Category: Kansas Court Opinions

547 P.2d 810 STATE OF KANSAS, Appellee, v. RONALD D. WATKINS, Appellant. No. 47,827Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Absent Stipulation as to Results — Polygraph Examination Inadmissible. In the absence of a stipulation between the parties the results of a polygraph examination are […]

827 P.2d 769 ELDON V. PARKMAN, Appellee, v. LLOYD D. FARR, Appellant. No. 66,432Court of Appeals of Kansas Opinion filed February 28, 1992 SYLLABUS BY THE COURT TAXATION — Joint Income Tax Return — Spouses Have Separate Interests in Overpayment Proportionate to Contribution. Spouses filing a joint income tax return have separate interests in any […]

922 P.2d 435 STATE OF KANSAS, Appellee, v. SHAWN ALDERSON, Appellant. No. 74,161Supreme Court of Kansas Opinion filed July 12, 1996 SYLLABUS BY THE COURT 1. JUDGES — Recusal — Affidavit Alleging Judge’s or Prejudice — Timeliness of Affidavit or Motion. A party who shows a judge is prejudiced against the party has a right […]

510 P.2d 1219 STATE OF KANSAS, Appellee, v. ROBERT LEWIS JACKSON, Appellant. No. 47,044Supreme Court of Kansas Opinion filed June 9, 1973. MEMORANDUM OPINION CRIMINAL LAW — Lineup — Absence of Counsel. Appeal from Wyandotte district court, DON MUSSER, assigned judge. Opinion filed June 9, 1973. Affirmed. Elmer C. Jackson, Jr., of Jackson and Randolph, […]

116 P.3d 55 STATE v. WADE. No. 93,247.Court of Appeals of Kansas. July 29, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

441 P.2d 841 ALFRED D. BAYLESS, Appellant, v. LIST AND CLARK CONSTRUCTION COMPANY, and TRAVELERS INSURANCE COMPANY, Appellees. No. 45,126Supreme Court of Kansas Opinion filed June 8, 1968. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Occupational Disease — Recurrence of Dermatitis After Medical Aid — Subsequent Medical Expense Barred. In an occupational disease case based […]

391 P.2d 107 HAROLD L. COPE, Appellant, v. THE KANSAS POWER LIGHT COMPANY, Appellee. No. 43,557Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT ELECTRICITY — Injuries From High Voltage Line — Refusal to Give Instruction — No Prejudicial Error. The record in an action to recover damages for injuries sustained […]

102 P.3d 1 SCHREINER v. CITY OF TOPEKA. No. 91,776.Court of Appeals of Kansas December 17, 2004. Appeal from the Shawnee. Decision without published opinion. Affirmed.

105 P.3d 738 STATE OF KANSAS, Appellee, v. JASON WAYNE SMITH, Appellant. No. 91,628.Court of Appeals of Kansas. Opinion filed February 11, 2005. Petition for review denied 279 Kan. 1010 (2005). SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — Correction of Amount of Jail Time Credit Given to Defendant Is Not Modification of Sentence. 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 […]

772 P.2d 793 GORHAM STATE BANK, Appellant, v. BERNIECE M. SELLENS, et al., Appellees. No. 62,552Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT SUMMARY JUDGMENT — Unresolved Material Issues of Fact Require Reversal of Premature Granting of Summary Judgment. In an appeal from an order granting summary judgment, the record […]

504 P.2d 605 STATE OF KANSAS, Appellee v. CHARLES F. RITSON, Appellant. No. 46,776Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. EVIDENCE — When Hearsay Admissible. Hearsay is admissible in evidence only if it comes within one of the exceptions found in K.S.A. 60-460. 2. SAME — Accusatory Statement […]

122 P.3d 42 STATE v. FINCH. No. 93,844.Court of Appeals of Kansas. November 4, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

428 P.2d 794 THE STATE OF KANSAS, Appellee, v. JOHN D. EARSERY, Appellant. No. 44,704Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. TRIAL — Coercion of Jury. The judgment of a juror, in deliberating upon his verdict, is not to be subjected to oppressive statements or acts on the […]

519 P.2d 730 RELIANCE INSURANCE COMPANIES and MARYLAND CASUALTY COMPANY, Appellees, v. THOMPSON-HAYWARD CHEMICAL COMPANY, Appellant, and HUEBSCH ORIGINATORS OF MILWAUKEE, WISCONSIN, Appellee. No. 47,134Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. JUDGMENTS — Default Judgments Not Favored in Law. Defaults are not favored in law but become necessary […]

359 P.2d 829 ROBERT W. ALLEN, Appellee, v. HARTFORD FIRE INSURANCE COMPANY, a Corporation, Appellant. No. 42,083Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT 1. INSURANCE — Collapse of Building — Instructions — Collapse Not Foreseeable. In an appeal from a judgment in favor of the insured upon a cause […]

284 P.2d 636 CLYDE W. STRATTON and CORA C. STRATTON, Appellees, v. WOOD CONSTRUCTION CO., INC., Appellant. No. 39,783Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Fraudulent Representations — Demurrer. The record in an action to recover damages for false and fraudulent representations made in connection […]

413 P.2d 61 SAM BYRD, JR., Appellant, v. STATE OF KANSAS, Appellee. No. 44,279Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Preliminary Hearing — Counsel — Evidentiary Hearing. The record is examined in a proceeding brought under K.S.A. 60-1507 to vacate a […]

847 P.2d 1286 STATE OF KANSAS, Appellee, v. JASON L. TURNER, Appellant. No. 68,093Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Trial Court Discretion — Statutory Guidelines — Appellate Review. It is the sentencing judge alone who determines the appropriate sentence or other disposition […]

157 P.3d 1120 SOUTHERN STAR CENTRAL GAS PIPELINE, INC., Appellant, v. GORDON and JENNIFER CUNNING, Appellees, v. MICHAEL RONNEBAUM, Appellee. No. 96,103.Court of Appeals of Kansas. Opinion filed May 18, 2007. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Findings of Fact and Conclusions of Law — Appellate Review. When a district court makes findings […]

934 P.2d 65 ASSOCIATED WHOLESALE GROCERS, INC., et al., Plaintiffs/Appellees, v. AMERICOLD CORPORATION; SAFEWAY, INC., et al., Defendants, and NORTHWESTERN PACIFIC INDEMNITY COMPANY, Garnishee/Appellant. No. 75,279Supreme Court of Kansas Opinion filed March 7, 1997. SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy — Insurer’s Duty to Define Limitations. An insurer assumes a duty […]

4 P.3d 1141 STATE OF KANSAS, Appellee, v. ANTONIO C. MOORE, Appellant. No. 79,807.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery. Robbery (K.S.A. 21-3426) is the taking of property from the person or presence of another by force or threat of bodily harm to any […]

508 P.2d 487 JO ELLEN BANDEL, Appellant, v. DELMAR W. BANDEL, Defendant in Trial Court, and (STANLEY PETTIBONE and MARTHA PETTIBONE, Appellees.) No. 46,569Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Statute Construed — Court’s Power to Restore Parental Rights — Jurisdiction. The provisions of […]

958 P.2d 1157 RAYMOND WILKINSON, Appellee/Cross-Appellant, v. SHONEY’S, INC., a/d/b/a CAPTAIN D’S SEAFOOD, and NEC, INC., Appellant/Cross-Appellee. No. 78,649Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Right to Appeal — Statutory Not Constitutional Right — Appellate Court Jurisdiction. The right to appeal is entirely statutory and […]

309 P.2d 394 PAYNE JAMESON, Appellant, v. THE FARMERS MUTUAL AUTOMOBILE INSURANCE CO., INC., Appellee. No. 40,457Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. INSURANCE — Judgments Obtained in Oklahoma — Action Based on Certified Copy of Judgment — Demurrer to Evidence. The following record examined: Two negligence actions […]

169 P.3d 1128 STATE OF KANSAS, Appellee, v. LAFAYETTE D. E. COSBY, Appellant. No. 94,609.Supreme Court of Kansas. November 9, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Accused’s Statements — Appellate Review. When reviewing a district court’s decision regarding the suppression of an accused’s statements, the factual underpinnings of the decision are […]

866 P.2d 1083 STATE OF KANSAS, Appellee, v. CRUZ MANZANARES, Appellant. Nos. 68,809, 68,810, 68,811Court of Appeals of Kansas Opinion filed January 14, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offenses — When Instruction Required. Under K.S.A. 21-3107(3), the court has an affirmative duty to instruct on all […]

286 P.2d 173 JIMMIE LEE SHIELDS, Appellee, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. CHARITY ELAINE SHIELDS, Appellee, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. Nos. 39,793 and 39,794Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT 1. PLEADING — Demurrer to Petition […]

814 P.2d 449 STATE OF KANSAS, Appellee, v. TIMOTHY C. CHAPMAN, Appellant. No. 65,649Court of Appeals of Kansas Opinion filed June 28, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Trial in Traffic Infraction Case — Statutory Amendment That Eliminated Right to Jury Trial — Prospective Application of Amendment. An amendment to K.S.A. […]

365 P.2d 181 FRANK J. ABLAH, et al., Appellees, v. RAY H. EYMAN, Appellant. No. 42,309Supreme Court of Kansas Opinion filed October 9, 1961. SYLLABUS BY THE COURT REPLEVIN — Petition Alleged Wrongful Seizure — Damages — The record in an action in replevin where plaintiffs secured possession of the personal property in question, the […]

105 P.3d 1258 STATE OF KANSAS, Appellee, v. VERNON D. HARRIS, III, Appellant. No. 90,709.Supreme Court of Kansas. Opinion Filed February 18, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Confession — Suppression of Confession — Appellate Review. The suppression of a confession is reviewed using a dual standard. First, the factual findings are reviewed […]

351 P.2d 194 EVELYN JACOBSON, STEVEN JACOBSON, CONNIE JACOBSON, KENNETH JACOBSON, minors by EVELYN JACOBSON, their Mother and Next Friend, Appellants, v. ALBERT S. PARRILL, Appellee. No. 41,732Supreme Court of Kansas Opinion filed April 9, 1960. SYLLABUS BY THE COURT AUTOMOBILES — Wrongful Death Action — Derivative Liability — Respondeat Superior. The record in an […]

106 P.3d 99 STATE v. ARNOLD. No. 91,962.Court of Appeals of Kansas February 18, 2005. Appeal from the Jewell. Decision without published opinion. Affirmed.

531 P.2d 60 STATE OF KANSAS, Appellee, v. THOMAS O. KELLY, Appellant. No. 47,415Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Duty of Prosecutor to Disclose Exculpatory Evidence. Prosecutors are under a positive duty, independent of court order, to disclose exculpatory evidence to a defendant. To […]

660 P.2d 81 EVELYN R. ROUSE, Appellant, v. LUTHER FEWIN, Appellee. No. 54,429Court of Appeals of Kansas Opinion filed March 10, 1983 Petition for review denied 233 Kan. 1093 (1983). SYLLABUS BY THE COURT 1. REAL PROPERTY — Duty of Care of Landowner to Person on Property. A landowner’s duty to a person on the […]

953 P.2d 1053 THAD U. ZORN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 77,574Court of Appeals of Kansas Opinion filed January 30, 1998. SYLLABUS BY THE COURT ADMINISTRATIVE LAW — Judicial Review of Agency Action — Review of Driver’s License Suspension Not confined to Agency Record. Even though a district court’s de novo review […]

366 P.2d 798 CHARLES H. KRUG, Appellant, v. O.A. SUTTON and FIDELITY AND CASUALTY COMPANY, Appellees. No. 42,630Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Claimant Independent Contractor — Finding Supported by Evidence. In a workmen’s compensation case in which, among other things, the trial court found […]

505 P.2d 749 F.E. BOTKIN, JOHN BOTKIN, DALE BOTKIN, and DONALD BOTKIN, PARTNERS d/b/a BOTKIN GRAIN COMPANY, Appellants, v. KICKAPOO, INC., a corporation, and JAMES CLARKE, Appellees. No. 46,529Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. ABANDONMENT — Defined. Generally, abandonment is the act of intentionally relinquishing a known […]

524 P.2d 220 WAYNE “BO” MARTIN, Appellant, v. STATE OF KANSAS, Appellee. No. 47,339Supreme Court of Kansas Opinion filed July 17, 1974. MEMORANDUM OPINION CRIMINAL LAW — No Denial of Due Process or Equal Protection. Appeal from Leavenworth district court, division No. 1; KENNETH HARMON, judge. Opinion filed July 17, 1974. Affirmed. Patrick J. Hurley, […]

670 P.2d 917 DONALD OTIS BURNWORTH, Appellant, v. BERNICE LUCILLE HUGHES, Appellee. No. 54,028Supreme Court of Kansas Opinion filed October 21, 1983. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody Proceeding — Best Interests of Child. The paramount concern of courts in every child custody proceeding is the welfare and best interests of […]

64 P.3d 382 STATE OF KANSAS, Appellee, v. JAMES E. MAASS, Appellant. No. 87,918.Supreme Court of Kansas Opinion filed March 7, 2003. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law, and an appellate court’s review is unlimited. An appellate court is not bound by […]

154 P.3d 1094 DEREK H. BRENNAN and CATHERINE M. BRENNAN, Husband and Wife, Appellees/Cross-appellants, v. CHRISTIAN W. KUNZLE and JANET L. KUNZLE, et al., Appellants/Cross-appellees. No. 94,273.Court of Appeals of Kansas. Opinion filed March 16, 2007. Petition for review denied 284 Kan. 945 (2007). SYLLABUS BY THE COURT1. FRAUD AND DECEIT — Sufficiency of Trial […]

978 P.2d 886 STATE OF KANSAS, Appellee, v. MICHAEL P. YARDLEY, Appellant. No. 79,186Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Murder and Aggravated Robbery — Joint Trial of Codefendants — Evidence of False Identification — Jury Instructions — Durational Departure Sentence. In a first-degree felony […]

101 P.3d 253 IN RE E.J.E. No. 91,339.Court of Appeals of Kansas December 3, 2004. Appeal from the Miami. Decision without published opinion. Affirmed.

215 P.2d 194 BERTHA ADAMS, AGNES MABEL REED, VIOLA BLANCHE LAFLIN and DAISY MARY LAFLIN, Appellees, v. WILLIAM REED, Appellant. In the Matter of the Estate of Amy J. Reed, Deceased; BERTHA ADAMS, AGNES MABEL REED, VIOLA BLANCHE LAFLIN and DAISY MARY LAFLIN, Appellees, v. AGNES JAMES, as administratrix of the estate of Amy J. […]

937 P.2d 21 SUNFLOWER PARK APARTMENTS, Appellee, v. DENISE JOHNSON, Appellant. No. 75,910Court of Appeals of Kansas Opinion filed April 25, 1997 SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Appellate Review. Because the interpretation and legal effect of written instruments are matters of law, the standard of review of an […]

82 P.3d 515 STATE OF KANSAS, Appellee/Cross-appellant, v. DAVID L. SCHEUERMAN II, Appellant/Cross-appellee. No. 88,741.[1] Court of Appeals of Kansas. Opinion filed August 1, 2003. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2002 Kan. Ct. R. Annot. 46). The published version […]

640 P.2d 878 M. CANDICE COX, NANCY K. DAIN, and JOHN T. CHERRYHOLMES, Plaintiffs-Appellees, v. FLOYD FREEMAN FORRISTALL, et al., Defendants-Appellees, and DELILAH STACKLEY, Defendant-Appellant. No. 52,833Court of Appeals of Kansas Opinion filed February 11, 1982 SYLLABUS BY THE COURT 1. WILLS — Construction — Resolution between Two Possible Constructions. If a will is capable […]

883 P.2d 764 STATE OF KANSAS, Appellee, v. ADRIAN ROBINSON, Appellant. No. 70,111.Supreme Court of Kansas Opinion filed October 28, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Attempted Felony Murder — Crime Not Recognized in Kansas — Attempted Felony-murder Jury Instruction Unconstitutional under Facts of Case. Kansas does not recognize the crime of […]

595 P.2d 723 STATE OF KANSAS, Appellant, v. JOHN CUEZZE, DOROTHY HOUSTON, and PATRICK FALTICO, Appellees. No. 50,123Supreme Court of Kansas Filed March 16, 1979. OPINION ON MOTION FOR REHEARING CRIMINAL LAW — Conspiracy — Count Charged Not in Violation of Constitutional Ex Post Facto Clause. Appeal from Wyandotte district court, division No. 3, HARRY […]

11 P.3d 1171 BRIAN COLFAX, a minor, by and through CHRISTINE COLFAX, his mother, natural guardian and next friend, Appellee, v. JAMES JOHNSON and RUTH McFARLAND, Defendants, v. CONTINENTAL WESTERN INSURANCE COMPANY, Appellant. No. 80,995Supreme Court of Kansas Opinion filed October 27, 2000. SYLLABUS BY THE COURT 1. INSURANCE — Interpretation of Policy — Court’s […]

665 P.2d 1111 STATE OF KANSAS, Appellee, v. GREGORY BLAINE ROSE, Appellant. No. 54,040Court of Appeals of Kansas Opinion filed June 23, 1983 Petition for review denied September 8, 1983. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Warrant — Probable Cause — Warrant Issued on Basis of Informant’s Tip. The “two-pronged test” […]

356 P.2d 678 STATE OF KANSAS, Appellee, v. GEORGE OSCAR HALL, Appellant. No. 42,035Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Larceny — Habitual Criminal Act — Admissibility of Photocopies. Defendant entered a plea of guilty to second-degree burglary and grand larceny, and was sentenced […]

815 P.2d 528 MARGARET S. RYAN, DENNIS E. RYAN, and SUE A. RYAN, Appellees, v. KANSAS POWER LIGHT COMPANY, Appellant. CLARENCE A. DICKSON, JR., and JEANETTE R. DICKSON, Appellees, v. KANSAS POWER LIGHT COMPANY, Appellant. Nos. 64,319, 64,381Supreme Court of Kansas Opinion filed July 12, 1991. SYLLABUS BY THE COURT 1. REAL PROPERTY — Condemnation […]

714 P.2d 1387 JAMES B. BRASEL and REVCO DISCOUNT DRUG STORE No. 932, Appellees and Cross-Appellants, v. STATE BOARD OF PHARMACY OF THE STATE OF KANSAS, Appellant and Cross-Appellee. No. 58,517Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT PHARMACY — Distribution of Controlled Substances — Violation of Statutes Regulating Distribution […]

61 P.3d 81 WENDELL ANDERSON, Claimant/Appellee, v. SCARLETT AUTO INTERIORS, Respondent/Appellant, and STATE FARM FIRE CASUALTY COMPANY, Insurance Carrier/Appellant. No. 88,539.Court of Appeals of Kansas. Opinion filed October 11, 2002. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Claimant’s Testimony as to Own Physical Condition — Sufficiency of Evidence to Support Claim. A workers compensation claimant’s […]

684 P.2d 1019 EVELYN M. CORY, ADMINISTRATRIX OF THE ESTATE OF LEONARD CORY, DECEASED, AND EVELYN M. CORY, INDIVIDUALLY, Plaintiff-Appellee, v. THE BINKLEY COMPANY, A FOREIGN CORPORATION, Defendant-Appellant, and AETNA LIFE INSURANCE COMPANY, Defendant-Appellee. No. 56,148Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT INSURANCE — Medical and Hospital Expenses of […]

662 P.2d 255 EDNA PRAY AND FRANK CARNEY, Appellees, v. PREMIER PETROLEUM, INC., EDWIN LINQUIST, CARL SWAN, and L.A. WATSON, Appellants. No. 54,632Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE COURT 1. OIL AND GAS — “In Paying Quantities“. Although the phrase “in paying quantities” may not appear in an oil […]

692 P.2d 386 BUD PALMER AND CARL McCOY d/b/a Broadway Furniture, Plaintiffs-Appellees, v. FIRST NATIONAL BANK OF KINGMAN, KANSAS, Defendant-Appellant. No. 54,635Court of Appeals of Kansas Opinion filed December 20, 1984 SYLLABUS BY THE COURT 1. TAXATION — Personal Property Taxes — When Taxes become Lien on Property. Property taxes are not a lien upon […]

541 P.2d 698 LEONARD E. BRUFFETT, Appellant, v. STATE OF KANSAS, Appellee. No. 47,736Supreme Court of Kansas Opinion filed July 17, 1975. Appeal from Johnson district court, division No. 1; HERBERT W. WALTON, judge. Opinion filed July 17, 1975. Randolph G. Austin, of Hackler, Londerholm, Speer, Vader and Austin, of Olathe, was on the brief […]

79 P.3d 1285 In the Matter of DONALD J. FRANCIS, Respondent. No. 90,704.Supreme Court of Kansas. Opinion filed December 12, 2003. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed December 12, 2003. One-year suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause and was […]

326 P.2d 306 KENNETH B. WHITE, Appellant, v. FRED WHITE, Appellee. No. 40,841Supreme Court of Kansas Opinion filed June 7, 1958. SYLLABUS BY THE COURT 1. EVIDENCE — Evidence as to Existence and Force of Instrument — Parol Evidence Rule. As between the original parties the rule which prohibits the introduction of parol evidence to […]

204 P.3d 585 STATE OF KANSAS, Appellee, v. WILLIAM BRADLEY KING, Appellant. No. 95,088.Supreme Court of Kansas. Opinion filed March 27, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Defendant’s Postarrest Silence May Not Be Used to Impeach Defendant’s Credibility. In Doyle v. Ohio, 426 U.S. 610, 49 L. Ed. 2d 91, 96 S. Ct. […]

573 P.2d 1055 HAROLD F. PIKE, Appellant, v. THE GAS SERVICE COMPANY, Appellee. No. 49,089Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Notice Requirement — Lack of Notice — Claim Not Barred Unless Prejudice Shown. Lack of notice to the employer, which notice is required by […]

639 P.2d 1130 STATE OF KANSAS, Petitioner, v. WILMER GOERING, Respondent. No. 53,846Supreme Court of Kansas February 2, 1982 ORDER OF INDEFINITE SUSPENSION ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. WHEREAS, on the 29th day of April, 1981, Arno Windscheffel, disciplinary administrator, initiated a formal complaint against Wilmer Goering, an attorney, alleging violations […]

558 P.2d 130 WILBUR WEBBER, A MINOR, BY AND THROUGH HIS NEXT FRIEND, SHIRLEY WITWER, Appellee, v. RON PATTON, Appellant. No. 48,219Supreme Court of Kansas Opinion filed December 11, 1976. MEMORANDUM OPINION TRIAL — Misconduct of Jury — New Trial Denied. Appeal from Montgomery district court; DAVID H. SCOTT, judge. Opinion filed December 11, 1976. […]

997 P.2d 710 STATE OF KANSAS, Appellee, v. DAVID G. GILL, Appellant. No. 78,284Supreme Court of Kansas Opinion filed January 28, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Stipulation by Defendant of Convicted Felon Status as Element of New Crime — Waiver of State’s Burden to Prove Felony Status — Absent Formal Stipulation State […]

122 P.3d 838 GALLOWAY v. SHELTON. No. 94,374.Court of Appeals of Kansas. November 18, 2005. Appeal from Norton. Decision without published opinion. Affirmed.

210 P.2d 1001 JOHN GARNETT, Appellee, v. CALADONIA TERNES and JOE TERNES, Appellants. No. 37,588Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT CANCELLATION OF INSTRUMENTS — Grounds for Cancellation — Insufficient Performance. Where a father had conveyed a house and lot to a daughter in consideration for her agreement to […]

440 P.2d 650 STATE OF KANSAS, Appellee and Cross-Appellant, v. ELMER G. PAXTON, Appellant and Cross-Appellee. No. 45,071Supreme Court of Kansas Supplemental opinion filed June 19, 1968. SUPPLEMENTAL OPINION SYLLABUS BY THE COURT Certain factual statements appearing in the original opinion in State v. Paxton, 201 Kan. 353, 440 P.2d 650, filed May 11, 1968, […]

769 P.2d 678 In the Matter of the Marriage of ROGER HARRISON, Appellee, and PAMELA L. HARRISON, Appellant. No. 61,776Court of Appeals of Kansas Opinion filed March 3, 1989 SYLLABUS BY THE COURT DIVORCE — Military Retirement Pay — Marital Property Subject to Division. Pursuant to K.S.A. 23-201(b), military retirement pay, whether vested or unvested, […]

747 P.2d 784 STATE OF KANSAS, Appellee, v. TERESA E. CLASSEN a/k/a LATISA MECHEUX a/k/a THERESA E. CLASSEN a/k/a LATRICIA E. MECHEAUX, Appellant, and STATE OF KANSAS, Appellee, v. LATISA MICHEAUX, Appellant. Nos. 59,911 and 59,912Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. INDICTMENT OR INFORMATION — Sufficiency of […]

325 P.2d 321 EVELYN DOMANN, Appellee, v. CHARLES PENCE and WILLIAM MOON, Appellants. No. 40,961Supreme Court of Kansas Opinion filed May 10, 1958. SYLLABUS BY THE COURT 1. TRIAL — Misconduct of Jury — Necessity for Showing Prejudice. While public policy forbids that after the jury has tried the case the court or litigants shall, […]

399 P.2d 822 WILLARD C. REEDER and JOYCE REEDER, Appellees, v. GUARANTEED FOODS, INC., Appellant. No. 43,910Supreme Court of Kansas Opinion filed March 6, 1965. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Purchase of Deepfreeze and Food Plan — Burden of Proof — Motion for Directed Verdict. In an action based upon fraud […]

27 P.3d 927 DONNA YOH, Appellee, v. JASON HOFFMAN, SPECIAL ADMINISTRATOR FOR THE ESTATE OF FRANK TESKE, Appellant. No. 85,815Court of Appeals of Kansas Opinion filed: June 15, 2001. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Service of Process — Application of Purported Service Provision of Statute. K.S.A. 60-203(b) does not apply when there […]

123 P.3d 212 RONALD V. ODETTE FAMILY LTD. PARTNERSHIP v. AGCO FINANCE, LLC. No. 93,019.Court of Appeals of Kansas. December 2, 2005. Appeal from Chautauqua. Decision without published opinion. Affirmed.

386 P.2d 228 RICHARD L. DUNN, Appellant, v. SHERMAN H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 43,648Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Penalty Statutes — How Construed. G.S. 1949, 21-403 and 21-109 are examined and construed, and it is held: In […]

105 P.3d 1253 In the Matter of the Marriage of DAVID L. KUZANEK, Appellant, and KAREN K. KUZANEK, Appellee. No. 90,478.Supreme Court of Kansas. Opinion Filed February 18, 2005. SYLLABUS BY THE COURT1. DIVORCE — Spousal Maintenance — Termination of Maintenance When Receving Party Cohabits with Unrelated Adult of Opposite Sex — “Cohabitation” Construed. In […]