Category: Kansas Court Opinions

823 P.2d 190 STATE OF KANSAS, Appellee, v. GARY W. BROWN, Appellant. No. 65,873Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — New Trial — Trial Court Discretion — Appellate Review. The granting of a new trial is a matter of trial court discretion and, as […]

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. […]

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 […]

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 […]

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 […]

249 P.3d 1214 DAVID CROWTHER, Appellant, v. STATE OF KANSAS, Appellee. No. 102,923.Court of Appeals of Kansas. Opinion filed March 25, 2011. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Claims Not Raised Deemed Waved or Abandoned. Claims not raised on appeal are deemed waived or abandoned. 2. HABEAS CORPUS — K.S.A. 60-1507Motion — Summary Denial […]

192 P.3d 1121 KIRK T. WILSON, Appellant, v. STATE OF KANSAS, Appellee. No. 99,150.Court of Appeals of Kansas. Opinion filed August 22, 2008. SYLLABUS BY THE COURT1. HABEAS CORPUS — K.S.A. 60-1507 Motion — District Court’s Options When Ruling on Motion. When a district court is presented with a K.S.A. 60-1507 motion, it may determine […]

935 P.2d 233 FARMERS STATE BANK, SIMPSON, KANSAS, Appellee, v. FFP OPERATING PARTNERS, L.P., Appellant. No. 75,660Court of Appeals of Kansas Opinion filed: March 28, 1997 SYLLABUS BY THE COURT 1. CONVERSION — Defined. Conversion is the unauthorized assumption of right of ownership over personal property belonging to another. 2. UNIFORM COMMERCIAL CODE — Security […]

605 P.2d 105 IN THE MATTER OF THE DUE PROCESS HEARING OF JESSIE MAE GILLETT, Appellee, v. UNIFIED SCHOOL DISTRICT No. 276, JEWELL COUNTY, KANSAS, Appellant. No. 50,126Supreme Court of Kansas Opinion filed January 19, 1980. SYLLABUS BY THE COURT 1. SCHOOLS — Teachers’ Contracts — Termination or Nonrenewal — Grounds for Dismissal. Under the […]

597 P.2d 1226 MARVIN C. WHITE, Appellant, v. GOODVILLE MUTUAL CASUALTY COMPANY, Appellee. No. 49,690Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. AUTOMOBILES — Insurance — Original Party to Lawsuit. The general rule, unless otherwise provided by statute or the insurance policy itself, is that an automobile insurance company […]

573 P.2d 1087 STATE OF KANSAS, Appellee, v. VERLIE ARNOLD, JR., Appellant. No. 48,801Court of Appeals of Kansas Opinion filed October 28, 1977 Petition for review granted; see 223 Kan. 715. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Instruction on Circumstantial Evidence, Reasonable Doubt. An instruction on circumstantial evidence is unnecessary where proper instructions […]

470 P.2d 797 M.P. YEAGER, Appellee, v. NATIONAL COOPERATIVE REFINERY ASSOCIATION, a corporation, Appellant, v. W.R. YEAGER, Appellee. No. 45,696Supreme Court of Kansas Opinion filed June 13, 1970. SYLLABUS BY THE COURT 1. OIL AND GAS — Invalid Lease — Effect of Recovery of Royalty Payments. An oil and gas lease which, in legal proceedings, […]

608 P.2d 1306 WILLIAM FAUCETT and TERRY FAUCETT d/b/a QUALITY AUTO MART, Plaintiff-Appellee, v. ALICE M. KIRK and BRYNA H. KIRK, a minor, Defendant-Cross-Claimant and Appellee, v. ELLEN G. VAN KAM CUNNINGHAM, Cross-Defendant-Appellant. No. 50,388Supreme Court of Kansas Opinion filed April 5, 1980. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Attorney Fees Taxed as […]

357 P.2d 793 EDITH KRENTZ and KILLIAN KRENTZ, Appellants, v. WAYNE HANEY and MARGARET J. HANEY, Appellees. No. 41,965Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT NEGLIGENCE — Contributory Negligence as Matter of Law — When Jury Question. In determining whether as a matter of law a plaintiff is guilty […]

853 P.2d 34 STATE OF KANSAS, Appellee, v. FRIO JOHNSON, Appellant. No. 67,829Supreme Court of Kansas Opinion filed May 28, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Stop and Frisk of Individual by Law Officer. Without making an arrest, a law enforcement officer may stop any person in a public place whom such […]

578 P.2d 266 UARCO, INCORPORATED, Appellee, v. JOHN H. OSBORNE, Appellant. No. 49,391Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT CIVIL PROCEDURE — Injunction — Contempt of Violation of Injunction — Sanctions. In an appeal from a finding of contempt for violation of an injunction, the record is examined and […]

811 P.2d 58 HELEN SNODGRASS, Individually and as Administrator of the Estate of MARION E. SNODGRASS, deceased, Appellee/Cross-Appellant, v. LYNDON STATE BANK, Defendant, and MARTHELLE KELLER, Appellant/Cross-Appellee. No. 65,777Court of Appeals of Kansas Opinion filed May 10, 1991 SYLLABUS BY THE COURT PROBATE CODE — Payable-on-death Account — Exclusion of Account from Provisions of Probate […]

845 P.2d 654 STATE OF KANSAS, Appellee, v. DELBERT R. McBROOM, JR., Appellant. No. 67,496Supreme Court of Kansas Opinion filed January 22, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offenses — Trial Court Duty to Instruct. K.S.A. 21-3107(3) establishes the trial court’s duty concerning instructions for lesser crimes. […]

428 P.2d 833 BILL GRAY, Appellee, v. A.L. BELLER and HOME INDEMNITY COMPANY, Appellants. No. 44,832Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Accident Arising Out of Employment — Extent of Appellate Review. Under the Workmen’s Compensation Act the district court’s determination as to whether a […]

819 P.2d 655 SHAWN A. LEIKER et al., Plaintiffs, v. WENDELL P. GAFFORD, Defendant/Appellee; PROFESSIONAL ANESTHESIA, INC., A CORPORATION, Defendant/Appellant; GEORGE W. MARSHALL, M.D.; HARRIS, HODGES MARSHALL, CHTD., A PROFESSIONAL CORPORATION; AND ABBOTT LABORATORIES, A CORPORATION, Defendants, and RONALD TODD, COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS, ADMINISTRATOR OF THE HEALTH CARE STABILIZATION FUND, […]

390 P.2d 1017 ETHEL R. CHADWICK, Appellee, v. THE EMPLOYMENT SECURITY BOARD OF REVIEW and SOUTHWESTERN BELL TELEPHONE CO., INC., a Corporation, Appellants. No. 43,560Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT 1. UNEMPLOYMENT COMPENSATION — Benefits — Eligibility Conditions. G.S. 1961 Supp., 44-705(c), provides that an unemployed person shall […]

455 P.2d 574 BERNARD C. TALMAN, Appellee, v. SYLVIA F. TALMAN, Appellant. No. 45,365Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT DIVORCE — Corroborated Testimony — Alimony and Child Support — No Abuse of Discretion. The record in an action for divorce is examined and, under the facts and circumstances […]

515 P.2d 1080 MARY S. GILL, Appellee, v. HUGH W. GILL, JR., Appellant. No. 47,084Supreme Court of Kansas Opinion filed November 3, 1973. MEMORANDUM OPINION DIVORCE — Allowance of Alimony — No Abuse of Discretion. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Opinion filed November 3, 1973. Affirmed. Orlin L. […]

205 P.3d 715 ALBERT H. NELSON, III, and MARKEYTA NELSON DEWEY, Appellants, v. DORIS H. NELSON; OKLAHOMA STATE UNIVERSITY FOUNDATION, an Oklahoma Non-profit Corporation; WICHITA STATE UNIVERSITY FOUNDATION, a Kansas Non-profit Corporation; and MARKEYTA NELSON DEWEY, in her capacity as Successor Trustee of the ALBERT H. NELSON, JR., IRREVOCABLE TRUST, Appellees. No. 97,664.Supreme Court of […]

391 P.2d 123 STATE OF KANSAS, Appellee, v. VIRGIL EUGENE KELLY, Appellant. No. 42,457Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Insanity at Time of Trial — Duty of Trial Court. It is the policy of the law of this state not to try persons while […]

422 P.2d 894 PAT KENRECK, Appellant, v. STATE OF KANSAS, Appellee. No. 44,372Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion for New Trial — Voluntary Absence of Defendant — Ruling on Motion. Where a defendant, after conviction, files a motion for a new trial and […]

334 P.2d 315 GEORGE W. HOY and ETHEL HOY, Appellants, v. KANSAS TURNPIKE AUTHORITY, Appellee. No. 41,144Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT EMINENT DOMAIN — Evidence as Compensation — Admissibility — Instructions. The Kansas Turnpike Authority commenced condemnation proceedings to acquire a portion of its right of way […]

493 P.2d 196 THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee, v. ELDON E. BULLARD, et al., Defendants, and LAURENCE SCUDDER, Intervenor Appellant. No. 46,186Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Nature of Proceedings. Proceedings in eminent domain instituted pursuant to K.S.A. 26-501, et seq., as […]

104 P.3d 433 STATE v. JOHNSON. No. 91,750.Court of Appeals of Kansas January 21, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

100 P.3d 628 BAKER v. STATE. No. 91,263.Court of Appeals of Kansas November 19, 2004. Appeal from the Douglas. Decision without published opinion. Affirmed.

676 P.2d 90 WILLIAM EARL GOBEN, Appellant, v. BERNARD L. BARRY and UNITED PETROLEUM, INC., Appellees. No. 55,515Supreme Court of Kansas Opinion filed January 13, 1984. SYLLABUS BY THE COURT 1. JOINT VENTURE — Definition. A joint venture is defined as an association of persons with intent, by way of contract, express or implied, to […]

942 P.2d 62 THREE TEN ENTERPRISES, INC., FOAM FORM, A LIMITED PARTNERSHIP, Appellee/Cross-Appellant, v. STATE FARM FIRE CASUALTY COMPANY, Appellant/Cross-Appellee. No. 75,483Court of Appeals of Kansas Opinion filed July 11, 1997. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Long Arm Statute — Personal Jurisdiction over Nonresident Defendant — Constitutional Considerations. The Kansas long arm […]

473 P.2d 72 HERMAN NEELEY, Appellant, v. BOARD OF TRUSTEES, POLICEMEN’S AND FIREMEN’S RETIREMENT SYSTEM, CITY OF WICHITA, Appellee. No. 45,789Supreme Court of Kansas Opinion filed July 17, 1970. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — Appeal from an Administrative Agency — No Trial De Novo. On appeal from a decision of an administrative […]

933 P.2d 771 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF HARVEY, KANSAS, Appellant, v. DONNA WHITEMAN, SECRETARY OF KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee. No. 75,268Court of Appeals of Kansas Opinion filed March 7, 1997. SYLLABUS BY THE COURT 1. MANDAMUS — Application — County May Not Invoke Mandamus to Resolve […]

981 P.2d 256 REGENCY PARK, LP, et al., Plaintiffs/Appellants, v. CITY OF TOPEKA, KANSAS, Defendant/Appellee. TARWATER, INC. et al., Plaintiffs/Appellants, v. CITY OF TOPEKA, KANSAS, Defendant/Appellee. Nos. 80,805 80,806Supreme Court of Kansas Opinion filed June 4, 1999. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Invalid Ordinance — Legal Effect of Prior District Court […]

375 P.2d 622 J.A. TUGGLE, Appellee, v. JOE C. JOHNSON, Defendant, JANE NAIL, Formerly Known As Carrol J. Johnson, Appellant, MARION BARLOW, d.b.a. The Barlow Agency, Appellee. No. 42,677Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT 1. PLEADING — Verification — Waiver by Pleading Over. Where in an action in […]

339 P.2d 65 MARIE GARDNER, Appellant, v. MARVIN SPURLOCK and GEORGIA SPURLOCK, Appellees. No. 41,339Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. CONTRACTS — Rule of Construction — Judicial Function. The interpretation of a written contract, free from ambiguity, is a judicial function and does not require oral testimony […]

245 P.2d 170 EDNA KITZEL, a minor child, by EWALD KITZEL, her next friend and father, Appellee, v. ROBERT ATKESON and LEE IRVIN ATKESON, a minor, Appellants. No. 38,674Supreme Court of Kansas Opinion filed June 7, 1952. SYLLABUS BY THE COURT 1. AUTOMOBILES — Transportation of Pupils — Guest Statute. A pupil of a school […]

506 P.2d 1132 THE STATE OF KANSAS, Appellee, v. JAMES L. MARSH, Appellant. No. 46,833Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Worthless Check — Admission of Evidence. The record is examined in a criminal proceeding and it is held that the trial court did not […]

440 P.2d 562 THE STATE OF KANSAS, Appellee, v. GERALD LEE, a/k/a GERALD EL, Appellant. No. 44,679Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Larceny — Application for Writ of Habeas Corpus — New Trial Denied — Verdict Supported by Evidence. In a prosecution for […]

150 P.3d 918 STATE OF KANSAS, Appellee, v. SHANON S. GREEVER, Appellant. No. 95,303.Court of Appeals of Kansas. Opinion filed February 2, 2007. Rev’d 286 Kan. 124, 183 P.3d 788 (2008). SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When reviewing a trial court’s decision on a motion to suppress, […]

537 P.2d 210 SHAWNEE HILLS MOBILE HOMES, INC., Appellee and Cross-appellant, v. RURAL WATER DISTRICT No. 6, a Corporation, Appellant and Cross-appellee. No. 47,697Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT 1. TRIAL — Joinder — Necessary Party. Where the tangible property securing a lien held by the federal government […]

627 P.2d 339 JERRY L. PHILLIPS, INC., Plaintiff-Appellee, v. GARY M. RATLEY, d/b/a MARSHALL PETROLEUM COMPANY, Defendant-Appellant. No. 51,514Court of Appeals of Kansas Opinion filed May 1, 1981 SYLLABUS BY THE COURT 1. CONTRACTS — Interest Charges — Knowledge and Acquiescence Requirements. An agreement between a buyer and a seller to pay interest requires at […]

779 P.2d 447 DAVID E. ROBERTS, Appellee, v. JOHN J. KRUPKA, NEUROLOGICAL SURGERY, P.A., ST. FRANCIS REGIONAL MEDICAL CENTER, INC., JOHN HUGHES, D. RACETTE, WANDA TATE, SHERRY LOYD, VEVA EDWARDS, PAIN ANESTHESIA AND CRITICAL CARE SERVICES, P.A., JUDY APPLEBY, KENT COOPER, and JOHN HERED, Defendants, v. HIZEY WELL SERVICE SUPPLY and U.S.F.G. INSURANCE COMPANY, Movants […]

191 P.3d 1130 STATE OF KANSAS, Appellee, v. CYNTHIA CASADY, Appellant. No. 99,023.Court of Appeals of Kansas. Opinion filed September 12, 2008. SYLLABUS BY THE COURTCRIMINAL LAW — Appointment of Counsel — Board of Indigents’ Defense Services — Entitlement of Defendant to Appointed Counsel — Statutory Provisions Held Constitutional. The provisions of K.S.A. 22-4529 relating […]

596 P.2d 156 THOMAS E. BUTLER, Appellant Cross-Appellee, v. WESTGATE STATE BANK, Appellee Cross-Appellant. No. 49,696Court of Appeals of Kansas Opinion filed June 15, 1979 Reversed 226 Kan. 581. SYLLABUS BY THE COURT 1. CONTRACTS — Validity — Intention of Parties — Question of Fact. Where the evidence pertaining to the existence of a contract […]

46 P.3d 1222 THOMAS B. MULLINS, Appellant, v. STATE OF KANSAS, Appellee. No. 87,327Court of Appeals of Kansas Opinion filed: May 24, 2002. Petition for review denied 274 Kan. 1113 (2002). SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Ineffective Assistance of Counsel — Appellate Review. Rules for reviewing a claim of ineffective assistance […]

529 P.2d 666 In the Matter of THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellee, v. KANSAS COMMISSION ON CIVIL RIGHTS AND ANTHONY D. LOPEZ, Executive Director Kansas Commission on Civil Rights, and MICHAEL BAILEY, Compliance Specialist, Kansas Commission on Civil Rights, Appellants. No. 47,526Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS […]

851 P.2d 394 STATE OF KANSAS, Appellee, v. MARCIA BARKER, Appellant. No. 68,064Court of Appeals of Kansas Opinion filed May 7, 1993 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Perjury — Sufficiency of Evidence to Support Conviction. Two witnesses or one witness and corroborating circumstances are necessary to establish the fact of perjury and, […]

621 P.2d 411 DANNY R. PORTER, Appellant, v. STORMONT-VAIL HOSPITAL, Appellee. No. 51,136Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT TORTS — Malicious Prosecution, False Arrest, False Imprisonment, Abuse of Process — Summary Judgment for Creditor-Defendant. In an action by a judgment debtor against his creditor seeking actual and punitive […]

840 P.2d 1125 ROBERT J. and REGINA M. SEBREE, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE; ORVILLE DREASHER, JR.; GERALDINE DREASHER; ED SOUTHALL; and STATE OF KANSAS DEPARTMENT OF TRANSPORTATION, Appellees. No. 66,968Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. REAL PROPERTY — Access […]

375 P.2d 785 NATHANIEL SANDERS, Petitioner, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Respondent. No. 43,009Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Sentence — Notice — Due Process Not Denied. The record in an original proceeding for a writ of habeas corpus examined, and, as […]

893 P.2d 290 STATE OF KANSAS, Appellee, v. PATRICIA McDANIEL, Appellant. No. 71,204Court of Appeals of Kansas Opinion filed April 14, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea Agreements — Breach of Plea Agreement by State — Harmless Error Standard Applies. Because breach of a plea agreement by the State denies a […]

840 P.2d 1133 STATE OF KANSAS, Appellee, v. JASON C. LINN, Appellant. No. 67,044Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. TRIAL — Jury Trial — Separate and District Functions of Judge and Jury Discussed. In cases tried to a jury, the judge and jury have separate and distinct […]

450 P.2d 25 CLARA SILKS, Appellee, v. LATERAL SEWER DISTRICT No. T-39, Within SHAWNEE and MISSION TOWNSHIPS TURKEY CREEK MAIN SEWER DISTRICT No. 1, JOHNSON COUNTY, KANSAS, and KENNETH HEARD, HERMAN F. HIGGINS and CARL STANDIFORD, As The GOVERNING BODY of Said District and COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellants. No. 45,222Supreme Court of […]

334 P.2d 808 CUSTOM BUILT HOMES CO., INC., Appellant, v. KANSAS STATE COMMISSION OF REVENUE AND TAXATION, Appellee. No. 41,125Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT 1. TAXATION — “Use” Tax — Prefabricated Housing Units. Where one, engaged in business as a contractor for the construction and sale of […]

186 P.3d 777 STATE OF KANSAS, Appellee, v. BOBBY G. HEMPHILL, SR., Appellant. Nos. 95,209, 95,210.Supreme Court of Kansas. Opinion filed July 3, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Guilty Plea — Motion to Withdraw — Denial of Motion — Appeal from Denial. We have long recognized that a defendant has a right […]

921 P.2d 779 STATE OF KANSAS, Appellee, v. DONOVAN LEROY SHAW II, Appellant. No. 73,340Supreme Court of Kansas Opinion filed July 12, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder. Time, distance, and the causal relationship between the underlying felony and a killing are factors to be considered in determining whether the […]

660 P.2d 84 CONTINENTAL AMERICAN CORPORATION, a Kansas corporation, Appellant, v. PACIFIC BALLOON COMPANY, INC., a California corporation, Appellee. No. 54,299Court of Appeals of Kansas Opinion filed March 17, 1983 SYLLABUS BY THE COURT 1. CONTRACTS — Account Stated — Meeting of Parties’ Minds Essential Element. An essential element of an account stated is a […]

298 P.2d 305 WALTER F. WOLF and MYRTLE B. WOLF, Appellees, v. THE SECOND DRAINAGE DISTRICT OF FINNEY COUNTY, KANSAS, Appellant. No. 39,954Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT 1. DRAINAGE DISTRICTS — Removing Obstructions — Instruction. In an action for damages alleged to have been sustained when a […]

328 P.2d 358 W.F. TEMPLE, LUCY TEMPLE, MELVIN TEMPLE, J.L. TEMPLE, MAY LIVINGSTON, KATHRYN L. EMLER, CARRIE MOWREY, GEORGIA G. PLATEE, HAROLD GIBSON and SOUTHLAND ROYALTY CO. (Plaintiffs), Appellees, v. CONTINENTAL OIL COMPANY, a Corporation, CITIES SERVICE OIL COMPANY, a Corporation, and SHELL OIL COMPANY, a Corporation (Defendants), Appellants, and ARGO OIL CORPORATION (Defendant), Appellee. […]

545 P.2d 366 WING MAH, Appellant, v. THE UNITED STATES FIRE INSURANCE COMPANY, Appellee. No. 47,792Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. INSURANCE — Policy — Construction. A court, in construing an insurance policy, should consider the instrument as a whole and endeavor to ascertain the intent of […]

271 P.2d 307 DORTHY GARRISON, Appellee, v. (HAL R. HAMIL, and) ST. LOUIS AND SAN FRANCISCO RAILWAY COMPANY, a corporation, Appellant. No. 39,427Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT 1. PLEADING — Construction on Demurrer. An allegation in the nature of a conclusion of fact, not challenged by motion, […]

252 P.2d 893 JOHNSON-SAMPSON CONSTRUCTION COMPANY, INC., Appellant, v. CASTERLINE GRAIN SEED, INC., Appellee. No. 38,764Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT TRIAL — Construction of Verdict and Special Findings. In an appeal from an order of the court overruling appellant’s motion for judgment on the answers of the […]

66 P.3d 903 STATE OF KANSAS, Appellee, v. MICHAEL LEON GORDON and JAMES R. SCRIBNER, Appellants. Nos. 86,624 and 86,625.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. The interpretation of a statute is a question of law, and the appellate court’s review is unlimited. […]

212 P.2d 209 R.L. McCALL, E.E. SNELL, GEORGE E. DODSON, C.W. THOMALSON and N.H. RAYL, Board of Supervisors of Little Caney River Drainage District, Plaintiffs, v. CLAUDIE GOODE, County Treasurer of Chautauqua County, and A.M. ECKELBERRY, County Treasurer of Montgomery County, Defendants, and WILLIAM H. BURGWIN, ALTHEA LOUISE BOWEN, ART HENDERSON, ROBERT S. DEAL, COLEMAN […]

118 P.3d 176 In the Matter of Gary L. Conwell, Respondent. No. 89,829.Supreme Court of Kansas. June 30, 2005. ORDERATTORNEY AND CLIENT — Disciplinary Proceeding — Termination of Supervised Probation. On May 30, 2003, the court placed the respondent, Gary L. Conwell, on supervised probation for a 2-year period. See In re Conwell, 275 Kan. […]

713 P.2d 489 BRUCE W. GONZALES, Appellant, v. STATE OF KANSAS, DEPARTMENT OF REVENUE, Appellee. No. 57,674Court of Appeals of Kansas Opinion filed January 30, 1986 SYLLABUS BY THE COURT APPEAL AND ERROR — Mootness — Period of Suspension of Driver’s License Ran Prior to Determination of Appeal of Suspension Order. In a case where […]

893 P.2d 217 STATE OF KANSAS, Appellee, v. PRESTON COLLINS, Appellant. No. 70,692Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Sixth Amendment Right to Self-representation. The Sixth Amendment, as made applicable to the states by the Fourteenth Amendment, guarantees that a defendant in a state criminal […]

250 P.2d 833 STATE OF KANSAS, Appellee, v. MARION BONOMO, Appellant. No. 38,840Supreme Court of Kansas Opinion filed December 6, 1952. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Larceny — Demurrer to Evidence — Instructions — Misconduct of Counsel — Sentence. In a prosecution for burglary and larceny, the record is examined and […]

935 P.2d 231 ROBERT ALAN BOOKLESS, Appellant, v. STATE OF KANSAS, Appellee. No. 77,161Court of Appeals of Kansas Opinion filed: March 28, 1997 SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Habeas Corpus Not Appropriate Procedure to Challenge Parole Board or Sentencing Commission. An action brought under K.S.A. 60-1507 is not the appropriate procedure […]

485 P.2d 1309 ZONA FISHER, Appellant, v. SEARS, ROEBUCK COMPANY, Appellee. No. 46,005Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. NEGLIGENCE — Invitees — Duty of Proprietor. The proprietor of a store owes a duty to customers and other invitees to use care to keep the premises in a […]

818 P.2d 800 STATE OF KANSAS, Appellant, v. ONE 1984 CHEVROLET CORVETTE, Appellee. No. 65,332[1] Court of Appeals of Kansas Opinion filed June 14, 1991 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 4, 1991, pursuant to Rule 7.04 (1990 Kan. […]

331 P.2d 590 CLARA B. HANSCOME, Appellee, v. W.J. COPPINGER, WALTER T. MAHONEY, GEORGE E. ALLEN, BYRON A. CAIN, WILLIAM J. FROELIK, MARGARET T. SINEK; the Unknown Spouses and Assigns of Said Persons; and If Any of Said Persons Be Deceased, the Unknown Heirs, Executors, Administrators, Devisees, Legatees, Trustees and Creditors of Any Such Decedents, […]