995 P.2d 372 STATE OF KANSAS, Appellee, v. MICHAEL PAUL PEREZ, Appellant. No. 80,739Court of Appeals of Kansas Opinion filed: December 30, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape Shield Statute — Relevant Evidence — Appellate Review. The rape shield statute, K.S.A. 21-3525, allows evidence of an alleged rape victim’s prior sexual […]
Category: Kansas Court Opinions
ANDREWS v. STATE, 280 Kan. 981 (2005)
Andrews v. State. No. 92,024.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
MARK TWAIN KANSAS CITY BANK v. KROH BROS. DEV., 14 Kan. App. 2d 714 (1990)
798 P.2d 511 MARK TWAIN KANSAS CITY BANK, Plaintiff/Appellee, and CONTINENTAL CONSTRUCTION ENGINEERS, Plaintiff/Appellant, v. KROH BROTHERS DEVELOPMENT CO., et al., Defendants, and JOSEPH J. FURMAN AND LAWRENCE H. FURMAN, P.C., Plaintiff/Appellant, v. KROH BROTHERS DEVELOPMENT CO., Defendant. No. 64,489Court of Appeals of Kansas Opinion filed September 21, 1990 Petition for review denied 248 Kan. […]
NOVA STYLINGS, INC. v. RED ROOF INNS, INC., 242 Kan. 318 (1987)
747 P.2d 107 NOVA STYLINGS, INC., Plaintiff, v. RED ROOF INNS, INC., Defendant. No. 60,849Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. INNKEEPERS — Liability for Loss of or Damage to Guest’s Property. K.S.A. 36-402, which applies to an innkeeper’s liability for the loss of or damage to a […]
MILL CREEK AG SERVICES, INC. v. DITMARS, 93,426 (Kan.App. 12-30-2005)
125 P.3d 590 MILL CREEK AG SERVICES, INC. v. DITMARS. No. 93,426.Court of Appeals of Kansas. December 30, 2005. Appeal from Washington. Decision without published opinion. Affirmed.
HENRY, ADMINISTRATOR v. STEWART, 203 Kan. 289 (1969)
454 P.2d 7 W.F. HENRY, Administrator of the Estates of Paul E. Findley and Lenna A. Findley, Decedents, Kiowa, Kansas, Plaintiff, v. CHARLES H. STEWART, Judge 24th Judicial District, Defendant. No. 45,612Supreme Court of Kansas Opinion filed April 28, 1969. SYLLABUS BY THE COURT 1. ACTIONS — Actions in State and Federal Courts — Stay […]
STATE v. SHADDEN, 290 Kan. 803 (2010)
STATE OF KANSAS, Appellee, v. RICHARD SHADDEN, Appellant. No. 97,457.Supreme Court of Kansas. Opinion filed: July 9, 2010. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Issue Not Raised before District Court — Appellate Review. Ordinarily an appellate court will not consider an issue on appeal not raised before the district court. 2. CRIMINAL LAW […]
BROYLES v. STATE, 90,533 (Kan.App. 10-1-2004)
98 P.3d 303 BROYLES v. STATE. No. 90,533.Court of Appeals of Kansas October 1, 2004. Appeal from the Greenwood. Decision Without Published Opinion. Affirmed.
IN RE ESTATE OF GRAHAM, 216 Kan. 770 (1975)
533 P.2d 1318 In the Matter of the Estate of William E. Graham, deceased, JAMES E. GRAHAM, Appellee, v. THE HOME STATE BANK As Administrator de bonis non Appellant. No. 47,636Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. WILLS — Ademption of Legacy. Ademption is the term used to […]
STATE v. MONTGOMERY, 34 Kan. App. 2d 549 (2005)
122 P.3d 392 STATE OF KANSAS, Appellee, v. ERMA JEAN MONTGOMERY, Appellant. No. 92,657.Court of Appeals of Kansas. Opinion filed October 21, 2005. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Appellate Review. Whether a criminal defendant was denied a speedy trial is a question of law over which an appellate court […]
STATE v. WASHINGTON, 206 Kan. 336 (1971)
479 P.2d 833 STATE OF KANSAS, Appellee, v. VERNON ROOSEVELT WASHINGTON, Appellant. No. 45,719Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unavailable Witness — Testimony at Preliminary Hearing — Cross-examination — Compliance with Confrontation Requirements. As an exception to the confrontation requirement of both the federal […]
STATE v. REX REISS, 45 Kan. App. 2d 85 (2010)
244 P.3d 693 STATE OF KANSAS, Appellee, v. REX REISS, Appellant. No. 102,071.Court of Appeals of Kansas. Opinion filed December 17, 2010. SYLLABUS BY THE COURTSEARCH AND SEIZURE — Brief Detention of Individual by Law Enforcement Officers Did Not Violate Fourth Amendment under Facts of Case. The Fourth Amendment to the United States Constitution forbids […]
STATE v. HARWICK, 220 Kan. 572 (1976)
552 P.2d 987 STATE OF KANSAS, Appellee, v. LARRY E. HARWICK, Appellant. No. 48,255Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Denno Hearing — Admissibility of Extrajudicial Statement Voluntarily Given — Acceptance by Appellate Court. When the trial court conducts a full preliminary inquiry on the […]
STATE v. SPAIN, 193 Kan. 1 (1964)
391 P.2d 1001 STATE OF KANSAS, Appellee, v. JACK I. SPAIN, Appellant. No. 43,139Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Entering Plea of Guilty by Counsel — Effect. Where the record in a criminal prosecution for a felony affirmatively shows that the defendant was actually present […]
SWINNEY v. WARD, 187 Kan. 746 (1961)
360 P.2d 193 SHIRLEY SWINNEY, a Minor, by JOHN W. SWINNEY, Her Father, Next Friend, and Natural Guardian, Appellant, v. JAMES EDWARD WARD, Appellee. No. 42,098Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT 1. NEGLIGENCE — Gross and Wanton Negligence Defined. Former decisions of this court have interpreted the phrase […]
IN RE MARRIAGE OF PEAK, 244 Kan. 662 (1989)
772 P.2d 775 In the Matter of the Marriage of GARY D. PEAK, Appellant, and LOIS ELAINE PEAK, Appellee. No. 62,115Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT PARENT AND CHILD — Child Support — Termination of Parental Support Obligation When Child Changes Permanent Residence. Language in Brady v. Brady, […]
STATE v. BOLIN, 266 Kan. 18 (1998)
968 P.2d 1104 STATE OF KANSAS Appellee, v. MICHAEL BOLIN, Appellant. STATE OF KANSAS, Appellee, v. MICHAEL WOODWARD, Appellant. Nos. 78,078, 78,257, 78,258Supreme Court of Kansas Opinion filed October 30, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Multiple Conviction Case. K.S.A. 21-4720(b) sets the procedure for determining sentences to be imposed […]
STATE v. ENRIQUEZ, 103,397 (Kan.App. 11-4-2011)
STATE OF KANSAS, Appellee, v. RODOLFO ENRIQUEZ, Appellant. No. 103,397Court of Appeals of Kansas Opinion filed: November 4, 2011. SYLLABUS BY THE COURT 1. When reviewing a trial court’s giving or failure to give a particular instruction in a case where the complaining party neither suggested the instruction nor objected to its omission, an appellate […]
STATE v. ROBERTSON, 225 Kan. 572 (1979)
592 P.2d 460 STATE OF KANSAS, Appellee, v. DALE A. ROBERTSON, Appellant. No. 50,056Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Robbery — Sufficiency of Evidence When Weapon Not Actually Seen by Victim. Where a robber put his hand in his coat pocket and pointed […]
COX v. STATE, 280 Kan. 981 (2005)
Cox v. State. No. 94,093.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
KIRKPATRICK v. OLATHE, 39 Kan. App. 2d 162 (2008)
178 P.3d 667 ESTATE OF ARCHIE KIRKPATRICK, Appellee, v. THE CITY OF OLATHE, KANSAS, Appellant, and COOK, FLATT STROBEL, ENGINEERS, P.A., Defendant. Nos. 96,229, 96,981.Court of Appeals of Kansas. Opinion filed March 7, 2008. SYLLABUS BY THE COURT1. CONDEMNATION — Inverse Condemnation — Determination of Whether Compensable Taking Exists Is question of Law — Appellate […]
McMURRAY v. CRAWFORD, 3 Kan. App. 2d 329 (1979)
594 P.2d 1109 GERALD R. McMURRAY, Appellee, v. AVIS CRAWFORD, Appellant. No. 49,800Court of Appeals of Kansas Opinion filed May 11, 1979 SYLLABUS BY THE COURT 1. REAL PROPERTY — Foreclosure — Execution of Mortgage as Security for Note by One Who Fails to Sign Note. One who joins in the execution of a real […]
STATE v. TEETER, 249 Kan. 548 (1991)
819 P.2d 651 STATE OF KANSAS, Appellant, v. FRED D. TEETER, Appellee. No. 66,050Supreme Court of Kansas Opinion filed October 25, 1991. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Warrantless Search — Constitutional Protections — Exception for Inventory Search of Lawfully Impounded Vehicle. Subject to a few specifically established and well-delineated exceptions, a […]
STATE v. DOUGLAS, 274 Kan. 96 (2002)
49 P.3d 446 STATE OF KANSAS Appellee, v. ROMANE R. DOUGLAS, Appellant. No. 86,740Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voir Dire — State’s Use of Peremptory Challenge — Allegation That State’s Strike of Potential Juror Was Racially Based — Appellate Review. Under Batson v. […]
RODGERS v. STATE, 197 Kan. 622 (1966)
419 P.2d 828 DAVID ROBERT RODGERS, JR., Appellant, v. STATE OF KANSAS, Appellee. No. 44,683Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Journal Entry — Motion Supported by Nomination of Witnesses — Error in Entering Cursory Order. The record in a proceeding […]
STATE v. BALRIDGE, 284 Kan. 947 (2007)
State v. Balridge. No. 95,758.Supreme Court of Kansas. October 1, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. SHORE, 35 Kan. App. 2d xx (2006)
State v. Shore. No. 94,542.Court of Appeals of Kansas. June 16, 2006. Appeal from the Stevens. Unpublished Opinions Affirmed.
STATE v. MUNSON, 276 Kan. 972 (2003)
STATE v. MUNSON. No. 87,795.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
STAR LUMBER SUPPLY CO. v. CAPITAL CONSTR. CO., 238 Kan. 743 (1986)
715 P.2d 11 STAR LUMBER SUPPLY CO., INC., Appellant, v. CAPITAL CONSTRUCTION COMPANY, INC.; CLARK A. OREBAUGH and SALLY L. OREBAUGH, Husband and Wife; JOHN D. MORRISON and SHELLEE K. MORRISON, Husband and Wife; JOHN A. SMITH; CHARLES B. SMITH and SANDRA KAY SMITH, Husband and Wife; and GEOFFREY B. PAYNE and CINDY L. PAYNE, […]
DECKER v. STATE, 291 Kan. XVII (2010)
Decker v. State. No. 102,422.Supreme Court of Kansas. January 18, 2011. Appeal from the Unpublished. Petitions For Review Of Decisions Of The Court Of Appeals Denied.
IN RE ESTATE OF SHIRK, 194 Kan. 671 (1965)
401 P.2d 279 In the matter of the Estate of Gertrude McCourt Shirk, (Deceased). BETTY SHIRK, Appellee, v. WILLIAM S. SHIRK, Executor, et al., Appellants. No. 43,925Supreme Court of Kansas Opinion denying motion for rehearing filed May 1, 1965. SYLLABUS BY THE COURT APPEAL AND ERROR — Review of Findings — Clear and Convincing Evidence […]
CONSUMERS CO-OP. ASS’N v. STATE COMM. OF REV. TAX., 174 Kan. 461 (1953)
256 P.2d 850 THE CONSUMERS CO-OPERATIVE ASSOCIATION, a Kansas Corporation, Appellant, v. THE STATE COMMISSION OF REVENUE AND TAXATION OF THE STATE OF KANSAS, Appellee. No. 38,921Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT 1. STATUTES — Construction with Other Statutes. The Kansas Retailers’ Sales Tax Act, G.S. 1949, 79-3601 […]
STATE v. GUINN, 94,114 (Kan.App. 12-23-2005)
124 P.3d 1084 STATE v. GUINN. No. 94,114.Court of Appeals of Kansas. December 23, 2005. Appeal from Finney. Decision without published opinion. Affirmed.
IN RE MARRIAGE OF BROWN, 279 Kan. 282 (2005)
109 P.3d 1212 In the Matter of the Marriage of R. WAYNE BROWN, Defendant/Appellee, and KATRINA BROWN, Plaintiff/Appellee. JOHN W. LEHECKA, Movant/Appellee, v. TIER TECHNOLOGIES, INC., d/b/a KANSAS PAYMENT CENTER, Respondent/Appellant. No. 90,307.Supreme Court of Kansas. Opinion Filed April 22, 2005. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. The standard of review […]
SELLINS v. AMERICAN STATES INS. CO., 278 Kan. 847 (2004)
SELLINS v. AMERICAN STATES INS. CO. No. 90,202.Supreme Court of Kansas. May 26, 2004. Reported below Unpublished. Petition for review denied.
STATE v. GRAHAM, 244 Kan. 194 (1989)
768 P.2d 259 STATE OF KANSAS, Appellee, v. RONALD GRAHAM, Appellant. No. 60,988Supreme Court of Kansas Opinion filed January 20, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Crimes Evidence — Admissibility of Evidence of Prior Drug Convictions to Show Material Fact Other Than Defendant’s Disposition to Commit a Crime. The admission of […]
STATE v. PENN, 271 Kan. 561 (2001)
23 P.3d 889 STATE OF KANSAS, Appellee, v. JAMES A. PENN, JR., Appellant. No. 84,278Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT 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 DILL, 252 Kan. 486 (1993)
845 P.2d 699 In The Matter of DONNA M. DILL, Respondent. No. 68,679Supreme Court of Kansas Opinion filed January 22, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — 1-year Suspension. Original proceeding in discipline. Opinion filed January 22, 1993. One-year suspension. Paula B. Martin, deputy disciplinary administrator, argued the cause, and […]
STATE v. INGRAM, 199 Kan. 16 (1967)
427 P.2d 500 STATE OF KANSAS, Appellee, v. LAWRENCE EUGENE INGRAM, Appellant. No. 44,611Supreme Court of Kansas Opinion denying motion for rehearing filed May 11, 1967. OPINION DENYING REHEARING Appeal from Wyandotte district court, division No. 4; WILLIAM H. McHALE, judge. Opinion denying motion for rehearing filed May 11, 1967. (For original opinion see State […]
BOLTON v. STATE, 280 Kan. 981 (2005)
Bolton v. State. No. 92,316.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. FRANKFORT, 286 Kan. 1182 (2008)
State v. Frankfort. No. 97,282.Supreme Court of Kansas. September 24, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. KUDA, 32 Kan. App. 2d xxxvii (2004)
State v. Kuda. No. 90,638.Court of Appeals of Kansas. May 28, 2004. Appeal from the Wyandotte. Unpublished Opinions Sentence vacated; remanded with directions.
TILLMAN v. STATE, 93,052 (Kan.App. 11-10-2005)
122 P.3d 420 TILLMAN v. STATE. No. 93,052.Court of Appeals of Kansas. November 10, 2005. Appeal from Leavenworth. Decision Without Published Opinion. Affirmed.
IN RE DAUGHERTY, 277 Kan. 257 (2004)
83 P.3d 789 In the Matter of TROY L. DAUGHERTY, Respondent. No. 91,009.Supreme Court of Kansas. Opinion filed January 30, 2004. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 30, 2004. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and was […]
FEDERAL LAND BANK OF WICHITA v. BOTT, 240 Kan. 624 (1987)
732 P.2d 710 THE FEDERAL LAND BANK OF WICHITA, Appellee, v. DELWIN BOTT, LOIS BOTT, HERMAN BOTT, and AMANDA BOTT, Appellants, and THE LINN STATE BANK, Defendant, and THE FEDERAL LAND BANK OF WICHITA, Appellee, v. HERMAN BOTT, AMANDA BOTT, DELWIN BOTT, and LOIS BOTT, Appellants, consolidated with THE FEDERAL LAND BANK OF WICHITA, Appellee, […]
CURRY v. STEWART, 189 Kan. 153 (1962)
368 P.2d 297 EDWIN M. CURRY, Appellee, v. EDGAR STEWART, aka E.C. Stewart, KENTON STEWART, aka K.S. Stewart, and OSCAR STEWARD, aka O.H. Stewart, d/b/a GLOBE CONSTRUCTION COMPANY, Appellants. No. 42,412Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT PARTNERSHIPS — Action to Rescind Dissolution Agreement — Excessive Use of Alcohol […]
IN RE CARE TREATMENT OF MILES, 42 Kan. App. 2d 471 (2009)
213 P.3d 1077 IN THE MATTER OF THE CARE AND TREATMENT OF JIMMY W. MILES. No. 100,687.Court of Appeals of Kansas. Opinion filed: August 21, 2009. SYLLABUS BY THE COURT1. SEXUALLY VIOLENT PREDATOR ACT — Assistance of Counsel — Appointment of Counsel for Indigent Persons. At all stages of the proceedings under K.S.A. 59-29a01 et […]
LEFFEL v. KANSAS DEPT. OF REVENUE, 36 Kan. App. 2d 244 (2006)
138 P.3d 784 JAMES LEFFEL, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 93,897.Court of Appeals of Kansas. Opinion filed July 21, 2006. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Driver’s License Suspension — Appellate Court Review of District Court’s Review of Agency’s Ruling. When reviewing a trial court’s ruling in a driver’s license suspension […]
STATE v. RHODEMAN, 35 Kan. App. 2d xix (2006)
State v. Rhodeman. No. 94,506.Court of Appeals of Kansas. April 21, 2006. Appeal from the Saline. Unpublished Opinions Appeal dismissed.
SUMNER v. MEIER’s READY MIX, 281 Kan. 1382 (2006)
Sumner v. Meier’s Ready Mix. Inc. No. 93,546.Supreme Court of Kansas. May 9, 2006. Appeal from the 34 Kan. App. 2d 850 Unpublished. Petitions for Review of Decisions of the Court of Appeals Granted.
STATE v. BURDEN, 275 Kan. 934 (2003)
69 P.3d 1120 STATE OF KANSAS, Appellee, v. GERRY A. BURDEN, Appellant. No. 85,731.Supreme Court of Kansas Opinion filed June 6, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Kidnapping — “Taking” or “Confining” Victim Construed. A taking or confinement under K.S.A. 21-3420 requires no particular distance of removal, nor any particular time or place […]
CITY OF KANSAS CITY v. TIPTON, 193 Kan. 651 (1964)
396 P.2d 350 THE CITY OF KANSAS CITY, KANSAS, Appellant, v. RAYMOND P. TIPTON, Appellee. THE CITY OF KANSAS CITY, KANSAS, Appellant, v. RICHARD SHORTINO, Appellee. THE CITY OF KANSAS CITY, KANSAS, Appellant, v. ROBERT E. MALONEY, Appellee. THE CITY OF KANSAS CITY, KANSAS, Appellant, v. DONALD CARL REYNOLDS, Appellee. THE CITY OF KANSAS CITY, […]
DAVIS v. BEST CABS, INC., 203 Kan. 930 (1969)
457 P.2d 516 ELMER DAVIS and CARMEN CRUZ, Appellees, v. BEST CABS, INC. and ESTHER L. AULTMAN, Appellants, (Oscar L. Jason, Third Party Defendant). No. 45,614Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Modifying Pretrial Conference Order — Judicial Discretion. The power to modify orders properly […]
DAVENPORT PASTURE v. BD. OF MORRIS CTY. COMM’RS, 31 Kan. App. 2d 217 (2003)
62 P.3d 699 DAVENPORT PASTURE, LP, Appellee, v. MORRIS COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant. No. 87,768.Court of Appeals of Kansas. Opinion filed February 7, 2003. SYLLABUS BY THE COURT1. JUDGMENTS — Appellate Review of Administrative Agency Action. K.S.A. 60-2101(d) provides that a judgment rendered or final order made by a political subdivision or any […]
STATE, EX REL., v. UNIFIED SCHOOL DISTRICT, 218 Kan. 47 (1975)
542 P.2d 664 THE STATE OF KANSAS, ex rel., KEITH SANBORN, District Attorney of the 18th Judicial District and on behalf of HELEN V. WOODMAN, Election Commissioner of Sedgwick County, Appellee, v. UNIFIED SCHOOL DISTRICT 259, JO BROWN, DANIEL GLICKMAN, ROBERT M. KOEPKE, DON L. MILLER, GARY N. POTTORFF, RUBY TATE, EVELYN WHITCOMB and ROBERT […]
LIBEL v. UNION, 280 Kan. 983 (2006)
Libel v. Union Pacific Railroad. No. 92,696.Supreme Court of Kansas. September 22, 2005. Appeal from the 33 Kan. App. 2d 853. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE EX REL. GRAEBER v. MARION COUNTY LANDFILL, INC., 276 Kan. 328 (2003)
76 P.3d 1000 STATE OF KANSAS ex rel. CLYDE D. GRAEBER, SECRETARY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENT, Plaintiff/Appellee, v. MARION COUNTY LANDFILL, INC., Defendant/Appellee, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MARION, KANSAS, Defendant/Appellant. No. 88,646.Supreme Court of Kansas. Opinion filed September 19, 2003. SYLLABUS BY THE COURT1. STATUTES — […]
WINSOR v. HARTFORD FIRE INS. CO., 6 Kan. App. 2d 397 (1981)
628 P.2d 1076 EARL P. WINSOR, Appellee, v. HARTFORD FIRE INSURANCE COMPANY, Appellant. No. 51,746Court of Appeals of Kansas Opinion filed May 29, 1981 Petition for review denied July 15, 1981. SYLLABUS BY THE COURT 1. INSURANCE — Homeowner’s Policy — Theft Exclusions — “Temporarily Residing” Construed. The plain and ordinary meaning of the phrase […]
WAGNER v. SUNRAY MID-CONTINENT OIL CO., 182 Kan. 81 (1957)
318 P.2d 1039 EMMA WAGNER, ARLYN R. MILLER, HOWARD WAGNER, and PHILLIP DALE WAGNER, Appellees, v. SUNRAY MID-CONTINENT OIL COMPANY, Successor to Mid-Continent Petroleum Corporation; L.W. SCHNEIDER and H.R. WOODWARD, Appellants. No. 40,671Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Mineral Deed — Termination for […]
STATE v. LARRISON, 35 Kan. App. 2d xviii (2006)
State v. Larrison. No. 94,836.Court of Appeals of Kansas. June 2, 2006. Appeal from the Atchison. Unpublished Opinions Affirmed.
IN RE SCAMMAN, 260 Kan. 1 (1996)
916 P.2d 43 In the Matter of GEORGE E. SCAMMAN, Respondent. Bar Docket No. 13148Supreme Court of Kansas Opinion filed May 8, 1996. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated April 3, 1996, to the Clerk of the Appellate Courts, respondent George E. Scamman, of Kansas City, […]
STATE v. SEXTON, 256 Kan. 344 (1994)
886 P.2d 811 STATE OF KANSAS, Appellee, v. STEPHEN D. SEXTON, Appellant. No. 69,512Supreme Court of Kansas Opinion filed December 9, 1994. SYLLABUS BY THE COURT 1. EVIDENCE — Admissible Evidence Independent of K.S.A. 60-455 — Relevancy of Evidence. The primary test for determining whether evidence is admissible independently of K.S.A. 60-455 is its relevancy […]
BARRETT v. HAND, 181 Kan. 916 (1957)
317 P.2d 412 JONIE BARRETT, Petitioner, v. TRACY HAND, Warden, Kansas State Penitentiary, Respondent. No. 40,537Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Failure to Endorse Witnesses — Defect Nonjurisdictional — Waiver. In a criminal prosecution failure to endorse the names of the witnesses known […]
RUDOY v. STATE, 281 Kan. 1379 (2006)
Rudoy v. State. No. 91,863.Supreme Court of Kansas. March 28, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
IN RE ESTATE OF SATTLER, 91,357 (Kan.App. 12-23-2004)
102 P.3d 503 IN RE ESTATE OF SATTLER. No. 91,357.Court of Appeals of Kansas December 23, 2004. Appeal from Lyon. Decision Without Published Opinion. Affirmed.
STATE v. STRUBE, 36 Kan. App. 2d xxv (2006)
State v. Strube. No. 95,492.Court of Appeals of Kansas. November 17, 2006. Appeal from the Jackson. Unpublished Opinions Affirmed in part; dismissed in part.
HURLEY v. PAINTER, 182 Kan. 731 (1958)
324 P.2d 142 JOSEPH HURLEY and HENRY J. ZIEMBA, Appellants, v. J.H. PAINTER, et al., Defendants; EMMETT FARRELL, Appellee. No. 40,860Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT EVIDENCE — Action to Establish Oral Gift — Transactions with Deceased Person — Admissibility — Rulings. In an action to establish an […]
STATE v. PENNINGTON, 288 Kan. 599 (2009)
205 P.3d 741 STATE OF KANSAS, Appellee, v. REGINALD PENNINGTON, Appellant. No. 100,261.Supreme Court of Kansas. Opinion filed April 17, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Illegal Sentence — Correction of Sentence — Appellate Review. K.S.A. 22-3504 only applies if a sentence is illegal. Whether a sentence is illegal is a […]
IN RE TAX APPEAL OF LIETZ CONSTRUCTION CO., 273 Kan. 890 (2002)
47 P.3d 1275 IN THE MATTER OF THE APPLICATION OF LIETZ CONSTRUCTION CO. FOR EXEMPTION FROM AD VALOREM TAXATION IN WABAUNSEE COUNTY, KANSAS No. 86,987Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Review of Agency Action — Burden of Proving Invalidity of Agency Action. The […]
STATE v. ADAMS, 35 Kan. App. 2d 439 (2006)
131 P.3d 556 STATE OF KANSAS, Appellee, v. CHARLES ADAMS, Appellant. No. 93,640.Court of Appeals of Kansas. Opinion filed April 7, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Constitutional Challenge to Admission of Evidence — Appellate Review. When faced with a constitutional challenge to the admission of evidence, an appellate court applies the […]
MUTUAL SAVINGS ASS’N v. RES/COM PROPERTIES, 277 Kan. 924 (2004)
MUTUAL SAVINGS ASS’N v. RES/COM PROPERTIES. No. 89,924.Supreme Court of Kansas. February 10, 2004. Reported below 32 Kan. App. 2d 48. Petition for review denied.
ANASTASI v. McALLISTER, 189 Kan. 390 (1962)
369 P.2d 244 CHESTER ANASTASI, Appellee, v. HAROLD McALLISTER, Appellant. No. 42,586Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. AUTOMOBILES — Collision with Wrecker — Error in Denying Directed Verdict — Judgment by Appellate Court. Where well-lighted automobile wrecker was properly placed at night on a highway in an […]
STATE v. FOSTER, 259 Kan. 198 (1996)
910 P.2d 848 STATE OF KANSAS, Appellee, v. LEONARD C. FOSTER, Appellant. No. 71,198Supreme Court of Kansas Opinion filed February 9, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — Closing Argument — Harmless Error. Improper remarks made in closing argument are grounds for reversal only when they are so gross and […]
DAVISON v. STATE, 283 Kan. 930 (2007)
Davison v. State. No. 95,264.Supreme Court of Kansas. February 13, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
WOODBERRY v. STATE, 33 Kan. App. 2d 171 (2004)
101 P.3d 727 THOMAS WOODBERRY, Appellant, v. STATE OF KANSAS, Appellee. No. 90,114.Court of Appeals of Kansas. Opinion filed February 13, 2004. Petition for review denied 278 Kan. 852 (2004). SYLLABUS BY THE COURT1. EQUITY — Laches. The doctrine of laches is an equitable principle designed to bar stale claims. When a party neglects to […]
IN RE SMITH, 244 Kan. 730 (1989)
771 P.2d 931 In the Matter of WILLIAM VAN HORN SMITH, Respondent. No. 63,251Supreme Court of Kansas Opinion filed April 14, 1989. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed April 14, 1989. Indefinite suspension. Bruce E. Miller, disciplinary administrator, argued the cause for […]
GREEN v. KENSINGER, 199 Kan. 220 (1967)
429 P.2d 95 R.C. GREEN, Appellant, v. HUBERT KENSINGER, Appellee. No. 44,774Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. LIMITATION OF ACTIONS — Actions Originating in Another State Between Nonresidents — Law Where Action Arose Governs. An exception to the general rule that the law of the forum governs […]
HUTCHENS v. VYNE AT CRESTVIEW, 91,932 (Kan.App. 1-14-2005)
103 P.3d 993 HUTCHENS v. VYNE AT CRESTVIEW. No. 91,932.Court of Appeals of Kansas January 14, 2005. Appeal from the Workers Compensation Board. Decision without published opinion. Affirmed.
STATE v. TURLEY, 17 Kan. App. 2d 484 (1992)
840 P.2d 529 STATE OF KANSAS, Appellee, v. MARVIN E. TURLEY, Appellant. No. 66,817Court of Appeals of Kansas Opinion filed October 9, 1992 Petition for review denied 252 Kan. ___ (December 23, 1992). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Imprisonment for Crime Involving Firearm — Mandatory Imprisonment unless Manifest Injustice Would Result. Imprisonment […]
IN RE EDEN, 216 Kan. 784 (1975)
533 P.2d 1222 In re: The dependency and neglect and custody of minor children: BONNIE J. EDEN, A Minor, CONNIE Y. EDEN, A Minor, TERRY LEE EDEN, A Minor. No. 47,643Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody of Minor Children — No Finding […]
NATIONAL EDUCATION ASSOCIATION v. BOARD OF EDUCATION, 212 Kan. 741 (1973)
512 P.2d 426 NATIONAL EDUCATION ASSOCIATION OF SHAWNEE MISSION, INC., Appellant and Cross-Appellee, v. BOARD OF EDUCATION OF SHAWNEE MISSION UNIFIED SCHOOL DISTRICT NO. 512, JOHNSON COUNTY, KANSAS, Appellee and Cross-Appellant. No. 46,949Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. SCHOOLS — Professional Negotiations Act — Parties Required to […]
HULTBERG v. PHILLIPPI, 169 Kan. 610 (1950)
220 P.2d 208 MRS. MINNIE HULTBERG, (EVART MILLS, Administrator of the Estate of MINNIE HULTBERG, Deceased), Appellee and Cross-Appellant, v. RUTH PHILLIPPI, Appellant and Cross-Appellee. IOWA HOME MUTUAL CASUALTY COMPANY, Garnishee. No. 37,944Supreme Court of Kansas Opinion filed July 8, 1950. SYLLABUS BY THE COURT 1. TRIAL — General and Specific Findings — Inconsistency. An […]
STATE v. DANG, 267 Kan. 198 (1999)
978 P.2d 277 STATE OF KANSAS, Appellant, v. CUONG DANG, Appellee. No. 81,289Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Miranda Warnings — Admissibility of Defendant’s Statements Made Prior to Miranda Warning. Failure to administer Miranda warnings creates a presumption of compulsion and requires that unwarned […]
PHILLIPS v. TYLER, 35 Kan. App. 2d 256 (2006)
129 P.3d 656 WILLIAM L. and JEANINE L. PHILLIPS, Appellees, v. G. RONALD TYLER and LINDA S. TYLER, Appellants. No. 93,146.Court of Appeals of Kansas. Opinion filed March 10, 2006. SYLLABUS BY THE COURT1. CONTRACTS — Written Contract — Construction — Appellate Review. The interpretation and legal effect of written instruments are matters of law, […]
SUTTON CORPORATION v. McMAKEN TRANSFER CO., 171 Kan. 485 (1951)
233 P.2d 717 O.A. SUTTON CORPORATION, a Corporation, Appellee, v. McMAKEN TRANSFER COMPANY, a Corporation, Appellant. No. 38,380Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT CARRIERS — Bill of Lading — Inspection — Restriction as to Inspection May be Waived. A provision in a bill of lading that inspection will […]
WILKINS v. STATE, 32 Kan. App. 2d xlv (2004)
Wilkins v. State. No. 90,182.Court of Appeals of Kansas. February 13, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
STATE v. DAVIS, 284 Kan. 947 (2007)
State v. Davis. No. 93,691.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. MORLOCK, 40 Kan. App. 2d 216 (2008)
190 P.3d 1002 STATE OF KANSAS, Appellee, v. RONNIE MORLOCK, Appellant. No. 97,447.Court of Appeals of Kansas. Opinion filed August 29, 2008. SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Lawfulness of Search and Seizure — State’s Burden of Proof. The State has the burden of proving that a search and seizure was lawful. 2. […]
STATE v. BROWN, 230 Kan. 499 (1982)
638 P.2d 912 STATE OF KANSAS, Appellee, v. THOMAS E. BROWN, JR., Appellant. No. 52,936Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Robbery — Circumstantial Evidence That Someone Other Than Defendant Committed Crime — Cautionary Instruction on Eyewitness Identification. The record on appeal is examined in […]
IN RE EVANS, 248 Kan. 176 (1991)
804 P.2d 344 In the Matter of WILLIS BOYD EVANS, JR., Respondent. No. 65,013Supreme Court of Kansas Opinion filed January 18, 1991. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Probation. Original proceeding in discipline. Opinion filed January 18, 1991. Two-year probation. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause […]
STATE v. BOYLE, 207 Kan. 833 (1971)
486 P.2d 849 STATE OF KANSAS, Appellant, v. MICHAEL H. BOYLE, Appellee. No. 46,421Supreme Court of Kansas Opinion filed July 12, 1971. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Waiver of Constitutional Immunity by Consent. It is a settled rule of law in both the federal and state courts that the constitutional immunity […]
STATE v. PERRY, 93,830 (Kan.App. 8-26-2005)
118 P.3d 178 STATE v. PERRY. No. 93,830.Court of Appeals of Kansas. August 26, 2005. Appeal from Saline. Decision without published opinion. Affirmed.
STATE v. HINKLE, 176 Kan. 152 (1954)
269 P.2d 465 STATE OF KANSAS, Appellee, v. EDNA MAE HINKLE, alias EDNA MAE SPRATT, Appellant. No. 39,361Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony — Trial and Presence of Defendant. In the trial of one charged with a felony the court did not err […]
LANNING, ADMINISTRATOR v. GOLDSBERRY, 177 Kan. 419 (1955)
280 P.2d 954 HARRY A. LANNING, Administrator of the Estate of Walter Scott Goldsberry, Deceased, Appellant, v. CLAUDE EUGENE GOLDSBERRY, Appellee. No. 39,505Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT DEEDS — Action to Set Aside — Gift Inter Vivos — Sufficiency of Evidence. Examining the record in an action […]
REYNA v. GENERAL GROUP OF COMPANIES, 15 Kan. App. 2d 591 (1991)
814 P.2d 961 RICHARD REYNA, Appellant, v. GENERAL GROUP OF COMPANIES, KANSAS, INC., et al., Appellees. No. 64,277[1] Court of Appeals of Kansas Opinion filed February 15, 1991 Petition for review denied 248 Kan. 996 (1991). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an […]
WATSON v. DICKEY CLAY MFG. CO., 202 Kan. 366 (1969)
450 P.2d 10 CLARENCE WATSON, Appellee, v. W.S. DICKEY CLAY MANUFACTURING COMPANY, INC. and WILLIAM SCHARTZ, Appellants. No. 45,186Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Common Law Action — Statutory Employee — Fellow Employee. In a common law action for damages resulting from personal injuries […]
SHIPE v. PUB. WHSL. WATER SUP. DIST. NO. 25, 289 Kan. 160 (2009)
GREGORY A. SHIPE and CHARLEE G. (GLINKA) SHIPE, Appellants, v. PUBLIC WHOLESALE WATER SUPPLY DISTRICT NO. 25, a Quasi-municipal Corporation, Appellees. No. 100,556.Supreme Court of Kansas. Opinion filed June 26, 2009. SYLLABUS BY THE COURT1. JURISDICTION — Existence of Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which an appellate […]
FREY, INC. v. CITY OF WICHITA, 11 Kan. App. 2d 116 (1986)
715 P.2d 417 FREY, INC., a Kansas Corporation, Appellee/Cross-Appellant, v. THE CITY OF WICHITA, KANSAS; THE BOARD OF COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, et al., Defendants, and THE FIFTH DISTRICT HOMEOWNER’S ASSOCIATION, an Unincorporated Association, by ROBERT SUMMERS, an Individual Homeowner, Intervenor-Appellant/Cross-Appellee. No. 57,701Court of Appeals of Kansas Opinion filed March 13, 1986 […]
IN RE KROGH, 259 Kan. 163 (1996)
910 P.2d 221 In the Matter of RICHARD ALAN KROGH, Respondent. No. 74,818Supreme Court of Kansas Opinion filed January 26, 1996. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 26, 1996. Published censure. Marty M. Snyder, deputy disciplinary administrator, argued the cause, and […]
CITY OF NORTON v. WONDERLY, 286 Kan. 1176 (2008)
City of Norton v. Wonderly. No. 97,889.Supreme Court of Kansas. May 28, 2008. Appeal from the 38 Kan. App. 2d 797. Petition for Review of Decision of the Court of Appeal Denied.