Category: Kansas Court Opinions

41 P.3d 847 IN THE MATTER OF GEORGE WILLIAM SWISHER, Respondent. No. 87,894Supreme Court of Kansas Opinion filed: March 8, 2002 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Suspension. Original proceeding in discipline. Opinion filed March 8, 2002. Two-year suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and […]

933 P.2d 161 JEFFREY SIMS, Claimant/Appellee, v. FRITO-LAY, INC., Respondent/Appellant, KEMPER INSURANCE COMPANY, Insurance Carrier, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 75,892Court of Appeals of Kansas Opinion filed: February 28, 1997. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Compensation for Temporary or Permanent Partial General Disabilities — Consideration of Report of Health Care […]

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 […]

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 […]

327 P.2d 854 ADOLF REDMAN, Appellant, v. MUTUAL BENEFIT HEALTH ACCIDENT ASSOCIATION, a Corporation, Appellee. No. 41,057Supreme Court of Kansas Opinion filed July 7, 1958. SYLLABUS BY THE COURT INSURANCE — Health and Accident — Retention of Application — Findings Supported by Evidence. The record in an action for specific performance of an alleged contract […]

740 P.2d 571 In the Matter of the Estate of NONA E. MORTON, DECEASED. MARY MOORE and RONNIE MOORE, Appellees, v. SETH MOORE, GENE MOORE, MAUDE AGNES FISHER, LULA MOORE, NONA JO NOEL, LIZZIE GORMAN, VIOLET MAE HERNDON, and CAMBRON CLIFF MOORE, Appellants. No. 59,675Supreme Court of Kansas Opinion filed July 17, 1987. SYLLABUS BY […]

379 P.2d 266 DOUGLAS T. FERRARO, Appellee, v. A.A. FINK, d.b.a. LATTIMORE-FINK LABORATORIES, Appellant. No. 42,975Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT CONTRACTS — Action to Recover Wages — Subsequent Agreement — Consideration. In an action brought to recover wages due under a contract of employment, the defendant, by […]

309 P.2d 692 RICHARD H. JUKES, Appellee, v. NORTH AMERICAN VAN LINES, INC., a Corporation, Appellant. No. 40,261Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. CARRIERS — Common-law Liability Presumed. In the absence of proof to the contrary the liability of a common carrier engaged in interstate commerce for […]

254 P.3d 534 STATE OF KANSAS, Appellee, v. DAVID McDANIEL, Appellant. No. 101,634.Supreme Court of Kansas. Opinion filed: July 15, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Restitution — Hearing on Restitution before Sentencing Not Required if Victim Has Not Requested Restitution. K.S.A. 22-3424(d) does not require that a hearing on restitution occur before […]

727 P.2d 473 DON BILLY NOBLE, Appellant, v. STATE OF KANSAS, Appellee. No. 58,900Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea of Guilty or Nolo Contendere — Voluntariness — Statutory Requirements for Acceptance of Plea. K.S.A. 1985 Supp. 22-3210 sets the statutory guidelines for the […]

312 P.2d 827 FREDERICK H. BUMM, Appellant, v. AMOS C. COLVIN, CARL H. BECKER, and IRVIN E. TOEVS, as Commissioners in Condemnation Appointed by the District Judge of Harvey County, Kansas, and THE CITY OF WICHITA, KANSAS, Appellees. No. 40,622Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS BY THE COURT MOOT CASE — […]

593 P.2d 23 SARAH V. MERCER, Appellant, v. AETNA LIFE INSURANCE COMPANY, Appellee. No. 49,578Court of Appeals of Kansas Opinion filed April 13, 1979 SYLLABUS BY THE COURT INSURANCE — Life Insurance — Coverage Eligibility of Employee. Under the facts and circumstances set forth in the opinion, it is held that an employee whose employment […]

604 P.2d 747 In the Matter of the Estate of Robert L. Phillips, Deceased. No. 50,286Court of Appeals of Kansas Opinion filed January 4, 1980 Petition for review denied March 7, 1980. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Premature Appeals. Rules concerning premature appeals are stated and applied. 2. JURISDICTION — “Residence” and […]

987 P.2d 335 STATE OF KANSAS, Appellee, v. SABINE M. DAVIDSON, Appellant. Supreme Court of Kansas No. 81,243 Opinion filed July 9, 1999 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, […]

309 P.2d 705 LEON JACKSON, Appellee, v. VENA IRENE JACKSON, now VENA IRENE JACKSON FRENCH, Appellant. No. 40,231Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody of Minor Children — Finding as to Religion — Abuse of Discretion. The record examined in appeal from an […]

932 P.2d 461 SAUNDRA F. DEPEW, Claimant/Appellant, v. NCR ENGINEERING MANUFACTURING, Respondent/Appellee, LIBERTY MUTUAL INSURANCE COMPANY, and AMERICAN GUARANTY LIABILITY INSURANCE COMPANY, Insurance Carriers/Appellees, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 74,766Court of Appeals of Kansas Opinion filed February 14, 1997 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Carpal Tunnel Syndrome — Scheduled or […]

452 P.2d 851 JAMES E. McADAM, Appellee, v. FIREMAN’S FUND INSURANCE COMPANY, a California Corporation, TOM CUNNINGHAM, THAD HANNA, DON LEE HOPKINS, VERNA HOPKINS, MITCHELL FAROH, RUTH FAROH, WILLIAM LUNDY and DON LEE COMPANY, INC., and HOWARD L. PARKER COMPANY, INC., Appellants. No. 45,289Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE […]

82 P.3d 861 In the Matter of the Care and Treatment of DONALD HUNT, et al. Nos. 89,061; 89,062; 89,063; 89,064; 89,065; 89,066; 89,067; 89,068; 89,069; 89,070; 89,071; 89,072.Court of Appeals of Kansas. Opinion filed January 23, 2004. Petition for review denied 278 Kan. 845 (2004). SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate […]

976 P.2d 936 STATE OF KANSAS, Appellant, v. JASON C. APPLEGATE, Appellee. No. 81,288Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Restitution — restitution Must Be Ordered with a Nonprison Sentence unless Court Finds Compelling Circumstances Make It Unworkable. In sentencing a defendant to a nonprison […]

182 P.3d 1205 STATE OF KANSAS, Appellant, v. CHRISTOPHER L. BROWN, Appellee. No. 96,862.Supreme Court of Kansas. Opinion filed May 16, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Confession — Suppression of Confession — Appellate Review. Appellate courts apply a dual standard when reviewing the suppression of a confession. In reviewing a trial court’s […]

704 P.2d 386 IN THE MATTER OF THE APPLICATION FOR A WRIT OF HABEAS CORPUS BY JERRY W. SANDERS. No. 56,863Court of Appeals of Kansas Opinion filed August 1, 1985 Petition for review denied September 27, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Arrest of Person as Fugitive from Justice — Statutory Time […]

910 P.2d 809 STATE OF KANSAS, Appellee, v. JAMES ALLEN SHAW, SR., Appellant. No. 71,257Supreme Court of Kansas Opinion filed January 26, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Guilty Plea or Nolo Contendere — Acceptance of Plea by Trial Court — Factual Basis for Plea. K.S.A. 22-3210(a) allows the trial court to […]

958 P.2d 44 STATE OF KANSAS Appellee, v. DARRELL G. BATESON, Appellant. Nos. 77,155 77,156Court of Appeals of Kansas Opinion filed May 8, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW —Robbery. To prove robbery, it must be shown that property was taken from another either by force or by threat of bodily harm. 2. […]

866 P.2d 1048 In the Matter of ANNETTE M. JACKSON, Respondent. No. 69,615Supreme Court of Kansas Opinion filed January 21, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 21, 1994. Published censure. Bruce E. Miller, disciplinary administrator, argued the cause for petitioner. […]

684 P.2d 355 THE BOB ELDRIDGE CONSTRUCTION CO., INC., Appellant, v. PIONEER MATERIALS, INC., and UNITED STATES GYPSUM COMPANY, Appellees, and PIONEER MATERIALS, INC., Appellee, v. THE BOB ELDRIDGE CONSTRUCTION CO., INC., and FIREMAN’S FUND INSURANCE COMPANY, Appellants. No. 55,491Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. MECHANICS’ LIENS […]

172 P.3d 1165 STATE OF KANSAS, Appellee, v. JEREMY v. NGUYEN, Appellant. No. 93,416.Supreme Court of Kansas. December 14, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Determination by Appellate Court Whether Prosecutor Exceeded Permissible Bounds of Fair Comment. A prosecutor is allowed wide latitude in discussing the evidence. If the prosecutor […]

3 P.3d 1261 MICHAEL W. McKERNAN, individually, and for the benefit of his wife, ANNETTE D. McKERNAN, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant. No. 83,619.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. PUBLIC OFFICERS AND EMPLOYEES — Firefighters — Application of Kansas Firefighter’s Rule to Bar Products Liability Claim […]

433 P.2d 462 STATE OF KANSAS, Appellee, v. LYLE ELDER, Appellant. No. 44,608Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. PERJURY — Materiality of Testimony. In order to constitute perjury under K.S.A. 21-701, it is essential that the false testimony be on a material matter. 2. SAME — Test […]

729 P.2d 1126 STATE OF KANSAS, Appellee, v. DONALD EUGENE ALEXANDER, Appellant. No. 58,404Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT CRIMINAL LAW — Evidence of Defendant’s Incarceration — Rebuttal Testimony on Defendant’s Sanity — Change of Venue Motion — Motions to Suppress Hair Sample — Motion to Suppress Confession […]

497 P.2d 138 THE STATE OF KANSAS, on the Relation of ROBERT C. LONDERHOLM, Successor in Office to WILLIAM M. FERGUSON, Attorney General of The State of Kansas, and KEITH SANBORN, County Attorney of Sedgwick County, Kansas; and BOARD OF EXAMINERS IN OPTOMETRY FOR THE STATE OF KANSAS, Appellants, v. CHARLES E. DOOLIN and LOREN […]

700 P.2d 582 HERBERT R. KARNER and RUTH D. KARNER, Plaintiffs-Appellants, v. JIM WILLIS and RONALD F. LLOYD, a/k/a RON LLOYD, et al., Defendants-Appellees, v. KANOPOLIS STATE BANK, Garnishee/Defendant-Appellee. No. 56,535Court of Appeals of Kansas Opinion filed May 31, 1985 Aff’d 238 Kan. 246. SYLLABUS BY THE COURT 1. BANKS — Right to Set Off […]

483 P.2d 1048 In the Matter of the Estate of Michial Wayne Lohse, Deceased, MARIA MARTINEZ and VERNON LOHSE, Appellants, v. JOHN C. RUBOW, Administrator, Appellee. No. 45,919Supreme Court of Kansas Opinion filed April 10, 1971. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Fiduciary Capacity — Duty to Exercise Good Faith. An administrator […]

433 P.2d 356 ANN M. HANNA, Individually and as Guardian of CHERYL ANN HANNA and JACKIE PERSHING HANNA, Surviving Widow and Dependent Children of Jack Pershing Hanna, Deceased, Appellee, v. POST BROWN WELL SERVICE (Respondent), and TRAVELERS INSURANCE COMPANY (Insurance Carrier), Appellants. No. 44,978Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE […]

306 P.2d 193 BEVERLY LEACH, Appellee, v. JAMES C. LEACH, Appellant. Nos. 40,288 and 40,324Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT 1. DIVORCE — Custody of Minor Children — Who Is Entitled to Custody. A parent who is able to care for his children and desires to do so, […]

609 P.2d 198 EUGENE CROWLEY, Appellant, v. DR. JAMES H. O’NEIL, Appellee. No. 50,480Court of Appeals of Kansas Opinion filed March 28, 1980 Petition for review denied June 20, 1980. SYLLABUS BY THE COURT 1. PHYSICIANS AND SURGEONS — Standard of Medical Care. A physician has a duty to possess and exercise that reasonable degree […]

440 P.2d 606 MERLE R. HENRE, Appellant, v. THE BOARD OF EDUCATION OF THE CITY OF KANSAS CITY OF THE STATE OF KANSAS, Appellee. No. 45,003Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT RETIREMENT AND PENSIONS — Declaratory Judgment Action — Reducing Payments Due Under Retirement Act — Eligibility for […]

280 P.2d 601 FRANK H. AMERINE, KATIE AMERINE TILSON and CHARLIE P. AMERINE, Appellants, v. THOMAS H. AMERINE, Executor of the Estate of C.E. Amerine, Deceased, Appellee. No. 39,600Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT 1. WITNESSES — Impeachment — Exception to Rule. While the general rule is that […]

98 P.3d 303 MAIN LINE, INC. v. BOARD OF RENO COUNTY COM’RS. No. 91,569.Court of Appeals of Kansas October 1, 2004. Appeal from the Reno. Decision Without Published Opinion. Affirmed.

957 P.2d 416 STATE OF KANSAS, Appellee, v. CHESTER L. HIGGENBOTHAM, a/k/a MATTHEW S. MURPHY, Appellant. No. 77,620Supreme Court of Kansas Opinion filed April 17, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Hard 40 Sentence — Aggravating Circumstances Construed. In a hard 40 sentencing case, the aggravating circumstance in K.S.A. 21-4636(e) […]

666 P.2d 698 TRI-COUNTY PUBLIC AIRPORT AUTHORITY, A Public Corporation, Plaintiff/Appellee, v. MORRIS COUNTY BOARD OF COUNTY COMMISSIONERS, and MORRIS COUNTY TREASURER, Defendants/Appellants. No. 55,284Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. TAXATION — Exhaustion of Administrative Remedies Required before Judicial Review of Tax Matter. Where a full and […]

39 P.3d 21 IN THE MATTER OF THE APPEAL OF PANHANDLE EASTERN PIPE LINE CO. AND NATIONAL HELIUM CORP., ET AL., FROM A DENIAL OF REFUND OF KANSAS CORPORATE INCOME TAX. No. 86,277Supreme Court of Kansas Opinion filed: January 25, 2002. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appeal from Order of Board of […]

49 P.3d 547 NATIONAL BANK OF ANDOVER, N.A., Plaintiff/Appellee, v. AERO STANDARD TOOLING, INC., DONALD E. NOBLIT, and LORA JEANNE BLASE, et al., Defendants/Appellees, and HERB JONES, Intervenor/Appellant. Nos. 84,496, 85,607, 87,089Court of Appeals of Kansas Opinion filed: June 28, 2002. Petition for review denied 274 Kan. 1113 (2002). SYLLABUS BY THE COURT 1. UNIFORM […]

54 P.3d 532 CITY OF HUTCHINSON, APPELLANT, v. ROBERT DAVENPORT, APPELLEE. No. 87,682Court of Appeals of Kansas Opinion filed: September 27, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Automobile Stop — Legality of Stop. When the relevant facts are not in dispute, the issue of the propriety of a traffic stop under K.S.A. […]

952 P.2d 411 MICHAEL G. NANCE, Appellant, v. HARVEY COUNTY and NORTHWESTERN NATIONAL CASUALTY, Appellees. No. 75,703Supreme Court of Kansas Opinion filed December 30, 1997 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Modification of Award — When Allowed. K.S.A. 44-528 permits modification of workers compensation awards in order to conform to changed conditions. This […]

389 P.2d 813 MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, and RAILWAY EXPRESS AGENCY, INC., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. No. 43,491Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Public Convenience Defined. Public convenience, as the term is used in […]

612 P.2d 610 KANSAS STATE BOARD OF HEALING ARTS, Appellee, v. STEVENS B. ACKER, M.D., Appellant. No. 51,343Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT 1. PUBLIC HEALTH — License Revocation, Suspension or Limitation — Constitutionality of Statute That Prohibits Immoral or Unprofessional Conduct. K.S.A. 1979 Supp. 65-2836(b) is not […]

987 P.2d 1119 STATE OF KANSAS, Appellee, v. STEPHEN MEDFORD SHIVELY, Appellant. No. 78,380Court of Appeals of Kansas Opinion Filed July 23, 1999. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Suppression of Evidence — De Novo Review. When reviewing the trial court’s decision about suppressing evidence seized under a search warrant, great deference […]

262 P.2d 934 In the Matter of the Estate of Lucy Glass, Deceased. THE STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellant, v. COMMERCIAL NATIONAL BANK, Executor, Appellee. No. 39,080Supreme Court of Kansas Opinion filed November 7, 1953. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Incompetent Child — Parental Obligation to Support. A […]

50 P.3d 37 STATE OF KANSAS, Appellee, v. STEVEN L. PAPEN, Appellant. No. 87,000Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony — Admissibility — Trail Court Discretion. The trial court has broad discretion in admitting or excluding the testimony of an expert witness. 2. SAME […]

440 P.2d 595 GUY PINE, INC., a Corporation, Appellant, v. CHRYSLER MOTORS CORPORATION, a Corporation, Appellee. (CHRYSLER CORPORATION, a Corporation; PAUL M. MILES; NELSON LEAR; JAMES WISE and GORDON JAMES, Defendants.) No. 45,103Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — When Issues May Be Severed — […]

296 P.2d 1118 C.A. TISCHHAUSER, doing business as THE TISCHHAUSER REALTY, Appellant, v. FRANK T. LITTLE, Appellee. No. 40,047Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT APPEAL AND ERROR — Failure to Appear or Defend — Affirmative Showing of Error — As to Inadmissible Evidence — New Trial Granted. When […]

217 P.2d 1055 MAURICE D. MARTIN, Appellee, v. NATIONAL MUTUAL CASUALTY COMPANY, a corporation, CHARLES W. TRUEBLOOD and E.H. DICKE, Appellants. No. 37,794Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT 1. AUTOMOBILES — Action for Damages — Negligence — Contributory Negligence — Jury Questions. The record examined in an action […]

124 P.3d 1084 STATE v. MELOY. No. 94,070.Court of Appeals of Kansas. December 23, 2005. Appeal from McPherson. Decision without published opinion. Affirmed.

110 P.3d 1054 IN RE J.R.H. No. 92,914.Court of Appeals of Kansas. May 6, 2005. Appeal from the Kingman. Decision without published opinion. Affirmed.

99 P.3d 632 STATE OF KANSAS, Appellee, v. CURTIS JOHN HERRMAN, Appellant. No. 90,760.Court of Appeals of Kansas. Opinion filed May 21, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Driving under Influence — Deficient Breath Sample Not Admissible as “Other Competent Evidence”. A deficient breath sample cannot be admitted as “other competent evidence” in […]

141 P.3d 521 STATE OF KANSAS, Appellee, v. JOSHUA J. THORPE, Appellant. No. 93,563.Court of Appeals of Kansas. Opinion filed September 1, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Guilty Plea — Appeal from Guilty Plea Requires Denial of Defendant’s Motion to Withdraw Plea. Pursuant to K.S.A. 2005 Supp. 22-3602(a) and K.S.A. 2005 Supp. […]

449 P.2d 477 MARIA GOFORTH, Appellant, v. FRANKLIN LIFE INSURANCE COMPANY, Appellee. No. 45,194Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. INSURANCE — Construction Question of Law — Admitted Facts — Summary Judgment. As a general rule, the construction and effect of a written contract of insurance is a […]

994 P.2d 1072 RICHARD HUFFMAN and KAREN HUFFMAN, Appellees, v. THOMAS V. THOMAS, M.D., Appellant. No. 78,987[1] Court of Appeals of Kansas Opinion filed: July 9, 1999. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated December 21, 1999, pursuant to Rule 7.04 […]

121 P.3d 422 In the Matter of BRYAN A. RICKMAN, Petitioner. No. 81,383.Supreme Court of Kansas. October 6, 2005. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement of License to Practice Law. On January 22, 1999, the petitioner, Bryan A. Rickman, was indefinitely suspended from the practice of law in Kansas, ordered to […]

285 P.2d 1073 STATE OF KANSAS, Appellee, v. DUANE H. ANDERSON, Appellant. No. 39,751Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT 1. PERJURY — Defined. The crime of perjury in this state is defined by G.S. 1949, 21-701 and G.S. 1949, 54-105. 2. SAME — Swearing to False Statements — […]

504 P.2d 161 DALE HOUSTON KINNELL, Appellant, v. STATE OF KANSAS, Appellee. No. 46,789Supreme Court of Kansas Opinion filed December 9, 1972. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate Sentence — Abuse of Remedy. Appeal from Bourbon district court, ROBERT F. STADLER, assigned judge. Opinion filed December 9, 1972. Affirmed. Daniel F. Meara, of […]

917 P.2d 421 FEE INSURANCE AGENCY, INC., Appellee, v. JAMES SNYDER, Appellant. No. 74,709Court of Appeals of Kansas Opinion filed May 17, 1996 Reversed 261 Kan. 414, 930 P.2d 1054 (1997). SYLLABUS BY THE COURT CORPORATIONS — Articles of Incorporation — Filing Required to Establish Corporate Existence. The filing of articles of incorporation with the […]

52 P.3d 898 TIMOTHY BOLZ, D.C., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. No. 86,880Supreme Court of Kansas Opinion filed: August 23, 2002. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Choses in Action — Assignability. In Kansas, all choses in action, except torts, are assignable. 2. REAL PROPERTY — Restraints on Alienation […]

436 P.2d 882 BESSIE M. BOTTJER, Appellant, v. GERALDINE E. HAMMOND, Appellee. No. 44,904Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT AUTOMOBILES — Injury to Pedestrian — Insufficiency of Evidence — Action Dismissed. In a damage action for personal injuries sustained by the plaintiff, a pedestrian, allegedly caused when struck […]

549 P.2d 970 MAURICE E. HOCHARD and JOAN E. HOCHARD, Appellants, v. HOWARD DEITER and GRACE DEITER, Appellees. No. 47,983Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. SPECIFIC PERFORMANCE — Granting Rests in judicial Discretion. Whether equity will decree the specific performance of a contract rests in the sound […]

247 P.3d 1074 STATE OF KANSAS, Appellee, v. ERNEST L. REED, Appellant. No. 102,390.Court of Appeals of Kansas. Opinion filed February 18, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Eyewitness Identification — Denial of Motion to Suppress — Appellate Review. A review of the decision to deny a motion to suppress eyewitness identification involves […]

661 P.2d 1242 JOHNSON BROTHERS WHOLESALE LIQUOR CO., Plaintiff/Appellee, v. BRUCE CLEMMONS, Defendant/Appellant. No. 54,890Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Application of Forum State’s Statute of Limitations to Sister State’s Judgment — Constitutionality. The Full Faith and Credit Clause of the United States […]

878 P.2d 820 STATE OF KANSAS, Appellee, v. LAWRENCE C. STAFFORD, Appellant. No. 69,821Supreme Court of Kansas Opinion filed July 15, 1994. SYLLABUS BY THE COURT 1. EVIDENCE — Hearsay — Unavailable Witness — Trial Court’s Determination Whether Witness Had Incentive to Falsify or Distort Statement. The presence or absence of an incentive to falsify […]

17 P.3d 929 In the Matter of DOROTHY GERSHATER, Respondent. No. 84,994Supreme Court of Kansas Opinion filed: January 26, 2001. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed January 26, 2001. Indefinite suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Edwin […]

125 P.3d 561 STATE OF KANSAS, Appellant, v. MICHAEL HERBISON, Appellee. No. 93,572.Court of Appeals of Kansas. Opinion filed December 16, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Separate Crimes with Identical Elements But Classified Differently for Sentencing Purposes — Conviction of Either Crime Requires Sentencing under Lesser Penalty Provision. When two criminal offenses […]

853 P.2d 649 FRED R. CHANDLER, SR., Deceased, Appellant, v. CENTRAL OIL CORPORATION, INC., TRAVELERS INSURANCE COMPANY, and KANSAS WORKERS COMPENSATION FUND, et al., Appellees. No. 67,572Supreme Court of Kansas Opinion filed May 28, 1993. SYLLABUS BY THE COURT 1. MARRIAGE — Common-law Marriage — Elements. Kansas has long recognized the validity of common-law marriage, […]

446 P.2d 828 ESLEY EARL SCHMIDT and MILDRED RUTH SCHMIDT, his wife, Appellants, v. CLARENCE G. NAUMAN d/b/a NAUMAN LUMBER COMPANY and C. NAUMAN LUMBER, INC., Appellees and Cross-Appellants. No. 45,158Supreme Court of Kansas Opinion filed November 9, 1968. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Making New Party Defendant — After Statute Has […]

191 P.3d 1117 In the Matter of JANELL JENKINS FOSTER, Respondent. No. Bar Docket No. 11,466.Supreme Court of Kansas. August 26, 2008. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated July 30, 2008, to the Clerk of the Appellate Courts, respondent Janell Jenkins Foster, of Wichita, Kansas, an […]

679 P.2d 1152 IN THE MATTER OF ROBERT D. NELSON. Bar Docket No. 05786Supreme Court of Kansas March 22, 1984 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Voluntary Surrender of Certificate — Disbarment. WHEREAS, on the 25th day of May, 1983, Robert D. Nelson was indefinitely suspended from the practice of law […]