANY, Respondent and Self Insurer. No. 40,343Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Time for Filing Claim — When Question of Law or Fact. Whether a claim for compensation has been filed in time is primarily […]

226 P.2d 841 CHARLES E. WIMMER, Appellee, v. D. FILIZOLA, Appellant. No. 38,123Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT PLEADING — Verification — Necessity and Effect — Motion for Judgment on the Pleadings. In an action to recover damages for breach of implied warranties of a construction contract the […]

659 P.2d 178 BILL STAIR, Appellant, v. REX GAYLORD, d/b/a GAYLORD ENTERPRISES; RICHARD DIGGS, d/b/a GENERAL IRRIGATION COMPANY; and THE GOODYEAR TIRE AND RUBBER COMPANY; Appellees. No. 54,337Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Peremptory Challenges by Multiple Plaintiffs or Defendants. Multiple defendants or plaintiffs […]

122 P.3d 420 STATE v. DOYLE. No. 93,087.Court of Appeals of Kansas. November 10, 2005. Appeal from Johnson. Decision Without Published Opinion. Dismissed.

168 P.3d 607 KEMPER INSURANCE COMPANIES, Plaintiff, v. DANIEL WEBER; HEATHER WEBER; SANDRA TAYLOR-PAHL, f/k/a SANDRA TAYLOR; THEODORE PAHL; and JENNIFER LUND, Intervenors/Appellees/Cross-appellants, v. FARMERS INSURANCE COMPANY, INC., Appellant/Cross-appellees. No. 96,316.Court of Appeals of Kansas. Opinion filed October 12, 2007. SYLLABUS BY THE COURT1. CONTRACTS — Insurance Policy — Interpretation of Unambiguous Policy. If the […]

575 P.2d 565 In re The Complaint made against RICHARD GENE ROSSMAN by the State Board of Law Examiners. No. 49,559 (Bar Docket No. 5180)Supreme Court of Kansas Opinion filed March 1, 1978. ORDER OF PUBLIC CENSURE WHEREAS, In a proceeding conducted by the State Board of Law Examiners to inquire into the complaint of […]

953 P.2d 1367 In the Matter of FRED H. BROWN, Respondent. No. 73,450Supreme Court of Kansas Opinion filed January 23, 1998 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed January 23, 1998. Disbarment. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the […]

930 P.2d 1059 STATE OF KANSAS, Appellant, v. GREG A. PROFFITT, Appellee. No. 75,791Supreme Court of Kansas Opinion filed January 24, 1997. SYLLABUS BY THE COURT CRIMINAL LAW — Operating Motor Vehicle While License Revoked as Habitual Violator — Restoration of Driving Privileges after 3-year License Revocation Period — Dismissal of Complaint. In an appeal […]

389 P.2d 843 J.T. MAYALL HOTEL COMPANY, INC., a Kansas Corporation, Appellant, v. THE ATCHISON HOTEL COMPANY, INC., a Kansas Corporation, Appellee. No. 43,486Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT LANDLORD AND TENANT — Damage by Flash Flood — Construction of Lease. In an appeal arising out of a […]

607 P.2d 1330 KELLOGG MALL ASSOCIATES, AN INDIANA LIMITED PARTNERSHIP QUALIFIED TO DO BUSINESS IN KANSAS, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, KANSAS; THE COUNTY BOARD OF EQUALIZATION OF THE COUNTY OF SEDGWICK, KANSAS; TOM SCOTT, JOHN HALE, EVERETT PATRICK, COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, AND MEMBERS OF […]

547 P.2d 712 UNITED STATES FIDELITY GUARANTY COMPANY, Appellant, v. DAVID H. ADAMS and MARY M. ADAMS, (Ralph R. Thompson, et al.) Appellees. No. 47,854Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. MORTGAGES — Foreclosure Sale — Rights of Holder of Certificate of Purchase — Owner’s Right to Redeem. […]

234 P.3d 820 HERMAN M. TERNES, Appellee, v. JOSEPH P. GALICHIA, M.D., Appellee, and ACCIDENT RECOVERY TEAM, P.A. and JAMES A. CLINE, Appellants. No. 101,666.Court of Appeals of Kansas. Opinion filed June 11, 2009. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Intervenor in Pending Lawsuit. Our law permits parties to intervene in a pending lawsuit […]

476 P.2d 240 STATE OF KANSAS, Petitioner, v. JAMES I. NELSON, Respondent. No. 46,057Supreme Court of Kansas Opinion filed November 7, 1970. ORIGINAL PROCEEDINGS IN DISCIPLINE Opinion filed November 7, 1970. Judgment for petitioner. Ernest C. Ballweg, Assistant Attorney General, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for […]

894 P.2d 202 STATE OF KANSAS, Appellee, v. RITO MEJIA, JR., Appellant. No. 71,538Court of Appeals of Kansas Opinion filed April 14, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing Guidelines Act — Inmate’s Challenge on Crime Severity Level Classification. The Kansas Sentencing Guidelines Act does not provide a procedure whereby an inmate […]

583 P.2d 1033 STATE OF KANSAS, Appellee, v. RUSSELL LEE TAYLOR, Appellant. No. 49,048Court of Appeals of Kansas Opinion filed September 8, 1978 SYLLABUS BY THE COURT CRIMINAL LAW — Conspiracy — Allegations in Information — Proof by State. Upon trial for conspiracy the State is not limited in its proof to those overt acts […]

871 P.2d 1246 STATE OF KANSAS, Appellee, v. RICHARD P. JOHNSON, Appellant. No. 69,645Supreme Court of Kansas Opinion filed April 15, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of review on appeal is whether, after review of […]

533 P.2d 764 LEROY S. BROWN, JR., Appellant, v. ROBERT ATKINS, et al., Appellee. No. 47,512Supreme Court of Kansas Opinion filed March 1, 1975. MEMORANDUM OPINION CRIMINAL LAW — Internal Prison Administrative Procedures — Due Process Not Denied. Appeal from Leavenworth district court; KENNETH HARMON, judge. Opinion filed March 1, 1975. Affirmed. John C. Tillotson, […]

180 P.3d 597 HAROLD STANLEY ROBINSON, Appettant/Cross-appellee, v. SOUTHWESTERN BELL TELEPHONE, CO. Appellee/Cross-appellant. No. 97,502.Court of Appeals of Kansas. Opinion filed April 4, 2008. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Statutory Interpretation of Workers Compensation Act. The interpretation of statutory provisions in the Workers Compensation Act, K.S.A. 44-501 et seq., is a question of […]

241 P.2d 692 F. EVA MODLIN, Administratrix of the Estate of Clarence C. Modlin, Deceased, Appellee, v. CONSUMERS COOPERATIVE ASSOCIATION and AMERICAN FIDELITY AND CASUALTY COMPANY, INC., Appellants. No. 38,445Supreme Court of Kansas Opinion filed March 8, 1952. SYLLABUS BY THE COURT RAILROADS — Accident at Crossing — Proximate Cause — Rulings of Trial Court. […]

522 P.2d 378 BEVERLY RUTH DALTON, Appellee, v. WILBUR JACK DALTON, Appellant. No. 47,293Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. DIVORCE — Custody of Children — Welfare of Children Paramount Interest. Where the custody of children is in issue between parents the primary question for determination is what […]

19 P.3d 80 STATE OF KANSAS, Appellant, v. MAURICE T. MURPHY, Appellee. No. 83,452Supreme Court of Kansas Opinion filed: March 9, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Departure Sentence — Substantial and Compelling Reasons Exist for Departure under Facts. Under the facts of this case, substantial and compelling reasons existed […]

630 P.2d 1176 THE KANSAS CITY STAR COMPANY, Petitioner, v. THE HONORABLE LEIGHTON A. FOSSEY, Associate District Judge, District Court of Miami County, Kansas, Respondent. No. 53,196Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT 1. MANDAMUS — Purpose. Mandamus may properly be used to expedite the official business of state […]

625 P.2d 1111 STATE OF KANSAS, Appellant, v. JOE BUDDY MYERS, Appellee. No. 52,363Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Hearsay Evidence — Exceptions — Application to Confrontation Clause of Constitution. In determining the admissibility of hearsay evidence in a criminal case under one of […]

601 P.2d 11 STATE OF KANSAS, Appellee, v. LINDA SABATER, Appellant. No. 50,359Court of Appeals of Kansas Opinion filed October 12, 1979 Petition for review denied December 6, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search and Seizure — Pocketbook Search Incident to Arrest. A woman’s pocketbook is immediately associated with the person […]

62 P.3d 708Court of Appeals of Kansas November 9, 2001 Title Docket Appeal Date of Decision Number From Decision State v. Scott 86045 Russell 11/09/2001 Reversed and remanded with directions State v. Scroggins 85574 Shawnee 11/09/2001 Affirmed State v. Sparman 85860 Sedgwick 11/09/2001 Vacated and remanded with directions State v. Stano 84954 Shawnee 11/09/2001 Affirmed […]

115 P.3d 794 STRONG v. KANSAS PAROLE BD. No. 93,566.Court of Appeals of Kansas. July 22, 2005. Appeal from Reno. Decision without published opinion. Affirmed.

465 P.2d 982 STATE OF KANSAS, ex rel. KENT FRIZZELL, Attorney General, Appellant, v. LOUIS L. PAULSEN, DEAN BAUER, HOWARD C. FUNK, C.T. NEIS and WARD WITHERSPOON, as the Board of Commissioners of the City of Coffeyville, Kansas, and D.A. WILLBERN, SR., PHILLIP M. PREBLE, MARK FERRELL, BERNARD WADE and STEVE ADUDDELL, as the Board […]

547 P.2d 1015 MARVIN G. BROWN, SR., et al., Appellants, v. WICHITA STATE UNIVERSITY, et al, Appellees. MIKE BRUCE, et al, Appellants, v. WICHITA STATE UNIVERSITY, et al, Appellees. HALLIE EUGENIA ROBINSON, Individually and as the Administratrix of the Estate of Eugene Robinson, et al, Appellants, v. WICHITA STATE UNIVERSITY, et al, Appellees. No. 47,363Supreme […]

666 P.2d 1190 STATE OF KANSAS, Appellee, v. VERNON D. REVES, Appellant. No. 55,291Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. KANSAS CONSTITUTION — Subject and Title of Legislative Bills — Section Construed. Art. 2, § 16, of the Kansas Constitution should not be construed narrowly or technically to […]

211 P.2d 49 OWEN W. FROGGE and FRED FROGGE, a copartnership doing business as FROGGE MOTOR COMPANY, Appellants, v. B.B. BELFORD, individually, and B.B. BELFORD, MARY BELFORD, L.R. BELFORD and AMOS B. ZIMMERMAN, a copartnership doing business as BELFORD MOTORS, Appellees. No. 37,610Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT […]

704 P.2d 997 CITY OF OVERLAND PARK, KANSAS, Plaintiff-Appellee, v. EVERETT L. McLAUGHLIN, Defendant-Appellant. No. 57,063Court of Appeals of Kansas Opinion filed August 15, 1985 Affirmed 238 Kan. 637 (1986) SYLLABUS BY THE COURT CONSTITUTIONAL LAW — Municipal Ordinance Establishing Vehicular Weight Limitations — Constitutionality of Ordinance. In an action seeking to have Overland Park […]

436 P.2d 369 MARGUERITE E. FURSTENBERG, Appellant, v. WESLEY MEDICAL CENTER, Also Known as WESLEY HOSPITAL, Also Known as WESLEY HOSPITAL AND NURSES TRAINING SCHOOL, and HAHNER, FOREMAN HARNESS, INC., Formerly HAHNER-FOREMAN, INC., Appellees. No. 44,876Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. TRIAL — Motion for Directed Verdict […]

686 P.2d 149 CHRISTINE ROBERSON, Appellant, v. G. ED COUNSELMAN, Appellee. No. 56,325Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — General Rules. General rules relative to the granting of summary judgment are stated. 2. TORTS — Medical Malpractice — Application to Chiropractors. Law relative to medical […]

75 P.3d 266 JAMES E. STARR, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Appellee/Cross-appellant, and ARCHER DANIELS MIDLAND CORPORATION, Appellant/Cross-appellee. No. 89,597.Court of Appeals of Kansas. Opinion filed August 29, 2003. SYLLABUS BY THE COURT1. CONTRACTS — Construction — Intent of Parties. The cardinal rule of contract construction requires courts to determine the parties’ intent from […]

639 P.2d 43 JAMES A. FORSYTHE, Plaintiff, v. COATS COMPANY, INC., Defendant. No. 53,604Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. COMPARATIVE NEGLIGENCE — Strict Liability in Tort. The system of modified comparative negligence, codified in K.S.A. 60-258a, applies to cases tried under strict liability in tort. 2. TORTS […]

567 P.2d 1382 CITY OF OVERLAND PARK, KANSAS, Appellee, v. DAVID MATTHEW RICE, Appellant. No. 48,499Supreme Court of Kansas Opinion filed July 11, 1977. SYLLABUS BY THE COURT 1. AUTOMOBILES — Suspension of Driver’s License Construed — Final Order Suspension Period Specifically Designated. K.S.A. 1972 Supp. 8-234 (r) which defines the term “Suspension of driver’s […]

900 P.2d 823 DARRELL W. BOULANGER, Appellant, v. DR. P. ALBERT POL and APPLEWOOD CARE CENTER, INC., Appellees. No. 72,534Supreme Court of Kansas Opinion filed August 18, 1995. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Rules for summary judgment are stated and applied. 2. PHYSICIANS AND SURGEONS — Liability of Physician for Negligent […]

806 P.2d 491 CAROLEE SAUDER LEEK, Trustee, WALTER J. KLASSEN TRUST, Appellee, v. THE ALLIANCE FUND, INC., Appellant. No. 64,852Court of Appeals of Kansas Opinion filed February 22, 1991 Petition for review denied April 25, 1991. SYLLABUS BY THE COURT 1. CORPORATIONS — Stock Certificates — Presumption of Ownership. The possession by a stockholder of […]

32 P.3d 1146 HARTFORD UNDERWRITERS INSURANCE COMPANY, Petitioner-Appellee, v. STATE OF KANSAS, DEPARTMENT OF HUMAN RESOURCES, Respondent-Appellant, and RICK MEIER, Respondent-Appellee. No. 86,268Supreme Court of Kansas Opinion filed: October 19, 2001. SYLLABUS BY THE COURT 1. EMPLOYMENT SECURITY LAW — Statutes Applied. Kansas employment security statutes are discussed and applied. 2. EMPLOYER AND EMPLOYEE — […]

580 P.2d 1341 STATE OF KANSAS, Appellee, v. LOVE T. WILLIAMS, Appellant. No. 49,617Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape — Evidence of Victim’s Previous Sexual Conduct. In a prosecution for rape, the limitations on admission into evidence of previous sexual conduct of the […]

103 P.3d 993 DORSEY EX REL. DORSEY v. KANSAS DEPT. OF SOCIAL AND REHABILITATION SERVICES. No. 92,293.Court of Appeals of Kansas January 14, 2005. Appeal from the Shawnee. Decision without published opinion. Affirmed.

756 P.2d 1107 CRAIG VANN, Appellant, v. EMPLOYMENT SECURITY BOARD OF REVIEW and AEROQUIP CORPORATION, Appellees. No. 60,935Court of Appeals of Kansas Opinion filed June 24, 1988 SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Exhaustion of Administrative Remedy. When an administrative remedy is provided by statute, it must ordinarily be exhausted before a litigant […]

901 P.2d 536 In the Matter of M.K.D. No. 73,549Court of Appeals of Kansas Opinion filed August 25, 1995 SYLLABUS BY THE COURT 1. JUVENILE OFFENDERS CODE — Exclusion of Certain Juveniles from Jurisdiction of Code. K.S.A. 38-1602(b)(3) excludes certain juveniles from the jurisdiction of the juvenile offenders code by virtue of their prior adjudications. […]

504 P.2d 224 STATE OF KANSAS, Appellee, v. JEFFERSON SINGLETON, Appellant. No. 46,822Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Instruction on Unexplained Possession of Recently Stolen Property. Where the facts of an aggravated robbery have been otherwise placed in evidence the giving of an instruction […]

109 P.3d 1282 STATE OF KANSAS, Appellee, v. MICHAEL J. DUHON, Appellant. No. 91,985.Court of Appeals of Kansas. Opinion filed April 22, 2005. SYLLABUS BY THE COURT1. TRIAL — Jury Instructions — Appellate Review. When reviewing challenges to jury instructions, an appellate court must consider the instructions as a whole and not isolate one instruction. […]

424 P.2d 498 BETTY SMYTH, Appellant, v. CONSTANCE WINTERS SCHUBMEHL THOMAS et al., Appellees and Cross Appellants, and VICTORIA SUE SMYTH and ELIZABETH EVE SMYTH, Minors, Appellants. No. 44,437Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. WILLS — Ambiguity — Rules of Construction. Where some uncertainty or ambiguity appears […]

135 P.3d 1191 STATE OF KANSAS, Appellee, v. JASON MARTIN GUMFORY, Appellant. No. 94,575.Supreme Court of Kansas. Opinion filed June 9, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Probation — Revocation of Probation — Proof Required to Establish Probation Violation. To sustain an order revoking probation on the ground that a probationer […]

916 P.2d 1301 CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellant, v. BRIAN FITZGERALD and GREGORY PEDERZANI, Appellees. No. 73,759Court of Appeals of Kansas Opinion filed May 24, 1996 SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Initiative and Referendum. Kansas’ initiative and referendum statute, K.S.A. 12-3013, provides a procedure whereby a city’s electors […]

4 P.3d 604 In the Matter of the Marriage of DONNA J. SCHOBY, Appellee, and DAVID SCOTT SCHOBY, Appellant. No. 82,074.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Modification — Prospective Application — Court Must Approve Any Reduction in Support. Child support […]

104 P.3d 424 STATE OF KANSAS, Appellee, v. RONALD G. SINGLETON, Appellant. No. 92,638.Court of Appeals of Kansas. Opinion filed January 21, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — McAdam Decision Regarding Sentencing to Lesser Penalty When Two Crimes Have Identical Elements Not Retroactive to Final Decisions Prior to McAdam. State v. […]

85 P.3d 1208 STATE OF KANSAS, Appellee, v. SHAWNDELL MAYS, Appellant. No. 87,519.Supreme Court of Kansas. Opinion filed March 19, 2004. SYLLABUS BY THE COURT1. JUVENILE JUSTICE CODE — Certification of Juvenile to Be Tried as Adult — Appellate Review. The standard for appellate review of a district court decision to authorize prosecution of a […]

439 P.2d 73 RUBY WOOD, Appellant and Cross Appellee, v. J.W. GAUTIER and J.R. GAUTIER, Partners, d/b/a Gautier Implement Company, Appellees and Cross Appellants. No. 44,991Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Moot Question. This court will not decide issues where its judgment can […]

58 P.3d 706 STATE OF KANSAS, Appellant, v. MARK WILLIAM LONG, Appellee. No. 88,442Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Sufficiency of Charging Documents. The sufficiency of the charging document is measured by whether it contains the elements of the offense intended to be […]

803 P.2d 1027 In the Matter of HOWARD LEE LYDEN, Respondent. No. 07655Supreme Court of Kansas Opinion filed January 11, 1991. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Starting September 2, 1988, and continuing through October 1, 1990, ten complaints alleging unethical conduct were filed with the disciplinary administrator’s office against […]

713 P.2d 962 In the Matter of the Appeal of GEORGE ANGLE, d/b/a FRONTIER OIL COMPANY. No. 57,395Court of Appeals of Kansas Opinion filed January 30, 1986 Petition for review denied 239 Kan. 627. SYLLABUS BY THE COURT 1. TAXATION — Sales or Use Tax — Exemption Not Applicable to Certain Oil and Gas Equipment […]

378 P.2d 26 FRED ORTMANN, Guardian of the Estate of CHERYL ANN ORTMANN, a Minor, FRED H. ORTMANN, an Individual on His Own Behalf, and THEODORE C. GEISERT, Guardian Ad Litem for CHERYL ANN ORTMANN, a Minor, Appellants, v. ANNA KRAEMER, EDNA MAE LAVERENTZ, and CLARENCE LAVERENTZ, Appellees. No. 42,987Supreme Court of Kansas Opinion filed […]

62 P.3d 661 STATE OF KANSAS, Appellee, v. JAMES P. BLAIR, Appellant. No. 87,600.Court of Appeals of Kansas. Opinion filed October 4, 2002. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When analyzing a district court’s suppression of evidence, an appellate court reviews the factual underpinnings of a district court’s […]

646 P.2d 498 In the Matter of the Trust Estate of Mayme Harbaugh, Deceased PAULINE KATHRYN McCLARY, Appellee, v. PETE HAROLD HARBAUGH, Trustee-Appellant. No. 53,823Supreme Court of Kansas Opinion filed June 11, 1982. SYLLABUS BY THE COURT 1. TRUSTS — Termination — Consent of Beneficiaries. Unless continuation of a trust is necessary to carry out […]

970 P.2d 986 STATE OF KANSAS, Appellee, v. CALLIE JANE THOMAS, Appellant. No. 78,381Supreme Court of Kansas Opinion filed December 11, 1998. SYLLABUS BY THE COURT CRIMINAL LAW — Driving While License Suspended — Accused’s Knowledge of Suspended Status Required. An accused’s knowledge of his or her suspended status is an essential element of the […]

646 P.2d 468 W.D. MARTIN, Appellee, v. CUDAHY FOODS COMPANY, Appellant. No. 52,798Supreme Court of Kansas Opinion filed June 11, 1982. SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Accidental Injury Distinguished from Occupational Disease. In a workmen’s compensation appeal the record is examined and it is held that tenosynovitis resulting from a claimant’s employment is […]

21 P.3d 516 STATE OF KANSAS, Appellee, v. JEFFREY L. SCOTT, Appellant. No. 83,647Supreme Court of Kansas Opinion filed: April 20, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review on appeal is […]

528 P.2d 1242 STATE HIGHWAY COMMISSION OF KANSAS, Appellant, v. ETHEL E. STEELE, and RONALD W. STEELE, Appellees. No. 47,484Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Damage to Bridge — Governmental Function — Action Not Barred. In an action brought by the State Highway Commission […]

46 P.3d 1199 IN THE MATTER OF THOMAS CURTIS KELLEY, Respondent. Bar Docket No. 06969Supreme Court of Kansas Opinion filed: May 31, 2002 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated May 21, 2002, to the Clerk of the Appellate Courts, respondent, Thomas Curtis Kelley, an attorney admitted […]

241 P.2d 768 KATHERYN MARIE GILBERT, Appellee, v. MUTUAL BENEFIT HEALTH ACCIDENT ASSOCIATION, Appellant. GEORGE E. GILBERT, Appellee, v. MUTUAL BENEFIT HEALTH ACCIDENT ASSOCIATION, Appellant. Nos. 38,572 and 38,573, ConsolidatedSupreme Court of Kansas Opinion filed March 8, 1952. SYLLABUS BY THE COURT 1. INSURANCE — Solicitor Is Agent of Company, Not of Applicant. A soliciting […]

123 P.3d 740 WILLIE McIntosh, Appellant, v. SEDGWICK COUNTY, Appellee. No. 93,762.Court of Appeals of Kansas. Opinion filed December 9, 2005. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Benefits Reduced by Certain Retirement Benefits — Exception for Benefits Attributable to Employee’s Contributions. Under the workers compensation offset provision of K.S.A. 44-501(h), an employee’s workers compensation […]

458 P.2d 735 In re Leonard W. Pipkin, Jr.’s voluntary surrender of his certificate to practice law in the State of Kansas. Bar Docket No. 4186Supreme Court of Kansas Opinion canceling certificate filed July 24, 1969. Per Curiam: On October 21, 1968, Leonard W. Pipkin, Jr., voluntarily surrendered his license and right to practice law […]

840 P.2d 1118 STATE OF KANSAS, Appellee, v. ANDREW PEREZ, JR., Appellant. No. 66,814Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Trial Court’s Duty to Instruct on Theories of All Parties if Evidence Presented to Support Theories. In a criminal case, a trial court […]

33 P.3d 575 STATE OF KANSAS, Appellee, v. BRIAN BETTS, Appellant. No. 84,112Supreme Court of Kansas Opinion filed: October 26, 2001. SYLLABUS BY THE COURT 1. NEW TRIAL — Newly Discovered Evidence — Proof Required before New Trial Granted. Two requirements must be met before a trial court will grant the defendant’s motion for a […]

959 P.2d 901 In the Matter of MITCHELL B. TAYLOR, Respondent. No. 80,392Supreme Court of Kansas Opinion filed May 29, 1998 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed May 29, 1998. Published censure. Stanton A. Hazlett, disciplinary administrator, argued the cause and was […]

206 P.3d 40 SANTA ROSA KM ASSOCIATES, LTD., P.C., Appellant/Cross-appellee, v. PRINCIPAL LIFE INSURANCE COMPANY and PRINCIPAL REAL ESTATE INVESTORS, LLC, Appellees/Cross-appellants. No. 100,041.Court of Appeals of Kansas. Opinion filed: April 24, 2009. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Appellate Review. On review of the district court’s entry of summary judgment, the […]

366 P.2d 783 THOMAS WADE JARBOE, Appellant, v. VELMA ELLEN PINE, Appellee. No. 42,398Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT 1. AUTOMOBILES — Intersection Collision — Finding of Contributory Negligence — Motion for New Trial Denied — No Abuse of Discretion. The record in a damage action involving the […]