Category: Kansas Court Opinions

876 P.2d 1390 STATE OF KANSAS, Appellee, v. DAVID ROYCE PRATT, Appellant. No. 69,904Supreme Court of Kansas Opinion filed July 8, 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 […]

626 P.2d 1236 OAK PARK INVESTMENT COMPANY, Appellant, v. LUNDY’S, INC., Appellee. No. 52,181Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. ATTORNEY FEES — Statutory Authorization. In Kansas it has generally been stated that the prevailing parties in a lawsuit are not entitled to recover attorney fees unless […]

375 P.2d 616 RICHARD C. WHITE, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 43,117Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Finding as to Counsel — Sufficiency of Journal Entry. In a habeas corpus proceeding, it is held that petitioner’s complaint […]

552 P.2d 900 STATE OF KANSAS, Appellee, v. LITTLE JIM BEARD, Appellant. No. 48,256Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Instruction on Self-defense — Framed in Language of Statute. In a prosecution for homicide, where self-defense is an issue, the trial court did not err, […]

585 P.2d 1052 STATE OF KANSAS, Appellee, v. FRANK PENCEK, JR., Appellant. No. 49,692Supreme Court of Kansas Opinion filed October 28, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Venue — Proof Required for Change of Venue. Prejudice must be shown as a demonstrable reality before a change of venue is required. The publication […]

712 P.2d 1199 LEROY McDERMOTT, Appellee, v. KANSAS PUBLIC SERVICE COMPANY, Appellant. No. 57,184Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. DAMAGES — Punitive Damages — Purpose. Punitive damages are allowed not because of any special merit in the injured party’s case, but are imposed to punish the wrongdoer […]

57 P.2d 12 FRANK L. STOWELL, Appellee, v. THE GARDEN CITY NEWS CORPORATION, Appellant. No. 32,788Supreme Court of Kansas Opinion filed: May 9, 1936. SYLLABUS BY THE COURT 1. CORPORATIONS — Creation — Issuing Stock for Partnership Assets — Liability for Debts. Where a corporation was formed by and consisting of the members of a […]

100 P.3d 975 YARDLEY v. SIMMONS. No. 92,119.Court of Appeals of Kansas November 24, 2004. Appeal from the Butler. Decision without published opinion. Affirmed.

295 P.2d 627 STATE OF KANSAS, Appellee, v. JAMES PEASLEY, Appellant. No. 39,835Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT CRIMINAL LAW — Proof of Other Crimes — Illegally Obtained Evidence — Sufficiency of Evidence. The record in a criminal prosecution for burglary and larceny while engaged in the commission […]

696 P.2d 396 STATE OF KANSAS, Appellee, v. ALVIN MATZKE, Appellant. No. 56,755Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT 1. JURISDICTION — Person Cannot Remove Himself from Liabilities under Law or Jurisdiction of Governmental Agencies by Declaring Himself an “Absolute Natural Person.” A person may not extricate himself from […]

391 P.2d 47 CHARLES S. SCOTT, Administrator of the Estate of Elisha Scott, Deceased, Appellant, v. CHESTER F. FARROW, Executor of the Estate of Gertrude Farmer, Deceased, Appellee. No. 43,420Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT EJECTMENT — Execution of Deed — Competency of Grantor — Disregard of Evidence […]

731 P.2d 284 STATE OF KANSAS, Appellee, v. BILLY C. BENNETT, Appellant. No. 59,106Supreme Court of Kansas Opinion filed January 16, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Recommendation by Trial Court Regarding Rehabilitation — Determination by Secretary of Corrections Regarding Place of Defendant’s Confinement. In sentencing a criminal defendant to […]

736 P.2d 914 EARL A. THOMPSON, LUCY THOMPSON, FREDERICK H. HARTWIG and LOUISE HARTWIG, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee. No. 59,546Supreme Court of Kansas Opinion filed May 1, 1987. SYLLABUS BY THE COURT CONSTITUTIONAL LAW — Supremacy Clause — Regulation of Federal Instrumentalities by States Precluded. In a declaratory judgment action attempting to […]

460 P.2d 505 STATE OF KANSAS, Appellee, v. JAMES LEONARD JOHNSON, Appellant. No. 45,353Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Larceny — Aiding and Abetting — Evidence of Previous Conviction — Instructions. In a prosecution for burglary in the second degree and grand larceny, […]

191 P.3d 306 STATE OF KANSAS, Appellee, v. MARCUS TYLER, JR., Appellant. No. 96,299.Supreme Court of Kansas. Opinion filed September 5, 2008. SYLLABUS BY THE COURT1. JUDGES — Ex Parte Communications Involving Judge Concerning Pending or Impending Proceeding. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to […]

228 P.2d 533 M.J. RICH and JAMES RIVERS, partners doing business as CITY IMPLEMENT COMPANY, Appellees, v. JOE S. YODER, Appellant. No. 38,183Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT 1. BILLS AND NOTES — Written Contract Containing Warranties — Allegations of Oral Contract — Answer States No Defense. In […]

122 P.3d 42 STATE v. STENNIS. No. 91,922.Court of Appeals of Kansas. November 4, 2005. Appeal from Wyandotte. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

921 P.2d 813 MARCUS J. LANNING, a Minor, by and through DAVID LANNING and CATHY LANNING, Next Friend and Natural Guardian, Appellee/Cross-Appellant, v. JEFF ANDERSON and BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 447, Cherryvale, Kansas, Appellants/Cross-Appellees. No. 73,546[1] Court of Appeals of Kansas Opinion filed March 22, 1996 Petition for review denied 260 […]

167 P.3d 794 STATE OF KANSAS, Appellant, v. KAYLE LAWRENCE, Appellee. No. 96,104.Court of Appeals of Kansas. Opinion filed September 21, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Speedy Trial — Time from Defendant’s Untimely Jury Trial Demand to Rescheduled Trial Date Charged to Defendant. When a defendant makes an untimely jury-trial demand and […]

236 P.2d 782 REDEVELOPMENT AUTHORITY OF THE CITY OF KANSAS CITY, Plaintiff, v. THE STATE CORPORATION COMMISSION, Defendant. THE STATE OF KANSAS on the relation of Harold R. Fatzer, the Attorney General, Plaintiff, v. THE STATE CORPORATION COMMISSION and REDEVELOPMENT AUTHORITY OF THE CITY OF KANSAS CITY, Defendants. Nos. 38,574, 38,575Supreme Court of Kansas Opinion […]

98 P.3d 303 OPYR v. STATE. No. 91,172.Court of Appeals of Kansas October 1, 2004. Appeal from the Sedgwick. Decision Without Published Opinion. Affirmed.

684 P.2d 429 STEVEN M. TURNBULL, Appellee, v. GARY E. BYRAM, Appellant, and THE CITY OF HUTCHINSON, KANSAS, Cross-Appellant. No. 56,142Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — General Verdict — Effect. A general verdict resolves all controverted issues in favor of the prevailing party and […]

606 P.2d 484 SHELDON GROUNDS, Claimant, Appellant and Cross-Appellee, v. TRIPLE J CONSTRUCTION COMPANY, INC., Respondent and Appellee, and MARYLAND CASUALTY COMPANY, Insurance Carrier and Appellee, and KANSAS WORKMEN’S COMPENSATION FUND, Appellee and Cross-Appellant. No. 51,031Court of Appeals of Kansas Opinion filed February 8, 1980 Petition for review denied April 11, 1980. SYLLABUS BY THE […]

574 P.2d 566 GARY LEWIS GOLDSBERRY, Appellant, v. GARY LEWIS, Appellee. No. 48,786Court of Appeals of Kansas Opinion filed February 10, 1978 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Service of Process on One Having Privilege of Immunity. Service of civil process on one who has a privilege of immunity is not void but […]

116 P.3d 55 STATE v. BLEVINS. Nos. 92,901, 92,902, 92,903.Court of Appeals of Kansas. July 29, 2005. Appeal from Reno. Decision without published opinion. Reversed and remanded with directions.

690 P.2d 1353 STATE OF KANSAS, Appellee, v. KATHERYN R. PARKER, and ANTONIO R. BARZEY, Appellants. No. 56,410Supreme Court of Kansas Opinion filed November 30, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prostitution — Constitutionality of Statute. K.S.A. 21-3512, which creates the crime of prostitution, is not unconstitutionally vague or indefinite or overbroad. […]

580 P.2d 1300 LYON COUNTY, KANSAS; R.P. FELKNER, ALEX MURPHY and GAIL GASCHE, Members of the Board of County Commissioners of Lyon County, Kansas; ROSEMARY SPALDING, County Clerk, Ex-Officio County Assessor of Lyon County, Kansas; LULA HUNT, County Treasurer of Lyon County, Kansas, and Their Successors in Office, Appellees, v. IOWA BEEF PROCESSORS, INC., Appellant. […]

941 P.2d 1380 IN THE MATTER OF CARL S. BLACK, Respondent. No. 78,616Supreme Court of Kansas Opinion filed July 11, 1997 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed July 11, 1997. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause and […]

241 P.3d 175 ANTHONY ANGUIANO, Deceased, Appellee, v. LARRY’S ELECTRICAL CONTRACTING L.L.C. and CONTINENTAL WESTERN INS., CO., Appellees, and TASHA ANGUIANO, Appellant. No. 103,374.Court of Appeals of Kansas. Opinion filed October 22, 2010. SYLLABUS BY THE COURT1. MARRIAGE — Common-law Marriage — Proof Required in Kansas. To establish a common-law marriage in Kansas, a plaintiff […]

303 P.2d 197 MARICE PINKSTON, Widow of John M. Pinkston, Deceased, Claimant, Appellee, v. RICE MOTOR COMPANY, Respondent, EMPLOYERS MUTUAL CASUALTY COMPANY, Insurance Carrier, Appellants. No. 40,450Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — “Personal Injury” Defined. The term “personal injury” as used in our Workmen’s […]

116 P.3d 55 STATE v. GIBSON. No. 93,059.Court of Appeals of Kansas. July 29, 2005. Appeal from Lyon. Decision without published opinion. Affirmed.

336 P.2d 472 SHERLA LEE FISHER, Appellant, v. NELLE PENDLETON, Appellee. No. 41,238Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT 1. LIMITATION OF ACTIONS — Part Payment on Note by One of Two Makers — Ratification. Under the provisions of G.S. 1949, 60-312, where a husband and wife jointly execute […]

326 P.2d 299 STATE INVESTMENT COMPANY, a Corporation, Appellee, v. CIMARRON INSURANCE COMPANY, a Corporation, Appellant. No. 40,934Supreme Court of Kansas Opinion filed June 7, 1958. SYLLABUS BY THE COURT INSURANCE — Action to Recover Unearned Premiums — Contract Construed. In an action by a finance company against an insurance company for the recovery of […]

123 P.3d 212 STATE v. SMITH. No. 94,083.Court of Appeals of Kansas. December 2, 2005. Appeal from Saline. Decision without published opinion. Affirmed.

449 P.2d 502 WALTER BOLLINGER (Plaintiff), Appellant, v. KARL NUSS (Defendant), Appellant, and WESTERN CASUALTY AND SURETY COMPANY (Garnishee), Appellee. No. 45,179Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. INSURANCE — Duty of Insurer in Defending and Settling Claims Against Insured — Failure to Act in Good Faith and […]

68 P.3d 134 STATE OF KANSAS, Appellee, v. MARCUS B. WASHINGTON, Appellant. No. 87,383.Supreme Court of Kansas Opinion filed May 9, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Voir Dire — Batson Challenge to Jury Selection — Appellate Review. In reviewing a challenge under Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d […]

566 P.2d 389 BARBARA OIL COMPANY, Appellee, v. PATRICK PETROLEUM CO., Appellant. No. 48,512Court of Appeals of Kansas Opinion filed July 1, 1977 Petition for review denied September 12, 1977. SYLLABUS BY THE COURT 1. CONTRACTS — Conditions. A contracting party may impose such conditions to a contract as he desires, assuming they are not […]

166 P.3d 440 In the Matter of the Marriage of FUSAO TAKUSAGAWA, Appellee, and MIEKO TAKUSAGAWA, Appellant. No. 95,508.Court of Appeals of Kansas. Opinion filed September 7, 2007. SYLLABUS BY THE COURTDIVORCE — Oral Settlement Agreement on the Record — Compliance with Statute of Frauds — Transcript Suffices as Written Agreement to Satisfy Statute of […]

722 P.2d 579 ROZELLIA BRYANT, Appellee, v. EXCEL CORPORATION, Self Insured, Appellant. No. 58,986Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Benefits Determined by Situs of Resulting Disability Not Situs of Trauma. It is the situs of the resulting disability, not the situs of the trauma, which […]

590 P.2d 1051 RICHARD GORHAM and ALFONSO SANCHEZ, Appellees, v. CITY OF KANSAS CITY, KANSAS, Appellant. No. 49,483Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. PUBLIC EMPLOYEES — Discharge “For Cause” — Right to Hearing before Termination. A public employee who may be discharged only “for cause” has a […]

819 P.2d 660 HOMESTEAD LAND TITLE CO., Plaintiff, v. UNITED STATES OF AMERICA, and DIRECTOR OF TAXATION, KANSAS DEPARTMENT OF REVENUE, Defendants. No. 66,452Supreme Court of Kansas Opinion filed October 25, 1991. SYLLABUS BY THE COURT TAXATION — Sales Tax Lien — Lien Attaches to Real Property That Is Subject to Claim of Homestead Exemption. […]

22 P.3d 1075 VANESSA A. SIMENTAL HERNANDEZ, Appellant, v. GUARANTY NATIONAL INSURANCE COMPANY, Appellee. No. 85,519Court of Appeals of Kansas Opinion filed: May 4, 2001. SYLLABUS BY THE COURT INSURANCE — Kansas Automobile Injury Reparations Act — Personal Injury Protection Benefits — Mandatory First Coverage for Owner of Motor Vehicle. The purpose of the Kansas […]

925 P.2d 1136 STATE OF KANSAS, Appellee, v. JOHNNIE C. SHEARS, Appellant. No. 74,579Supreme Court of Kansas Opinion filed October 25, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty or Nolo Contendere Plea — Withdrawal of Plea — Appellate Review. K.S.A. 22-3210 sets forth the procedures for acceptance and withdrawal of guilty or […]

293 P.2d 1007 EARL R. BABCOCK, Appellant, v. CARL DOSE doing business as CARL DOSE MOTOR SALES, Appellee. No. 40,116Supreme Court of Kansas Opinion filed February 29, 1956. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action to Collect Unpaid Award — Demurrer to Petition. The record in an action to collect an unpaid award in […]

135 P.3d 216 In the Matter of the Estate of NORMAN B. HJERSTED, Deceased. No. 94,711.Court of Appeals of Kansas. Opinion filed June 2, 2006. SYLLABUS BY THE COURT1. TAXATION — Gift Tax — Liability of Donor — Unpaid Gift Tax Assessment Becomes Debt of Decedent’s Estate — Enforceable Demand Against Estate. Federal statutes and […]

106 P.3d 99 MAXWELL v. WILSHIRE INS. CO. No. 91,332.Court of Appeals of Kansas February 18, 2005. Appeal from the Rice. Decision without published opinion. Affirmed.

416 P.2d 741 EDDIE D. COX, Appellee, v. STATE OF KANSAS, Appellant. No. 44,588Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Double Jeopardy. In an appeal by the state in a proceeding under K.S.A. 60-1507 the record is examined and it is […]

707 P.2d 1091 JOHNNY PALMER, Appellant, v. STATE OF KANSAS, Appellee. No. 57,605Court of Appeals of Kansas Opinion filed October 31, 1985 Petition for review denied December 19, 1985. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact Made by Trial Court — Finality. Trial court determinations of fact, unappealed from, are […]

128 P.3d 417 RICHARD DUNCAN, LORA DUNCAN, BILLY F. FRANKLIN, EUNICE M. FRANKLIN, MICHAEL J. GROVES, JUDITH GROVES, TROY HOWERTON, DEBROAH HUNT, EUGENE JOHNSTON, OLETA B. GOFORTH-JOHNSTON, DAVID SCOTT RAINS, MICHELE RAINS, LAWRENCE F. RILEY, JOLETA S. RILEY, ANNA L. SCHONES, BOB SQUIRES, JOELYN SQUIRES, STEVE WHITE, AND PATSY WHITE, Appellants/Cross-appellees, v. CITY OF ARKANSAS […]

558 P.2d 110 ROBERT GREEN, Petitioner-Appellant, v. STATE OF KANSAS, Respondent-Appellee. No. 48,217Supreme Court of Kansas Opinion filed December 11, 1976. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate Sentence — Motion for Change of Venue Denied — Representative Jury — Jurisdiction. Appeal from Johnson district court, division No. 4; HAROLD R. RIGGS, judge. Opinion […]

512 P.2d 1040 In the Matter of the Appeal of the Board of Park Commissioners of the City of Wichita, Kansas, From an Order of the Board of Tax Appeals of the State of Kansas Dated June 23, 1971. THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, Appellant, v. THE STATE OF […]

392 P.2d 922 In re Estate of Lewis Q. Preston, Deceased. WARREN D. THOMPSON, Appellant, and KENNETH V. MOSES, Guardian ad litem, Appellant, v. DOROTHY PRESTON SURPRISE, Appellee. No. 42,711Supreme Court of Kansas Opinion filed June 6, 1964. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Insurance Policy an Asset of Estate of Nonresident […]

937 P.2d 967 JERI FARRELL, Claimant, v. UNIFIED SCHOOL DISTRICT NO. 229, Appellant, KANSAS ASSOCIATION OF SCHOOL BOARDS, Insurance Carrier/Appellant, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 76,114[1] Court of Appeals of Kansas Opinion filed February 28, 1997 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish […]

689 P.2d 786 MICHAEL J. STEVENS, Appellee, v. JAYHAWK REALTY CO., INC. and FOREST TENNANT, Appellants. No. 55,354Supreme Court of Kansas Opinion filed October 26, 1984. MEMORANDUM OPINION REAL PROPERTY — Action Brought by Prospective Purchaser against Real Estate Broker on Theories of Fraud and Breach of Fiduciary Duty. Review of the judgment of the […]

257 P.3d 799 STATE OF KANSAS, Appellee, v. DERRICK LEE, Appellant. No. 102,004.Court of Appeals of Kansas. Opinion filed June 10, 2011. SYLLABUS BY THE COURT1. STATUTE — Constitutionality — Appellate Review. Whether legislation is un-constitutionally vague is a question of law subject to unlimited review on appeal. This court presumes that the challenged legislation […]

3 P.3d 89 GAIL BARNETT-HOLDGRAF, Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Appellee. No. 83,325Court of Appeals of Kansas Opinion filed March 24, 2000. SYLLABUS BY THE COURT TORTS — Slip and Fall — Defective Sidewalk — Application of Slight Defect Rule to Private Sidewalks. The slight defect rule is applicable to private […]

533 P.2d 1224 JOHN W. BLAIR, Appellant, v. BETTY WILLIS BLAIR DUNCAN, Appellee. No. 47,601Supreme Court of Kansas Opinion filed April 5, 1975. MEMORANDUM OPINION ACTIONS — Res Judicata — Action Cannot Be Maintained Appeal from Lincoln district court; MARVIN O. BRUMMETT, judge. Opinion filed April 5, 1975. Affirmed. Don W. Noah, of Beloit, argued […]

348 P.2d 1042 THE STATE ASSOCIATION OF CHIROPRACTORS, and S.C. SUTHERLAND, President; JOHN ABLE, Vice-President; HAROLD COLE, Secretary-Treasurer; R.L. FREDRICH, A.E. SMITH, E.O. MORRIS of Chanute, H.D. CELLERS of Topeka, Members of the Board of Directors thereof as officers of said association and in their own proper persons, Appellants, v. JOHN ANDERSON, JR., Attorney General […]

541 P.2d 694 THE STATE OF KANSAS, Appellee, v. RAYMOND C. WHEELER, Appellant. No. 47,383Supreme Court of Kansas Opinion filed November 2, 1974. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Opinion filed November 2, 1974. David M. Arnold, of Wichita, argued the cause, and Robert T. Cornett, of Anderson, Clark […]

368 P.2d 35 LARRY LINDESMITH, Appellee and Cross-Appellant, v. THE REPUBLIC MUTUAL FIRE INSURANCE COMPANY, Appellant and Cross-Appellee. No. 42,467Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT INSURANCE — Family Combination Automobile Policy — Endorsements and Printed Matter — Construction — Attorney Fees. The record examined in an action predicated […]

239 P.3d 857 In the Matter of DARYLE A. EDWARDS Respondent. No. 23111Supreme Court of Kansas September 29, 2010. Page 1 ORDER OF TEMPORARY SUSPENSION Daryle A. Edwards, respondent, an attorney admitted to practice law in Kansas, is presently the subject of a pending disciplinary complaint commenced as a result of the respondent’s conviction of […]

221 P.3d 525 STATE OF KANSAS, Appellee, v. BENJAMIN A. APPLEBY, Appellant. No. 98,017.Supreme Court of Kansas. Opinion filed November 20, 2009. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Double Jeopardy or Multiplicity Issue — Appellate Review — Unlimited Scope of Review. When an appellate court reviews a ruling relating to a double jeopardy […]

135 P.3d 174 THE ESTATE OF JOSHUA C. PEMBERTON, and JAY PEMBERTON and SUSAN PEMBERTON, Appellants, v. JOHN’S SPORTS CENTER, INC., Appellee. No. 94,583.Court of Appeals of Kansas. Opinion filed June 2, 2006. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers […]

659 P.2d 213 STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Appellant, v. PEPSI-COLA GENERAL BOTTLERS, INC., Appellee. No. 54,813Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. COURTS — Moot Questions. Courts will not consider and decide questions where there is no case or controversy. City of […]

44 P.3d 1266 PETITION OF CARLA J. STOVALL, ATTORNEY GENERAL, TO DETERMINE THE VALIDITY OF 2002 SUBSTITUTE FOR SENATE BILL 256 No. 88,821Supreme Court of Kansas Opinion filed: May 9, 2002 SYLLABUS BY THE COURT 1. LEGISLATURE — Reapportionment — Validity of Reapportionment Act. In determining whether a reapportionment act is valid, a court must […]

354 P.2d 325 McKINLEY-WINTER LIVESTOCK COMMISSION COMPANY, a corporation, Appellee, v. JOE FLETCHER, Appellant. No. 41,512Supreme Court of Kansas Opinion filed July 14, 1960. OPINION ON REHEARING Appeal from Ford district court; ERNEST M. VIEUX, judge. Opinion filed July 14, 1960, affirming opinion filed December 12, 1959. (For original opinion of reversal with directions se […]

116 P.3d 55 IN RE MARRIAGE OF WEERS. No. 92,288.Court of Appeals of Kansas. July 29, 2005. Appeal from Miami. Decision without published opinion. Affirmed.

600 P.2d 160 STATE OF KANSAS, Appellee, v. LEROY C. KNETZER, Appellant. No. 50,598Court of Appeals of Kansas Opinion filed September 28, 1979 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Nonsupport of Child — Effect of Deletion of Word “Destitute” from Statute. The terms “destitute” and “necessitous” mean virtually the same thing; therefore the […]

861 P.2d 138 STATE OF KANSAS, Appellee, v. HARVEY O’CONNELL, Appellant. No. 69,165Court of Appeals of Kansas Opinion filed October 29, 1993 SYLLABUS BY THE COURT CRIMINAL LAW — Plea Agreement That Contains Recommended Sentence — Sentencing Court Still Must Consider the Presumptive Sentence of Assignment to Community Corrections Where Applicable. The fact that a […]

337 P.2d 706 STATE OF KANSAS, Appellee, v. ALLAN HICKERSON, Appellant. No. 41,244Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT CRIMINAL LAW — Plea of Former Jeopardy and Plea in Abatement — Not Appealable Orders. In a criminal action, an appeal does not lie from an order sustaining a demurrer […]

317 P.2d 472 MARGIE RULE, Appellant, v. ETHEL I. CHEESEMAN, Executrix of the Estate of William B. Cheeseman, Deceased, Appellee. No. 40,611Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT 1. PHYSICIANS AND SURGEONS — Malpractice — Leaving Foreign Object in Patient’s Body — Degree of Skill and Relationship to Patient […]

438 P.2d 455 STATE OF KANSAS, Appellee, v. ROBERT A. GAUGER, JR., Appellant. No. 44,749Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT 1. WITNESSES — Admitting Prior Written Statement — Contents Cannot Be Remembered — Statement Admissible for Impeachment. Where a witness admits giving a prior written statement but cannot […]

117 P.3d 150 HUTTON v. STATE. No. 92,148.Court of Appeals of Kansas. August 12, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

415 P.2d 231 THE STATE OF KANSAS, Appellee, v. ALBERT GEORGE EDWARDS, Appellant. No. 44,495Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT SEARCH AND SEIZURE — Who May Claim Immunity. A person who claims no interest in an automobile, either of a proprietary or possessory character, has no standing to […]

338 P.2d 309 THE KANSAS BANKERS SURETY COMPANY, Appellant, v. THE FORD COUNTY STATE BANK, Appellee. No. 41,282Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT 1. BANKS — Payment by Drawee on Altered Check — Holder in Due Course — Sufficiency of Petition. A petition seeking to recover payment made […]

131 P.3d 540 In the Matter of the Care and Treatment of ROBERT A. WARD. No. 91,826.Court of Appeals of Kansas. Opinion filed March 31, 2006. SYLLABUS BY THE COURT1. SEXUALLY VIOLENT PREDATOR ACT — Determination Whether Person Is Sexually Violent Predator — Determination Requires Proof Beyond a Reasonable Doubt. Under the Kansas Sexually Violent […]

642 P.2d 986 STATE OF KANSAS, Appellee, v. RANDOLPH P. TOPHAM, Appellant. No. 53,444Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Insanity Defense — When Defense Operates as Waiver to Speedy Trial Requirements. The filing of notice of intent to rely on the insanity defense pursuant […]