RONALD V. GATLIN, Appellant, v. HARTLEY, NICHOLSON, HARTLEY ARNETT, P.A., Appellee. No. 85,924Court of Appeals of Kansas Opinion filed: June 15, 2001. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Motion to Dismiss for Failure to State Cause of Action for Which Relief May Be Granted — Appellate Review of Granting of Motion. The standard […]
Category: Kansas Court Opinions
STATE v. PHILLIPS, 35 Kan. App. 2d xix (2006)
State v. Phillips. No. 93,710.Court of Appeals of Kansas. April 21, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. HINES, 44 Kan. App. 2d 373 (2010)
STATE OF KANSAS, Appellant, v. MATTHEW M. HINES, Appellee. Nos. 102,233.Court of Appeals of Kansas. Opinion filed: August 6, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Departure Sentence — Court’s Considerations. In determining whether a case presents substantial and compelling reasons for imposing a departure sentence, a court may consider the following: […]
BETHANY MEDICAL CENTER v. WALLACE, 23 Kan. App. 2d 120 (1996)
928 P.2d 97 BETHANY MEDICAL CENTER, Appellee, v. WALLACE, SAUNDERS, AUSTIN, BROWN and ENOCHS, CHARTERED, Appellant. No. 74,033Court of Appeals of Kansas Opinion filed November 27, 1996 SYLLABUS BY THE COURT 1. AGENCY — Notice of Agency Relationship — Actual and Implied Notice Discussed. Actual notice includes both express and implied notice. Express notice includes […]
LINDSEY v. MIAMI COUNTY NATIONAL BANK, 267 Kan. 685 (1999)
984 P.2d 719 MICHAEL LINDSEY, Appellant, v. MIAMI COUNTY NATIONAL BANK, Appellee. No. 81,342Supreme Court of Kansas Opinion filed July 9, 1999 SYLLABUS BY THE COURT 1. DAMAGES — Punitive Damages — Amendment of Petition to Claim Punitive Damages — Trial Court Discretion — Appellate Review. Under K.S.A. 60-3703, the decision whether to permit a […]
STATE v. MURRAY, 200 Kan. 526 (1968)
437 P.2d 816 STATE OF KANSAS, Appellee, v. ROBERT MURRAY, a/k/a ALFRED W. MURRAY, Appellant. No. 44,863Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutor’s Remarks — Instructions on Circumstantial Evidence — Failure to Instruct on Lesser Offense — No Prejudicial Error. In a prosecution for […]
STATE v. VANDAM, 280 Kan. 991 (2005)
State v. Vandam. No. 93,211.Supreme Court of Kansas. November 1, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. GATLIN, 284 Kan. 948 (2007)
State v. Gatlin. No. 95,270.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
CHANCE v. STATE, 195 Kan. 711 (1965)
408 P.2d 677 LANGDON WOODS CHANCE, Appellant, v. STATE OF KANSAS, Appellee. No. 44,317Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Evidentiary Hearing. Petitioner brought this proceeding under the provisions of K.S.A. 60-1507 by filing a motion to vacate and […]
STATE v. SIGG, 276 Kan. 973 (2003)
STATE v. SIGG. No. 88,615.Supreme Court of Kansas. November 12, 2003. Reported below Unpublished. Petition for review denied.
STATE v. GARRETT, 235 Kan. 768 (1984)
684 P.2d 413 STATE OF KANSAS, Appellant, v. DAVID D. GARRETT, Appellee. No. 56,334Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Escape from Custody — Application to Convicted Felon Who Leaves Community Corrections Program. K.S.A. 21-3810, which provides for the offense of aggravated escape from […]
SCOTT v. ALTMAR, INC., 272 Kan. 1280 (2002)
38 P.3d 673 ULYSSES SCOTT, Appellant, v. ALTMAR, INC., Appellee. No. 86,708Supreme Court of Kansas Opinion filed: January 25, 2002. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Appellate Review. The standard of review relating to summary judgment is discussed and applied. 2. WORKERS COMPENSATION — Recovery of Workers Compensation Benefits — Employee Barred from […]
STANDARD STEEL WORKS v. CRUTCHER-ROLFS-CUMMINGS, INC., 176 Kan. 121 (1954)
269 P.2d 402 STANDARD STEEL WORKS, Appellee, v. CRUTCHER-ROLFS-CUMMINGS, INC., Appellant. No. 39,315Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Order Overruling Motion to Quash Service — Not Final Order. An order overruling a motion to quash service of summons does not determine the action […]
STATE v. HENDERSHOT, 32 Kan. App. 2d xxxvi (2004)
State v. Hendershot. No. 90,926.Court of Appeals of Kansas. August 20, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
ALDERSON v. STATE, 36 Kan. App. 2d 29 (2006)
138 P.3d 330 SHAWN ALDERSON, Appellant, v. STATE OF KANSAS, Appellee. No. 94,408.Court of Appeals of Kansas. Opinion filed June 30, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Ineffective Assistance of Counsel Claim in Criminal Case — Appellate Review. In reviewing a trial court’s decision on ineffective assistance of counsel claims, an appellate […]
PATTE v. KOTTWITZ, 219 Kan. 308 (1976)
548 P.2d 480 GENIVIEVE PATTE (formerly GENIVIEVE HILL), d/b/a LUXURY MOTOR CRUISERS, Appellee, v. KENT A. KOTTWITZ, Appellant. No. 47,814Supreme Court of Kansas Opinion filed April 10, 1976. MEMORANDUM OPINION APPEAL AND ERROR — Instructions — When Reviewable — Appeal Dismissed. Appeal from Barton district court, division No. 2; HERB ROHLEDER, judge. Opinion filed April […]
STATE v. GARLAND, 278 Kan. 849 (2004)
STATE v. GARLAND. No. 90,447.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
RAY v. STATE HIGHWAY COMMISSION, 196 Kan. 13 (1966)
410 P.2d 278 R.E. RAY and SADIE RAY, his wife, Appellants, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 44,137Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. HIGHWAY — Extent of Property Owner’s Right of Access — Controlled Access Facilities — Reasonable Access — Police Powers — Damages Non-compensable. […]
STATE v. ADAMS, 223 Kan. 254 (1977)
573 P.2d 604 STATE OF KANSAS, Appellee, v. GARY ADAMS, Appellant. No. 48,844Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT EVIDENCE — Statement by Declarant Who is Unavailable as a Witness — When Not Hearsay. A hearsay statement made by a declarant who is unavailable as a witness may be […]
STATE v. STOUT, 175 Kan. 414 (1953)
264 P.2d 1056 THE STATE OF KANSAS, Appellee, v. PAUL VIRGIL STOUT, Appellant. No. 39,095Supreme Court of Kansas Opinion filed December 12, 1953. SYLLABUS BY THE COURT 1. EMBEZZLEMENT — By Bailee. A person may be convicted under the provisions of G.S. 1949, 21-547, where he embezzles property with which he has been entrusted as […]
STATE v. ROBINSON, 182 Kan. 505 (1958)
322 P.2d 767 STATE OF KANSAS, Appellee, v. WILLIAM S. ROBINSON, Appellant. No. 40,742Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT CRIMINAL LAW — Admissions and Confessions — Instructions — Admissibility of Evidence. The record is examined in a criminal prosecution and it is held that the trial court did […]
STATE EX REL. DIX v. STATE BD. OF EDUC., 224 Kan. 38 (1978)
578 P.2d 692 STATE OF KANSAS, ex rel., LEONARD J. DIX, COUNTY ATTORNEY OF ROOKS COUNTY, KANSAS, et al., Appellants, v. THE BOARD OF EDUCATION OF THE STATE OF KANSAS, et al., Appellees. No. 48,605Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. SCHOOLS — Territory Transfer between Unified School […]
SHAY v. STATE DEPT. OF TRANSPORTATION, 265 Kan. 191 (1998)
959 P.2d 849 MARK A. SHAY, Appellant, v. STATE OF KANSAS, DEPARTMENT OF TRANSPORTATION, Appellee. No. 79,507Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Discovery — Failure to Comply with Orders — Sanctions — Trial Court Discretion — Appellate Review. The imposition of sanctions for failure […]
LAVERY v. LAVERY, 208 Kan. 603 (1972)
492 P.2d 1311 JOAN LAVERY, Appellee, v. THOMAS J. LAVERY, Appellant. No. 46,204Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT DIVORCE — Division of Property — No Abuse of Discretion. The record in a divorce action is examined and it is held that the trial court did not abuse its […]
GLADEN v. STATE, 196 Kan. 586 (1966)
413 P.2d 124 BERNARD T. GLADEN, Appellant, v. STATE OF KANSAS, Appellee. No. 44,441Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Equal Protection — Judicial Discretion in Application of Statute to People of Same Class. The exercise of reasonable discretion in the application of a law […]
AUGUSTA MEDICAL COMPLEX, INC. v. BLUE CROSS, 230 Kan. 361 (1981)
634 P.2d 1123 AUGUSTA MEDICAL COMPLEX, INC., et al., Appellees, v. BLUE CROSS OF KANSAS, INC., Appellant. No. 53,012Supreme Court of Kansas Opinion filed October 23, 1981. SYLLABUS BY THE COURT HOSPITALS — Blue Cross Insurance Service — Nonassignability of Subscribers’ Benefits Upheld. The provision in the subscribers’ contracts rendering benefits personal and nonassignable is […]
STATE v. RIOS, 246 Kan. 517 (1990)
792 P.2d 1065 STATE OF KANSAS, Appellee/Cross-Appellant, v. RICHARD M. RIOS, Appellant/Cross-Appellee. STATE OF KANSAS, Appellee/Cross-Appellant, v. WILLIAM S. JOHNSON, Appellant/Cross-Appellee. Nos. 62,449, 62,478Supreme Court of Kansas Opinion filed May 25, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theft by Deception — Definition Incorporates Crime of Obtaining Money by False Pretenses — Acts […]
STATE v. CARVER, 32 Kan. App. 2d xxxii (2004)
State v. Carver. No. 91,233.Court of Appeals of Kansas. September 3, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
JOHNSTON JOHNSTON, P.A. v. GULF INS. CO., 8 Kan. App. 2d 401 (1983)
659 P.2d 249 JOHNSTON JOHNSTON, P.A., Appellee, v. GULF INSURANCE COMPANY, Appellant. No. 54,550Court of Appeals of Kansas Opinion filed February 24, 1983 SYLLABUS BY THE COURT 1. INSURANCE — Personal Injury Protection — Attorney Fees for Services Performed in Obtaining Reimbursement for PIP Insurer. The intent of the legislature, as shown by its enactment […]
STATE v. PHELPS, 266 Kan. 185 (1998)
967 P.2d 304 STATE OF KANSAS, Appellant, v. FRED W. PHELPS, SR., Appellee. No. 79,412Supreme Court of Kansas Opinion filed November 6, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examination — Lack of Probable Cause — Discharge of Defendant — Prosecutor’s Appeal — De Novo Review of Evidence by Appellate Court. In […]
STATE, EX REL. v. CITY OF TOPEKA, 168 Kan. 663 (1950)
215 P.2d 644 THE STATE OF KANSAS, ex rel., WARREN W. SHAW, County Attorney of Shawnee County, Plaintiff, v. THE CITY OF TOPEKA, a municipal corporation: FRANK J. WARREN, Mayor; HARRY SNYDER, Commissioner of Parks; C. MADISON WILLIAMS, Commissioner of Streets; LLOYD SMITH, Commissioner of Water; J. GLEN DAVIS, Commissioner of Finance, Defendants. No. 37,816Supreme […]
BRETCHES v. CURTIS MACHINE CO., 280 Kan. 981 (2005)
Bretches v. Curtis Machine Co. No. 92,776.Supreme Court of Kansas. November 1, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
AMERICAN STATES INS. CO. v. INT’L EDUC. SERV., INC., 277 Kan. 923 (2003)
AMERICAN STATES INS. CO. v. INTERNATIONAL EDUCATION SERVICES, INC. No. 90,208.Supreme Court of Kansas. December 23, 2003. Reported below Unpublished. Petition for review denied.
IN RE GRAHAM, 251 Kan. 835 (1992)
840 P.2d 521 In the Matter of DAVID C. GRAHAM, Respondent. No. 68,169Supreme Court of Kansas Opinion filed October 30, 1992. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed October 30, 1992. Public censure. Bruce E. Miller, disciplinary administrator, argued the cause and was […]
MUELLER v. ROBERTS, 276 Kan. 969 (2003)
MUELLER v. ROBERTS. No. 88,477.Supreme Court of Kansas. June 26, 2003. Reported below Unpublished. Petition for review denied.
FARM BUREAU MUTUAL INS. CO. v. BARNETT, 189 Kan. 385 (1962)
369 P.2d 350 FARM BUREAU MUTUAL INSURANCE COMPANY, INCORPORATED, Appellant, v. J.R. BARNETT, MINNIE BARNETT, ARTHUR E. KOHLS, and KATHRYN KOHLS, Appellees. No. 42,559Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT DECLARATORY JUDGMENT — Actual Controversy — Failure to Agree How Contentions Arose. The record in an appeal in a […]
STATE v. PETERSON, 25 Kan. App. 2d 354 (1998)
964 P.2d 695 STATE OF KANSAS, Appellee, v. DAVID W. PETERSON, Appellant. No. 77,717Court of Appeals of Kansas Opinion filed July 31, 1998. Petition for review denied 266 Kan. 1114 (1998) SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Departure Sentence — Appellate Review. Under present Kansas law, appellate review of a departure sentence […]
MATZEN v. STATE CORPORATION COMMISSION, 185 Kan. 206 (1959)
341 P.2d 1031 CARL F. MATZEN, Appellee, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant, CITIES SERVICE OIL COMPANY, Intervenor, Appellant. No. 41,338Supreme Court of Kansas Opinion filed July 10, 1959. SYLLABUS BY THE COURT GAS — Exception to Basic Proration Order — Notice — Validity of Order. In a proceeding originating before […]
BANNON v. KANSAS REAL ESTATE COMM’N, 12 Kan. App. 2d 54 (1987)
733 P.2d 330 JEFF BANNON, Appellant, v. KANSAS REAL ESTATE COMMISSION, Appellee. No. 59,107[1] Court of Appeals of Kansas Opinion filed January 22, 1987 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated February 13, 1987, pursuant to Rule 7.04. MEMORANDUM OPINION Appeal […]
STATE v. HOLLAND, 277 Kan. 926 (2004)
STATE v. HOLLAND. No. 89,194.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.
STATE v. IBARRA, 282 Kan. 530 (2006)
147 P.3d 842 STATE OF KANSAS, Appellee, v. STEVEN M. IBARRA, Appellant. No. 89,011.Supreme Court of Kansas. Opinion filed December 8, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — State’s Burden of Proof — Appellate Review. When a motion to suppress evidence is filed, the State bears the burden of proving […]
STATE v. GRIFFIN, 281 Kan. 1380 (2006)
State v. Griffin. No. 93,609.Supreme Court of Kansas. June 8, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. MOORE, 281 Kan. 1381 (2006)
State v. Moore. No. 93,386.Supreme Court of Kansas. May 9, 2006. Appeal from the 34 Kan. App. 2d 795. Petitions for Review of Decisions of the Court of Appeals Granted.
STATE v. DOWDY, 222 Kan. 118 (1977)
563 P.2d 425 STATE OF KANSAS, Appellant, v. BRENDA DOWDY, KEITH BANKS, JUDY FINLAY, DANNY HANSON, SYDNEY SCANLON, JOHN THOMAS FINLAY, LARRY HAITH, MYRON HAITH, TED BRYANT, ALFRED HILL, LEO J. McMAHON, MICHAEL J. BROADFOOT, BOYD DOUGLAS RANSOM, Appellees. No. 48,398Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. TELECOMMUNICATIONS […]
STATE v. KENDALL, 274 Kan. 1003 (2002)
58 P.3d 660 STATE OF KANSAS, Appellee, v. RICHARD R. KENDALL, JR., Appellant. No. 87,384Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence. Under K.S.A. 1999 Supp. 8-1567(a), no person shall “operate or attempt to operate” any vehicle within this state while under the […]
CRETEN v. KANSAS DEPT. OF REVENUE, 45 Kan. App. 2d 1098 (2011)
257 P.3d 1250 DAWN CRETEN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 102,792.Court of Appeals of Kansas. Opinion filed June 24, 2011. SYLLABUS BY THE COURT1. MOTOR VEHICLES — Driver’s License Suspension Hearing — Testing Procedures Used for Breath Alcohol Determination — Judicial Determination Whether Procedure Complied with Those Established by Kansas Department of […]
ROBINSON v. BOARD OF COUNTY COMMISSIONERS, 210 Kan. 684 (1972)
504 P.2d 263 T.F. ROBINSON, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF OSBORNE COUNTY, KANSAS; EVERETT YOXALL, COUNTY CLERK OF OSBORNE COUNTY, KANSAS; and SHIRLEY CURRY, TREASURER OF OSBORNE COUNTY, KANSAS, Appellants. No. 46,671Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. AMBULANCE SERVICE — Privately Owned Ambulance Service […]
ELROD v. PREFERRED RISK MUTUAL INS. CO., 201 Kan. 254 (1968)
440 P.2d 544 GEORGE E. ELROD, Appellee, v. PREFERRED RISK MUTUAL INSURANCE COMPANY, Des Moines, Iowa, Appellant. No. 45,005Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT 1. AUTOMOBILES — Sale Without Certificate of Title Void. The act or omission made unlawful by K.S.A. 8-135 (c) (6) and which renders a […]
KOONS v. KOONS, 190 Kan. 65 (1962)
372 P.2d 62 ROSEMARY KOONS, Appellant, v. WALLACE G. KOONS, Appellee. No. 42,777Supreme Court of Kansas Opinion filed June 9, 1962. SYLLABUS BY THE COURT DIVORCE — Child Support — Military Allotments — Effect. The record in a proceeding in the district court to compel payment of child support under a divorce decree where the […]
IN RE TARANTINO, 286 Kan. 254 (2008)
182 P.3d 1241 In the Matter of FRANK P. TARANTINO, Respondent. No. 99,499.Supreme Court of Kansas. Opinion filed May 16, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed May 16, 2008. Indefinite suspension. Janith A. Davis, deputy disciplinary administrator, argued the cause, and Stanton […]
STATE v. HANMONT, 278 Kan. 849 (2004)
STATE v. HANMONT. No. 89,375.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
LOCKS v. BOEING CO., 19 Kan. App. 2d 17 (1993)
864 P.2d 738 KATHIE J. LOCKS, Appellee, v. BOEING COMPANY — WICHITA and AETNA CASUALTY SURETY COMPANY, Appellants. No. 68,386[1] Court of Appeals of Kansas Opinion filed July 16, 1993 Petition for review denied 253 Kan. 859 (1993). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish […]
IN RE CARE TREATMENT OF MILLER, 286 Kan. 1178 (2008)
In re Care Treatment of Miller. No. 97,273.Supreme Court of Kansas. September 24, 2008. Appeal from the 39 Kan. App. 2d 905. Petition for Review of Decision of the Court of Appeal Granted.
FARMERS UNION CENTRAL COOPERATIVE EXCHANGE v. TOMSON, 192 Kan. 274 (1963)
387 P.2d 202 FARMERS UNION CENTRAL COOPERATIVE EXCHANGE, a Kansas Corporation, Appellant, v. J.G. TOMSON, JR., d/b/a TOMSON HYBRID SEED CORN COMPANY, Appellee. No. 43,398Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT 1. TRIAL — Right to Argue Cause. The record in an action to recover the balance due on […]
STATE v. STUBER, 25 Kan. App. 2d 254 (1998)
962 P.2d 1104 STATE OF KANSAS, Appellee, v. JOSEPH SCOTT STUBER, Appellant. No. 76,952Court of Appeals of Kansas Opinion filed July 2, 1998 Petition for review denied 265 Kan. 889 (1998) SYLLABUS BY THE COURT 1. SECURITIES — Kansas Securities Act — Required Disclosure of Material Facts — Facts Relating to Condition of Company and/or […]
STATE v. MINOR, 229 Kan. 86 (1981)
622 P.2d 998 STATE OF KANSAS, Appellee, v. SAMUEL MINOR, Appellant. No. 52,037Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Informer’s Identity — Burden of Proof on Defendant to Show Relevancy of Disclosure. A defendant must show the identity of an informer is material to his […]
MIZE v. STATE, 199 Kan. 666 (1967)
433 P.2d 397 JOHN LEONARD MIZE, Appellant, v. STATE OF KANSAS, Appellee. No. 44,811Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Contemporaneous Objection Rule — Counsel — How Number of Challenges Determined. In a proceeding under K.S.A. 60-1507 the record […]
COFFEE v. FLEMING COMPANY, INC., 199 Kan. 453 (1967)
430 P.2d 259 DIXIE MARIE COFFEE, Appellant, v. THE FLEMING COMPANY, INC., and AETNA CASUALTY AND SURETY COMPANY, Appellees. No. 44,914Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Award — Review and Modification — Construction of Statute. The provision in K.S.A. 44-528 for review and modification […]
IN RE REED, 8 Kan. App. 2d 602 (1983)
663 P.2d 675 IN THE INTEREST OF TANYA REED and RONALD JUDSON, Minor Children Under the Age of 18, to-wit: 6 and 4 Years of Age, Respectively. JANET JUDSON, Appellant, v. GERALD W. HART, Assistant County Attorney, and ROBERT L. FARMER, Guardian Ad Litem, Appellees. No. 54,657Court of Appeals of Kansas Opinion filed May 26, […]
STATE v. REID, 280 Kan. 990 (2005)
State v. Reid. No. 90,911.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. CAMARA-LOPEZ, 286 Kan. 1181 (2008)
State v. Camara-Lopez. No. 96,845.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. JOHNSON, 231 Kan. 151 (1982)
643 P.2d 146 STATE OF KANSAS, Appellee, v. STANLEY JOHNSON, JR., Appellant. No. 53,344Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Custodial Interrogation — Duty of Police to Notify Person of Right to Silence. In cases of in-custody interrogation, police officers have the duty to take […]
NORTH CENT. KAN. PROD. CRED. ASS’N v. BOESE, 2 Kan. App. 2d 231 (1978)
577 P.2d 824 NORTH CENTRAL KANSAS PRODUCTION CREDIT ASSOCIATION, Plaintiff-Appellant, v. GALEN H. BOESE and MARY ANN BOESE, Defendants, and IOWA BEEF PROCESSORS, INC., Defendant-Appellee. No. 49,077Court of Appeals of Kansas Opinion filed April 28, 1978 Affirmed by Supreme Court in unpublished opinion, December 9, 1978. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — […]
GEORGE v. STATE, 278 Kan. 844 (2004)
GEORGE v. STATE. No. 90,375.Supreme Court of Kansas. September 15, 2004. Reported below Unpublished. Petition for review denied.
STATE v. LEGG, 32 Kan. App. 2d xxxvii (2004)
State v. Legg. No. 91,415.Court of Appeals of Kansas. May 21, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.
KENOYER v. MAGNOLIA PETROLEUM CO., 173 Kan. 183 (1952)
245 P.2d 176 W.R. KENOYER (Revived in the name of ROBERTA KENOYER, Executrix of the Estate of W.R. Kenoyer, Deceased), Appellant, v. MAGNOLIA PETROLEUM COMPANY, a Corporation, Appellee. No. 38,644Supreme Court of Kansas Opinion filed June 7, 1952. SYLLABUS BY THE COURT MINES AND MINERALS — Lease Agreement — Consolidating Leaseholds — Rule Against Perpetuities. […]
SCOTT v. DAY AND ZIMMERMAN, INC., 216 Kan. 458 (1975)
532 P.2d 1111 GEORGE SCOTT, Appellee, v. DAY AND ZIMMERMAN, INC., and LIBERTY MUTUAL INSURANCE COMPANY, Appellants. No. 47,568Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Reasons for Decision — Summary Judgment Proper. The record in an action pursuant to K.S.A. 44-512a is examined and, as set […]
FRONTIER DITCH v. CHIEF ENGR. OF DIV OF WATER RESOURCES, 237 Kan. 857 (1985)
704 P.2d 12 FRONTIER DITCH COMPANY, Plaintiff/Appellant, v. CHIEF ENGINEER OF THE DIVISION OF WATER RESOURCES, KANSAS STATE BOARD OF AGRICULTURE, Defendant/Appellee, and STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Plaintiff/Appellee, v. FRONTIER DITCH COMPANY, Defendant/Appellant. No. 57,808Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS BY THE COURT 1. WATER — Vested […]
STATE v. BEMIS, 32 Kan. App. 2d xxxi (2004)
State v. Bemis. Nos. 89,088, 89,605.Court of Appeals of Kansas. July 30, 2004. Appeal from the Reno. Unpublished Opinions Convictions affirmed; sentence vacated; remanded.
JOHNSON COUNTY AUTO CREDIT, INC. v. GREEN, 31 Kan. App. 2d 250 (2003)
62 P.3d 680 JOHNSON COUNTY AUTO CREDIT, INC., Appellant, v. DAVID A. GREEN and RONDA L. GREEN, Appellees. No. 88,204.Court of Appeals of Kansas. Opinion filed February 7, 2003. SYLLABUS BY THE COURTUNIFORM CONSUMER CREDIT CODE — Default on Automobile Loan — Significant Impairment of Collateral When Borrower Defaults on Loan Provision to Insure Vehicle. […]
BEAUREGARD v. STATE, 281 Kan. 1377 (2006)
Beauregard v. State. No. 93,510.Supreme Court of Kansas. March 29, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
CRAWFORD v. HRABE, 273 Kan. 565 (2002)
44 P.3d 442 STEVE CRAWFORD, d/b/a S M OIL COMPANY, Appellee, v. MARVIN HRABE, BRUCE KROB, LUCILLE ROGERS, and PATRICIA IREY, Appellants. No. 87,624Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Controlling Facts Based on Written or Documentary Evidence — De Novo Review by Appellate […]
IN RE SUTTON, 265 Kan. 251 (1998)
959 P.2d 904 In the Matter of JEFFREY A. SUTTON, Respondent. No. 80,508Supreme Court of Kansas Opinion filed May 29, 1998 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed May 29, 1998. Published censure. Marty M. Snyder, deputy disciplinary administrator, argued the cause, and […]
IN RE D.T.J., 32 Kan. App. 2d xxiv (2004)
In re D.T.J. No. 90,843.Court of Appeals of Kansas. February 6, 2004. Appeal from the Douglas. Unpublished Opinions Affirmed.
STATE v. CULVER, 32 Kan. App. 2d xxxiii (2004)
State v. Culver. No. 90,456.Court of Appeals of Kansas. May 21, 2004. Appeal from the Meade. Unpublished Opinions Affirmed.
BARTLETT GRAIN CO. v. KANSAS CORPORATION COMM’N, 292 Kan. 723 (2011)
BARTLETT GRAIN COMPANY, L.P., Appellant, v. KANSAS CORPORATION COMMISSION, Appellee. No. 103,297.Supreme Court of Kansas. Opinion filed August 5, 2011. SYLLABUS BY THE COURT1. JURISDICTION — Existence of Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which an appellate court exercises unlimited review. 2. APPEAL AND ERROR — Jurisdiction — […]
ALDERMAN v. FORD, 146 Kan. 698 (1937)
72 P.2d 981 BERTHA ALDERMAN, Appellant, v. SHERMAN FORD and W.S. HUDIBURG, Appellees. No. 33,594.Supreme Court of Kansas. Opinion filed November 6, 1937. SYLLABUS BY THE COURT1. DEAD BODIES — Right of Possession and Disposition. The widow of a deceased man has a right to possession of the dead body of her husband in the […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 10-18-2002)
56 P.3d 315Court of Appeals of Kansas October 18, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Fagan 86691 Cowley 10/18/2002 Affirmed State v. Gruenwald 87166 Sedgwick 10/18/2002 Conviction affirmed, sentence vacated in part, and case remanded with directions State v. Weigand 87357, Saline 10/18/2002 Affirmed in 87358, part, 87359, reversed […]
IN RE GRIFFITHS, 286 Kan. 957 (2008)
189 P.3d 1172 In the Matter of GRANT D. GRIFFITHS, Respondent. No. Bar Docket No. 18527.Supreme Court of Kansas. August 14, 2008. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated August 4, 2008, to the Clerk of the Appellate Courts, respondent Grant D. Griffiths, of Clay Center, Kansas, […]
DICK v. LaVILLA INNS, INC., 212 Kan. 101 (1973)
510 P.2d 188 JOHN V. DICK and GARY A. DICK, a partnership, doing business under the name and style of JOHN V. DICK CONSTRUCTION COMPANY, Appellant, v. LaVILLA INNS, INC., a corporation; ROBERT L. ARNOLD, WANDA J. ARNOLD, FLOYD BAIR CONSTRUCTION COMPANY, BEACHNER CONSTRUCTION COMPANY, INC., ROE PARSONS, JR., HOWELL READY MIX CONCRETE COMPANY, INC., […]
BURKHART v. PHILSCO PRODUCTS CO., 241 Kan. 562 (1987)
738 P.2d 433 KENNETH BURKHART, JR., an incapacitated person, by J. Byron Meeks, Conservator, Appellant, v. PHILSCO PRODUCTS COMPANY, INC., a Kansas Corporation; POWERLINE NYLON TOW ROPES, INC., an Ohio Corporation; RON BURKHART and ELRED BURKHART, Appellees. No. 59,370Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — […]
STATE v. PENN, 41 Kan. App. 2d 251 (2009)
201 P.3d 752 STATE OF KANSAS, Appellee, v. TYLER C. PENN, Appellant. No. 98,449.Court of Appeals of Kansas. Opinion filed February 27, 2009. SYLLABUS BY THE COURT1. EVIDENCE — Witness Credibility — Character Evidence — Traits of Honesty or Veracity or Their Opposites — Admissibility. K.S.A. 60-422(c) disallows proof of general bad or good character […]
SHORT v. WITWER, 2 Kan. App. 2d 441 (1978)
581 P.2d 399 PAUL DEAN SHORT, Appellant, v. ALVIN E. WITWER, Examiner for the Workmen’s Compensation Director of the State of Kansas and BRYCE B. MOORE, Director of the Division of Workmen’s Compensation, Kansas Department of Human Resources, Appellees. No. 49,551Court of Appeals of Kansas Opinion filed July 14, 1978 SYLLABUS BY THE COURT WORKERS’ […]
FAIRBROTHER v. WILEY’S, INC., 183 Kan. 579 (1958)
331 P.2d 330 NELVA FAIRBROTHER, Appellee, v. WILEY’S, INC., Appellant. No. 41,033Supreme Court of Kansas Opinion filed November 8, 1958. SYLLABUS BY THE COURT 1. NEGLIGENCE — Petition Alleging Ordinary Negligence — Allegations of Res Ipsa Loquitur — Sufficiency. Where a petition alleges specific acts of negligence, further allegations which appear to allege a cause […]
KANSAS SUNSET ASSOCS. v. KANSAS DEPT, HLTH ENV’T, 16 Kan. App. 2d 1 (1991)
818 P.2d 797 KANSAS SUNSET ASSOCIATES, Appellant, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT and STANLEY C. GRANT, SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellees. No. 66,009[1] Court of Appeals of Kansas Opinion filed May 10, 1991 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion […]
HAND v. BOARD OF EDUCATION, 198 Kan. 459 (1967)
424 P.2d 864 MILDRED HAND, GORDON KIRBY, LEE H. McCASLIN, LYLE PARSONS and RICHARD D. WHITE, on Behalf of Themselves and all Other Resident Electors in the Attendance Center of Disorganized McCUNE JOINT RURAL HIGH SCHOOL No. II, Appellants, v. BOARD OF EDUCATION of UNIFIED SCHOOL DISTRICT No. 247, Crawford County, State of Kansas; PHILLIP […]
SMITH v. YELL BELL TAXI, INC., 276 Kan. 305 (2003)
75 P.3d 1222 MELISSA SMITH, Appellant, v. YELL BELL TAXI, INC., A Kansas Corporation; and GLEN PUETT, a/k/a GLEN D. PUETT, JR., d/b/a YELL BELL TAXI, Appellees. No. 89,579.Supreme Court of Kansas. Opinion filed September 12, 2003. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. The interpretation of a statute is a question […]
STATE v. WAUFLE, 9 Kan. App. 2d 68 (1983)
673 P.2d 109 STATE OF KANSAS, Appellee, v. GINA L. WAUFLE, Appellant. No. 55,098Court of Appeals of Kansas Opinion filed November 23, 1983 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Indictment Charging One Count for Offense Involving Multiple Property Owners — Duplicitous Indictment Discussed. An indictment charging in one count an offense involving the […]
STATE v. LITTLEJOHN, 236 Kan. 497 (1984)
694 P.2d 403 STATE OF KANSAS, Appellee, v. BRIAN K. LITTLEJOHN, Appellant, and STATE OF KANSAS, Appellee, v. DONALD R. MOSES, Appellant. Nos. 56,311[1] , 56,394Supreme Court of Kansas Opinion filed October 26, 1984. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]
STATE v. DANIELS, 215 Kan. 164 (1974)
523 P.2d 368 STATE OF KANSAS, Appellee, v. CURTIS E. DANIELS, Appellant. No. 47,356Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Blackmail — Defense of Entrapment. The defense of entrapment is not available when the general criminal purpose to blackmail is admitted by the accused to […]
STATE v. REED, 32 Kan. App. 2d xl (2004)
State v. Reed. No. 90,222.Court of Appeals of Kansas. April 16, 2004. Appeal from the Miami. Unpublished Opinions Affirmed.
LEE v. STATE, 220 Kan. 221 (1976)
552 P.2d 626 GENE CLIFTON LEE, Appellant, v. STATE OF KANSAS, Appellee. No. 47,922Supreme Court of Kansas Opinion filed July 23, 1976. MEMORANDUM OPINION CRIMINAL LAW — Right to Appeal — Adequacy of Counsel. Appeal from Phillips district court; MARVIN W. MEYER, judge. Opinion filed July 23, 1976. Affirmed. Jerry M. Smetana, of Plainville, was […]
TRETBAR v. AGED MINISTERS HOME, 180 Kan. 18 (1956)
299 P.2d 58 F.W. TRETBAR, Appellant, v. THE AGED MINISTERS HOME, at Lakemont, N.Y., a corporation, also known as THE AGED CHRISTIAN MINISTER’S HOME, a corporation, Appellant; R. BOYD WALLACE, Executor of the Estate of Emma Rasmussen, Deceased, Appellant; THE STATE OF KANSAS, Appellee; the unknown officers, successors, trustees, and assigns of PALMER COLLEGE of […]
RAY v. CAUDILL, 266 Kan. 921 (1999)
974 P.2d 560 DENISE I. RAY, individually, and as the parent and natural guardian of LISA M. RAY, and as the parent and natural guardian of BILLIE J. RAY, Plaintiff/Appellant/Cross-appellee, v. JOHN W. CAUDILL, Defendant, and LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellee/Cross-appellant. No. 80,068Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE […]
KENNEDY v. MEYERCO, INC., 218 Kan. 387 (1975)
543 P.2d 937 NORMAN D. KENNEDY and DONNA KENNEDY, Appellees, v. MEYERCO, INC., Appellant. No. 47,836Supreme Court of Kansas Opinion filed December 13, 1975. MEMORANDUM OPINION JUDGMENTS — Refusing to Set Aside Default Judgment — Excusable Neglect — Abuse of Discretion. Appeal from Ford district court; ERNEST VIEUX, judge. Opinion filed December 13, 1975. Reversed […]
ZUKEL v. GREAT WEST MANAGERS, 277 Kan. 928 (2003)
ZUKEL v. GREAT WEST MANAGERS. No. 90,310.Supreme Court of Kansas. December 23, 2003. Reported below 31 Kan. App. 2d 1098. Petition for review denied. Page ix
STATE v. McCORKENDALE, 267 Kan. 263 (1999)
979 P.2d 1239 STATE OF KANSAS, Appellee, v. SCOTT McCORKENDALE, Appellant. No. 78,476Supreme Court of Kansas Opinion Filed May 4, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Accused’s Extrajudicial Statement — Ambiguity Whether Accused Asserted Right to Remain Silent — Effect. When a suspect makes a statement which may be ambiguous as to […]
STATE v. GRAHAM, 27 Kan. App. 2d 603 (2000)
6 P.3d 928 STATE OF KANSAS, Appellee, v. LEO D. GRAHAM, JR., Appellant. No. 82,819Court of Appeals of Kansas Opinion filed June 9, 2000. Petition for review denied 269 kan. 936 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Degree of Force Necessary to Effect Robbery. Property is taken by “force” so […]
DiBASSIE v. AM. STANDARD INS. CO. OF WISCONSIN, 8 Kan. App. 2d 515 (1983)
661 P.2d 812 DEAN R. DiBASSIE, Plaintiff-Appellee, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Defendant-Appellant. No. 54,387Court of Appeals of Kansas Opinion filed April 7, 1983 SYLLABUS BY THE COURT 1. INSURANCE — Personal Injury Protection Benefits — Liability of Insurer — Timely Payment Required Once Reasonable Proof of Loss Is Provided — Penalty for […]
BRUMBAUGH v. HEARTHSTONE, 32 Kan. App. 2d xix (2004)
Brumbaugh v. Atria Hearthstone. No. 91,486.Court of Appeals of Kansas. September 3, 2004. Appeal from the Workers Comp Bd. Unpublished Opinions Affirmed.