490 P.2d 361 PEARL BENDER, Appellant, v. BULGER CADILLAC-OLDSMOBILE, INC., Appellee. No. 46,061Supreme Court of Kansas Opinion filed November 6, 1971. SYLLABUS BY THE COURT NEGLIGENCE — Business Invitee — Fall on Used Car Lot — Negligence and Contributory Negligence a Jury Question. The record is examined in an action to recover damages for personal […]
Category: Kansas Court Opinions
McDONALD v. BAUMAN, 199 Kan. 628 (1967)
433 P.2d 437 CECIL McDONALD, Appellant, v. GLEN BAUMAN, Appellee. No. 44,781Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. LIVESTOCK — Killing Dog Lawful — When. K.S.A. 47-656 provides that “It shall be lawful for any person at any time to kill any dog which may be found injuring […]
ROBERT L. RIEKE BLDG. CO. v. CITY OF OLATHE, 10 Kan. App. 2d 239 (1985)
697 P.2d 72 ROBERT L. RIEKE BUILDING COMPANY, INC., Appellee, v. CITY OF OLATHE, Appellant. No. 56,798Court of Appeals of Kansas Opinion filed March 21, 1985 Petition for review denied 237 Kan. 887. SYLLABUS BY THE COURT 1. ZONING — Review of Local Zoning Authority’s Action on Zoning Request — Limitations Placed on District Court […]
STATE v. LITTLE, 201 Kan. 94 (1968)
439 P.2d 387 STATE OF KANSAS, Appellee, v. JOHN C. LITTLE, Appellant. No. 44,993Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Arrest Without Warrant — Probable Cause. An arrest without a warrant to support an incidental search must be made with probable cause. Probable cause […]
IN RE APPEAL OF UNITED TELESERVICES, 267 Kan. 570 (1999)
983 P.2d 250 IN THE MATTER OF THE APPEAL OF UNITED TELESERVICES, INC., d/b/a UTLD FROM AN ORDER OF THE DIRECTOR OF PROPERTY VALUATION. No. 80,692Supreme Court of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT 1. TAXATION — Construction of Tax Statutes — Constitution Favorable to Taxpayer. Tax statutes will not be […]
NOEL v. NOEL, 212 Kan. 583 (1973)
512 P.2d 324 JAMES E. NOEL, EDWIN F. NOEL, PAUL B. NOEL, IVAN NOEL, a/k/a J. IVAN NOEL and as IVAN J. NOEL, JOAN BELL, DELBERT ROY ELLIS and REBECCA BAKER, Appellants, v. HELEN M. NOEL, W. RALPH LONG and M. MARGARET LONG, et al., Appellees and Cross Appellants, v. GRAINFIELD TELEPHONE COMPANY, Cross-Appellee. No. […]
RODACK v. STATE HIGHWAY COMM’N, 2 Kan. App. 2d 535 (1978)
583 P.2d 1035 JOHN M. RODACK and HELEN I. RODACK, Appellants, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee. No. 49,275Court of Appeals of Kansas Opinion filed September 15, 1978 Reversed, 225 Kan. 343. SYLLABUS BY THE COURT 1. HIGHWAYS — Defects — Liability of State — Procedural Notice of Defect. K.S.A. 68-419 […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 10-4-2002)
54 P.3d 981Court of Appeals of Kansas October 4, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Rodriguez 85125 Johnson 10/04/2002 Affirmed in part and reversed in part State v. Thompson 85977 Reno 10/04/2002 Affirmed State v. Hemphill 86189, Reno 10/04/2002 Affirmed 86636 State v. Smith 86392 Johnson 10/04/2002 Affirmed State […]
LITTLE v. STATE, 34 Kan. App. 2d 557 (2005)
121 P.3d 990 JOE LITTLE, Appellant, v. STATE OF KANSAS, KANSAS BOARD OF TAX APPELAS, KANSAS BOARD OF HEALING ARTS, KANSAS DEPARTMENT OF TRANSPORTATION, OFFICE OF JUDICIAL ADMINISTRATION, DEPARTMENT OF ADMIN. LEGAL SECTION, KANSAS SECURITIES COMMISSION, WASHBURN ENDOWMENT ASSOCIATION, KANSAS BAR ASSOCIATION, and KANSAS LEGAL SERVICES, Appellees. Petition for review denied 280 Kan. 983 (2006). […]
STATE v. REED, 45 Kan. App. 2d 372 (2011)
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 […]
IN RE SICKEL, 286 Kan. 50 (2008)
182 P.3d 1204 In the Matter of STEPHEN v. SICKEL, Respondent. No. 99,956.Supreme Court of Kansas. May 7, 2008. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated May 1, 2008, to the Clerk of the Appellate Courts, respondent Stephen V. Sickel of Olathe, Kansas, an attorney admitted to […]
KANSAS HUMAN RIGHTS COMM’N v. TOPEKA GOLF ASS’N, 18 Kan. App. 2d 581 (1993)
856 P.2d 515 KANSAS HUMAN RIGHTS COMMISSION, Appellant, v. TOPEKA GOLF ASSOCIATION, Appellee. No. 69,029Court of Appeals of Kansas Opinion filed July 16, 1993 Aff’d 254 Kan. 767, 869 P.2d 631 (1994). SYLLABUS BY THE COURT 1. LEGISLATURE — Public Policy Declaration. The authority to declare the public policy of this State is vested in […]
STATE v. McCOY, 207 Kan. 87 (1971)
483 P.2d 489 STATE OF KANSAS, Appellee, v. AARON G. McCOY aka GLENN A. McCOY, Appellant. No. 45,933Supreme Court of Kansas Opinion filed April 10, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Possession of Pistol After Previous Conviction of Felony. In an appeal from a conviction of a violation of the firearms statute (K.S.A. […]
PETITIONS FOR REVIEW OF DECISIONS, 273 Kan. VII (2002)
Supreme Court of Kansas 2002 DOCKET REPORTED TITLE NUMBER DISPOSITION DATE BELOW State v. Thomas 85,556 Denied 02/06/02 Unpublished State v. Westendorff 85,523 Denied 02/05/02 Unpublished State v. Whitlock 86,118 Denied 02/05/02 Unpublished State v. Williams 85,268 Denied 02/05/02 Unpublished State v. Winkleman 85,693 Denied 02/06/02 Unpublished Steele v. State 85,869 Denied 02/05/02 Unpublished Towle […]
STATE v. LaMAE, 268 Kan. 544 (2000)
998 P.2d 106 STATE OF KANSAS, Appellee, v. GEORGE LaMAE, Appellant. No. 81,771Supreme Court of Kansas Opinion filed: February 25, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Exculpatory Evidence — Destruction of Evidence by State — Showing of Bad Faith Required for Due Process Violation. Where the State fails to preserve evidentiary material […]
STATE v. CHETWOOD, 286 Kan. 1181 (2008)
State v. Chetwood. Nos. 96,716, 96,717.Supreme Court of Kansas. April 23, 2008. Appeal from the 38 Kan. App. 2d 620. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. JACKSON, 262 Kan. 119 (1997)
936 P.2d 761 STATE OF KANSAS, Appellee, v. ROBERT L. JACKSON, Appellant. No. 75,608Supreme Court of Kansas Opinion filed April 18, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Self-defense — Jury Instruction — When Required. It is the duty of the trial court to instruct the jury on self-defense so long as there […]
COUNTRY CLUB HOME, INC. v. HARDER, 228 Kan. 802 (1981)
623 P.2d 505 COUNTRY CLUB HOME, INC., and LAWRENCE SOWERS as ADMINISTRATOR, Appellee, v. ROBERT C. HARDER, as SECRETARY OF SOCIAL AND REHABILITATION SERVICES, Appellant. No. 51,997Supreme Court of Kansas Opinion filed January 17, 1981. OPINION ON MOTIONS FOR MODIFICATION ADMINISTRATIVE LAW — Medicaid — Long-term Care Facilities — Effective Dates for Regulations. Appeal from […]
FARMLAND FOODS, INC. v. ABENDROTH, 225 Kan. 742 (1979)
594 P.2d 184 FARMLAND FOODS, INC., Appellant, v. EMERSON I. ABENDROTH, CORA L. HOBBLE, AND GEORGE J. TROMBOLD, MEMBERS OF THE EMPLOYMENT SECURITY BOARD OF REVIEW OF THE STATE OF KANSAS, Appellees. No. 50,002Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. LABOR — Unemployment Compensation — Disqualification of Claimant […]
STATE v. WINTER, 287 Kan. 769 (2009)
State v. Winter. No. 99,712.Supreme Court of Kansas. January 27, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. CASTILLO, 32 Kan. App. 2d xxxii (2004)
State v. Castillo. Nos. 91,400, 91,401.Court of Appeals of Kansas. September 3, 2004. Appeal from the Lyon. Unpublished Opinions Affirmed.
UMBEHR v. BOARD OF WABAUNSEE COUNTY COMM’RS, 16 Kan. App. 2d 512 (1992)
825 P.2d 1160 KEEN A. UMBEHR, d/b/a Solid Waste Systems, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF WABAUNSEE COUNTY, KANSAS, Appellee. No. 65,945Court of Appeals of Kansas Opinion filed February 14, 1992 Rev’d 252 Kan. 30, 834 P.2d 176 (1992). SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Appeal from Legislative-type Decision of Board of […]
WIMBLEY v. STATE, 32 Kan. App. 2d xlv (2004)
Wimbley v. State. No. 90,025.Court of Appeals of Kansas. May 28, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
FARMERS MERCHANTS BANK v. COPPLE, 190 Kan. 170 (1962)
373 P.2d 219 FARMERS AND MERCHANTS BANK, Mound City, Kansas, a Corporation, Appellee, v. MURRAY T. COPPLE, a/k/a TIM COPPLE, and OPAL COPPLE, a/k/a OPAL H. COPPLE, husband and wife, Appellants. No. 42,838Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT 1. MORTGAGES — Foreclosure Action — Failure to Keep Insurance […]
MURRAY v. STATE, 91,724 (Kan.App. 2-4-2005)
105 P.3d 279 MURRAY v. STATE. No. 91,724.Court of Appeals of Kansas February 4, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.
STATE v. WILKINS, 269 Kan. 39 (2000)
5 P.3d 520 STATE OF KANSAS, Appellee, v. LARRY D. WILKINS, Appellant. No. 80,881.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Exculpatory Evidence — Duty of Disclosure by Prosecution — Due Process. Prosecutors are under a positive duty, independent of court order, to disclose exculpatory evidence […]
STATE DEPT. OF SRS v. PUBLIC EMPLOYEE RELATIONS BOARD, 249 Kan. 163 (1991)
815 P.2d 66 STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, PARSONS STATE HOSPITAL AND TRAINING CENTER, Appellant, v. PUBLIC EMPLOYEE RELATIONS BOARD OF THE KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellee. No. 65,739Supreme Court of Kansas Opinion filed July 12, 1991. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Interpretation of Statute by Agency […]
HANSUNG INVESTMENT GROUP v. AMP MANAGEMENT, 281 Kan. 1377 (2006)
Hansung Investment Group v. AMP Management. No. 94,636.Supreme Court of Kansas. May 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied. Page 1378
STATE v. MARTIN, 241 Kan. 732 (1987)
740 P.2d 577 STATE OF KANSAS, Appellee, v. FREDERICK MARTIN, Appellant. No. 59,788Supreme Court of Kansas Opinion filed July 17, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Right to Counsel or Right to Represent Himself — Limitations. While a party has the right to represent himself or be represented by counsel, he […]
SWAFFORD v. WERHOLTZ, 93,435 (Kan.App. 7-1-2005)
114 P.3d 191 SWAFFORD v. WERHOLTZ. No. 93,435.Court of Appeals of Kansas. July 1, 2005. Appeal from the Leavenworth. Decision without published opinion. Affirmed.
PRIEST v. STATE, 35 Kan. App. 2d xiv (2006)
Priest v. State. No. 94,502.Court of Appeals of Kansas. April 7, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
HANSON v. NYE, 176 Kan. 373 (1954)
270 P.2d 790 CALVIN L. HANSON, Appellant, v. HERBERT NYE, Sheriff of Leavenworth County, Kansas, Appellee. No. 39,402Supreme Court of Kansas Opinion filed May 24, 1954. SYLLABUS BY THE COURT HABEAS CORPUS — Prisoner on Parole — Subject to Extradition — Writ Denied. In a proceeding for a writ of habeas corpus the record is […]
STATE v. BOGGS, 38 Kan. App. 2d 683 (2007)
170 P.3d 912 STATE OF KANSAS, Appellee, v. CHARLES ADAM BOGGS, Appellant. No. 96,921.Court of Appeals of Kansas. Opinion filed November 21, 2007. SYLLABUS BY THE COURT1. EVIDENCE — Admissibility — Relevance — Appellate Review. When reviewing a trial court’s decision to admit evidence, an appellate court first determines whether the evidence is relevant. Once […]
STATE v. SWISHER, 281 Kan. 447 (2006)
132 P.3d 1274 STATE OF KANSAS, Appellee, v. EDWARD SWISHER, Appellant. No. 89,957.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Direct Appeal from Sentencing — Counsel’s Failure to Adequately Raise Arguments Regarding Identical or Overlapping Offenses — Defendant May Raise Issue via K.S.A. 60-1507 Motion. Under the […]
STATE v. CALLAWAY, 276 Kan. 970 (2003)
STATE v. CALLAWAY. No. 88,850.Supreme Court of Kansas. November 12, 2003. Reported below Unpublished. Petition for review denied.
SHUTTS, EXECUTOR v. PHILLIPS PETROLEUM CO., 222 Kan. 527 (1977)
567 P.2d 1292 IRL SHUTTS, as Executor of the Estate of Althea Shutts, Individually, and as a representative of all that class of gas royalty owners under Phillips Petroleum Company oil and gas leases in the Hugoton-Anadarko area, Appellee and Cross-Appellant, v. PHILLIPS PETROLEUM COMPANY, Appellant and Cross-Appellee. No. 47,917Supreme Court of Kansas Opinion filed […]
STATE v. WALKER, 282 Kan. viii (2006)
State v. Walker. No. 95,334.Supreme Court of Kansas. October 27, 2006. Appeal from the Harvey. Unpublished Opinions Affirmed.
STATE v. TOVAR, 91,856 (Kan.App. 2-4-2005)
105 P.3d 279 STATE v. TOVAR. No. 91,856.Court of Appeals of Kansas February 4, 2005. Appeal from the Dickinson. Decision without published opinion. Affirmed.
STEPHENSON v. SUGAR CREEK PACKING, 250 Kan. 768 (1992)
830 P.2d 41 DEBRA STEPHENSON, Appellant, v. SUGAR CREEK PACKING and HARTFORD INSURANCE COMPANY, Appellees. No. 67,056Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Standards of Appellate Review. The standards of review to be applied to a statute alleged to be unconstitutional as a violation […]
INTERNATIONAL MOTOR REBUILDING v. UNITED MOTOR EXCHANGE, 193 Kan. 497 (1964)
393 P.2d 992 INTERNATIONAL MOTOR REBUILDING CO., a Corporation, Appellant, v. UNITED MOTOR EXCHANGE, INC., a Kansas Corporation, and JOHN TUTTLE and JERRY LIVINGSTON, Appellees. No. 43,776Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. COMPROMISE AND SETTLEMENT — Effect and Conclusiveness. The law favors compromise and settlement of disputes […]
STATE v. ANDELT, 40 Kan. App. 2d 796 (2008)
STATE OF KANSAS, Appellee, v. RANDY WAYNE ANDELT, Appellant. No. 98,699.Court of Appeals of Kansas. Opinion filed November 21, 2008. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Court Not Required to Impose Nonprison Sentence, Even if Such Sentence Presumed, in Certain Circumstances. A sentencing court is not required to impose a nonprison sentence, […]
STATE v. BLISS, 32 Kan. App. 2d xxxi (2004)
State v. Bliss. No. 90,983.Court of Appeals of Kansas. August 20, 2004. Appeal from the Barton. Unpublished Opinions Affirmed.
STATE v. NEWFIELD, 229 Kan. 347 (1981)
623 P.2d 1349 STATE OF KANSAS, Plaintiff-Appellee, v. TIMOTHY L. NEWFIELD, Defendant-Appellant. No. 52,293Supreme Court of Kansas Opinion filed February 28, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession of Defendant during In-custody Interrogation — Absence of Counsel — Burden of Proof on State to Show Voluntariness of Confession. If police interrogation of […]
STATE v. GRIBLIN, 12 Kan. App. 2d 677 (1988)
753 P.2d 843 STATE OF KANSAS, Appellee, v. JOHN GRIBLIN, Appellant. No. 60,951Court of Appeals of Kansas Opinion filed May 5, 1988 SYLLABUS BY THE COURT CRIMINAL LAW — Voluntary Manslaughter Conviction — Reversible Error to Fail to Instruct Jury on Involuntary Manslaughter. In a case where defendant was tried on a charge of second-degree […]
STATE v. WILKINSON, 269 Kan. 603 (2000)
9 P.3d 1 STATE OF KANSAS, Appellee, v. EDWARD B. WILKINSON, Appellant. No. 82,347Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Duty of Court to Uphold Statute if Possible. The constitutionality of legislative enactments is presumed, and all doubts must be resolved in favor of […]
IN RE HJERSTED REVOCABLE TRUST, 35 Kan. App. 2d 799 (2006)
135 P.3d 192 In the Matter of the NORMAN B. HJERSTED Revocable Trust. No. 94,072.Court of Appeals of Kansas. Opinion filed June 2, 2006. SYLLABUS BY THE COURT1. TRUSTS — Construction — Trustor’s Intent. The primary objective of trust law is to carry out the settlor’s intent. Consequently, if the text of the trust indenture […]
IN RE KOENIGSDORF, 280 Kan. 15 (2005)
118 P.3d 1237 In the Matter of KEITH B. KOENIGSDORF, Respondent. Bar Docket No. 14663.Supreme Court of Kansas. September 6, 2005. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated August 22, 2005, to the Clerk of the Appellate Courts, respondent Keith B. Koenigsdorf, of Overland Park, Kansas, an attorney […]
STATE v. ANDERSON, 33 Kan. App. 2d 607 (2005)
106 P.3d 89 STATE OF KANSAS, Appellee, v. ERIC A. ANDERSON, Appellant. No. 91,791.Court of Appeals of Kansas. Opinion filed February 18, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Denial of Motion to Suppress — Movant Must Object to Admission of That Evidence to Preserve Issue for Appeal. When the […]
WILLIAMS v. STATE, 203 Kan. 246 (1969)
452 P.2d 856 WILLIE WILLIAMS, Appellant, v. STATE OF KANSAS, Appellee. No. 45,521Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — Where Proceedings Must Be Brought. A prisoner in custody under an enhanced sentence must file post conviction proceedings attacking that sentence […]
RADKE OIL CO. v. DEPT. OF HEALTH ENVIRONMENT, 23 Kan. App. 2d 774 (1997)
936 P.2d 286 RADKE OIL COMPANY, INC., Appellee, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT and JAMES J. O’CONNELL as SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellants. No. 76,227.Court of Appeals of Kansas Opinion Filed: April 11, 1997. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Statutory Interpretation by Agency with Duty […]
STATE v. OWENS, 36 Kan. App. 2d xxiii (2006)
State v. Owens. No. 94,428.Court of Appeals of Kansas. June 30, 2006. Appeal from the Johnson. Unpublished Opinions Sentence vacated; remanded with directions.
LONG v. ROBERTS, 35 Kan. App. 2d xiii (2006)
Long v. Roberts. No. 94,381.Court of Appeals of Kansas. April 14, 2006. Appeal from the Butler. Unpublished Opinions Affirmed.
EDWARDS v. LEDFORD, 201 Kan. 518 (1968)
441 P.2d 834 OLEN EDWARDS; MAE SHULL; OLEN EDWARDS, Administrator of the Estate of David A. Edwards, also known as D.A. Edwards, Deceased, Appellants, v. MILLIE E. LEDFORD; MILLIE E. LEDFORD, Administratrix of the Estate of David A. Edwards, also known as D.A. Edwards, Deceased, Appellees. OLEN EDWARDS; MAE SHULL; OLEN EDWARDS, Administrator of the […]
STATE v. BRYANT, 37 Kan. App. 2d 924 (2007)
63 P.3d 325 STATE OF KANSAS, Appellee, v. JULIAN L. BRYANT, Appellant. No. 96,274.Court of Appeals of Kansas. Opinion filed June 8, 2007. Petition for review denied 285 Kan. 1175 (2007). SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which an appellate […]
MILLS v. KANSAS SECRETARY OF CORRECTIONS, 94,054 (Kan.App. 1-6-2006)
125 P.3d 1089 MILLS v. KANSAS SECRETARY OF CORRECTIONS. No. 94,054.Court of Appeals of Kansas. January 6, 2006. Appeal from Leavenworth. Decision without published opinion. Affirmed.
STATE v. BROWN, 287 Kan. 766 (2009)
State v. Brown. No. 98,126.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
LORSON v. FALCON COACH, INC., 214 Kan. 670 (1974)
522 P.2d 449 JIM LORSON, Appellee, v. FALCON COACH, INC., ED McDONALD, VERN ALTES and LARRY JEFFERS, Appellants. No. 47,232Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. TRIAL — Failure to Answer Interrogatories — Statutory Sanctions. Where an order is entered granting a party an extension of time in […]
JONES v. BORDMAN, 243 Kan. 444 (1988)
759 P.2d 953 VINCENT JONES and CYNTHIA JONES, Appellees, v. TED J. BORDMAN, and BARBARA J. FLAKUS, and DR. JOSEPH LICHTOR, Appellants. No. 60,914Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT CIVIL PROCEDURE — Expert Testimony — Motion to Quash Subpoena Duces Tecum — Competency of Witness to Testify as […]
IN RE HOSKINS, 279 Kan. 961 (2005)
114 P.3d 162 In the Matter of RONALD G. HOSKINS, Respondent. No. 18,141.Supreme Court of Kansas. June 9, 2005. ORDER OF DISBARMENT.ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated May 16, 2005, addressed to the Clerk of the Appellate Courts, respondent Ronald G. Hoskins of Leawood, Kansas, an attorney admitted to […]
LEONI v. EUBANK, 32 Kan. App. 2d xxvii (2004)
Leoni v. Eubank. No. 90,213.Court of Appeals of Kansas. April 16, 2004. Appeal from the Johnson. Unpublished Opinions Affirmed.
COMMERCIAL NATIONAL BANK v. BD. OF COUNTY COMMISSIONERS, 201 Kan. 280 (1968)
440 P.2d 634 THE COMMERCIAL NATIONAL BANK OF KANSAS CITY, Administrator with the Will Annexed of the Estate of Albert R. Jones, Deceased, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, and M.J. QUAINTANCE, County Treasurer of Johnson County, Kansas, Appellees. THE COMMERCIAL NATIONAL BANK OF KANSAS CITY, Administrator with the Will […]
STATE v. RASCH, 243 Kan. 495 (1988)
758 P.2d 214 STATE OF KANSAS, Appellee, v. KENNETH RASCH, Appellant. No. 61,067Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Complaint or Information — Amendment — When Allowed. The court may permit a complaint or information to be amended at any time before verdict or finding, […]
STATE v. GARCIA, 31 Kan. App. 2d 338 (2003)
64 P.3d 465 STATE OF KANSAS, Appellee, v. CARLOS GARCIA II, Appellant. No. 89,006.Court of Appeals of Kansas. Opinion filed March 14, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Probation Revocation — Trial Court Discretion — When Applicable. The district court is not invested with any discretion in a probation revocation proceeding until the […]
STATE v. STEPHENS, 263 Kan. 658 (1998)
953 P.2d 1373 STATE OF KANSAS, Appellant, v. CAROLYN A. STEPHENS, Appellee. No. 77,575Supreme Court of Kansas Opinion filed January 23, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examination — Rules. Rules to be applied in preliminary examinations are stated and applied. 2. SAME — Theft — Degree of Crime Determined by […]
IN RE ESTATE OF MUESELER, 188 Kan. 407 (1961)
362 P.2d 653 In the Matter of the Estate of Frank Mueseler, Deceased. KARL H. MUESELER, Appellant, v. JOHNNIE WENGER, Executor, LUTHERAN CHILDREN’S FRIEND SOCIETY, THE LUTHERAN HOUR, and THE CHURCH EXTENSION FUND, KANSAS DISTRICT LUTHERAN CHURCH, MISSOURI SYNOD, Appellees. No. 42,291Supreme Court of Kansas Opinion filed June 10, 1961. SYLLABUS BY THE COURT WILLS […]
IN RE WINTERS, 239 Kan. 276 (1986)
717 P.2d 1056 In the Matter of MELVIN RALPH WINTERS, JR., Respondent. No. 58,994Supreme Court of Kansas Opinion filed May 2, 1986. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Attorney indefinitely suspended from the practice of law in Kansas when he neglected a legal matter entrusted to him, failed […]
STATE v. SHERMAN, 217 Kan. 326 (1974)
536 P.2d 1373 STATE OF KANSAS, Appellant, v. WILLIAM R. SHERMAN, Appellee. No. 47,570Supreme Court of Kansas Opinion filed June 14, 1974. SYLLABUS BY THE COURT CRIMINAL LAW — No Denial of Speedy Trial. In a criminal prosecution wherein the state appeals from an order discharging defendant because of the state’s failure to comply with […]
CENTERA BANK v. WEDEL, 92,255 (Kan.App. 12-10-2004)
101 P.3d 741 CENTERA BANK v. WEDEL. No. 92,255.Court of Appeals of Kansas December 10, 2004. Appeal from the Haskell. Decision without published opinion. Appeal dismissed.
STATE v. EVANS, 35 Kan. App. 2d xvi (2006)
State v. Evans. No. 92,321.Court of Appeals of Kansas. April 7, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
RILING, EXECUTOR v. CAIN, 199 Kan. 259 (1967)
428 P.2d 789 JOHN J. RILING, Executor of the Will and Estate of Mary F. Priest, Appellant, v. DAN O. CAIN, Appellee. No. 44,787Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Executor’s Rights to Real Estate Permissive. Under the provisions of K.S.A. 59-1401, an executor […]
KASTL v. STATE, 36 Kan. App. 2d xvi (2006)
Kastl v. State. No. 93,877.Court of Appeals of Kansas. June 30, 2006. Appeal from the Seward. Unpublished Opinions Affirmed.
PURCELL v. BRUCE, 93,716 (Kan.App. 10-7-2005)
120 P.3d 808 PURCELL v. BRUCE. No. 93,716.Court of Appeals of Kansas. October 7, 2005. Decision without published opinion. Affirmed.
KING v. KING, 183 Kan. 406 (1958)
327 P.2d 865 MARTHA KING, Appellant, v. GEORGE KING, Appellee. No. 41,035Supreme Court of Kansas Opinion filed July 7, 1958. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Specification Charging Abuse of Discretion — Trial Error. In a divorce action where the trial court found the parties in equal wrong and denied a divorce, […]
CLARK v. TUCKER ELECTRIC CO., 185 Kan. 580 (1959)
345 P.2d 620 ROBERT A. CLARK, Appellant, v. A. TUCKER ELECTRIC COMPANY and ZURICH INSURANCE COMPANY, Appellees. No. 41,562Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Proceedings for Compensation — Payment — Limitations. Where in a workmen’s compensation case, it appears the workman timely filed his written […]
STATE v. BISHOP, 215 Kan. 481 (1974)
524 P.2d 712 STATE OF KANSAS, Appellant, v. DELBERT D. BISHOP, Appellee. No. 47,407Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Allegations Fatally Defective. If the facts alleged in an information do not constitute an offense within the terms and meaning of the statute upon […]
IN RE MILLER, 282 Kan. 689 (2006)
147 P.3d 150 In the Matter of CHRISTOPHER ROGER PAUL MILLER, Respondent. No. 96,578.Supreme Court of Kansas. Opinion filed December 8, 2006. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Suspension. Original proceeding in discipline. Opinion filed December 8, 2006. Two-year suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause […]
RODRIGUEZ v. STATE, 287 Kan. 766 (2009)
Rodriguez v. State. No. 96,587.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
CAIN v. MORRISON, 212 Kan. 791 (1973)
512 P.2d 474 WAYNE R. CAIN, CONSERVATOR OF THE ESTATE OF VIOLA CAIN, and VIOLA E. CAIN, Appellees, v. MARVIN MORRISON and MARVA L. MORRISON, Appellants. No. 46,972Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. DEEDS — Deposit With Third Person — Delivery Upon Death — When Delivered. A […]
GIETZEN v. QUIET THUNDER INVESTMENT, 276 Kan. 968 (2003)
GIETZEN v. QUIET THUNDER INVESTMENT. No. 88,449.Supreme Court of Kansas. November 12, 2003. Reported below Unpublished. Petition for review denied.
ARROWHEAD CONSTR. CO. v. ESSEX CORP., 233 Kan. 241 (1983)
662 P.2d 1195 ARROWHEAD CONSTRUCTION COMPANY OF DODGE CITY, KANSAS, INC., Plaintiff, v. ESSEX CORPORATION and HERITAGE CONSTRUCTION MANAGEMENT COMPANY, Defendants, UNIVERSAL SURETY COMPANY and INLAND INSURANCE COMPANY, Defendants, Appellants and Cross-Appellees, and FRANK CROTTS and GLENN HENLEY, Defendants, Appellees and Cross-Appellants. No. 54,193Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE […]
COFFEY, ADMINISTRATOR v. GILBERT, 204 Kan. 305 (1969)
461 P.2d 747 HARLEY A. COFFEY, Administrator De Bonis Non Cum Testamento Annexo, and ALBERT H. ROBERT, Cross-Appellants, v. RALPH T. GILBERT and EARLE N. WRIGHT, Cross-Appellees. No. 45,490Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata — Matters Which Might Have Been Litigated. When all […]
ANDERSON v. CITY OF PARSONS, 209 Kan. 337 (1972)
496 P.2d 1333 C.J. ANDERSON and VERDA M. ANDERSON, in Person, and for All Other Persons Similarly Situated, Appellants, v. THE CITY OF PARSONS and ROY E. MOORE, MYER S. FRESHMAN and RICHARD R. COMBS, Constituting the Board of Commissioners of The City of Parsons; THE URBAN RENEWAL AGENCY OF THE CITY OF PARSONS and […]
STORMONT-VAIL v. CUTRER, 39 Kan. App. 2d 1 (2007)
178 P.3d 35 STORMONT-VAIL HEALTHCARE, INC., Appellee, v. MICHELLE R. CUTRER, Appellant, v. TAYLOR L. PORTER, M.D., Appellee. No. 97,217.[1] Court of Appeals of Kansas. Opinion filed October 26, 2007. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 ( 2007 Kan. Ct. […]
STATE v. DWYER, 92,757 (Kan.App. 11-18-2005)
122 P.3d 838 STATE v. DWYER. No. 92,757.Court of Appeals of Kansas. November 18, 2005. Appeal from Sumner. Decision without published opinion. Affirmed.
BANZER v. CITY OF WICHITA, 237 Kan. 798 (1985)
703 P.2d 812 WILLIAM E. and MARY BANZER, et al., Plaintiffs-Appellants, v. THE CITY OF WICHITA, Defendant-Appellee and WILLIAM E. FORSHEE, et al. Plaintiffs-Appellants, v. THE CITY OF WICHITA, Defendant-Appellee. No. 57,465Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS OF THE COURT 1. CITIES AND MUNICIPALITIES — Annexation — Statutory Requirements. The power […]
MOUBER v. CITY OF PRAIRIE VILLAGE, 6 Kan. App. 2d 972 (1981)
637 P.2d 424 DAVID MOUBER and RITA MOUBER, JAMES F. PENNINGTON and NANCY PENNINGTON, HOWARD VANDERVORT, JOHN JURCO and DONNA JURCO, Appellants, v. THE CITY OF PRAIRIE VILLAGE, A Municipal Corporation, THE McDONALD’S CORPORATION, Appellees. No. 52,292Court of Appeals of Kansas Opinion filed December 3, 1981 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Defenses […]
STATE v. JAMES, 280 Kan. 987 (2005)
State v. James. No. 92,665.Supreme Court of Kansas. December 21, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. ARB, 276 Kan. 970 (2003)
STATE v. ARB. No. 89,096.Supreme Court of Kansas. July 10, 2003. Reported below Unpublished. Petition for review denied.
RICKARD v. FUNDENBERGER, 1 Kan. App. 2d 222 (1977)
563 P.2d 1069 AUBREY RICKARD, Appellee, v. LLOYD FUNDENBERGER, Appellant. No. 48,199Court of Appeals of Kansas Opinion filed April 22, 1977 SYLLABUS BY THE COURT 1. ZONING — Rules for Judicial Review Stated. Rules for judicial review of boards of zoning appeals’ decisions are stated. 2. SAME — Reasonableness of Decision to Grant Building Permit […]
IN RE P.W.R., 35 Kan. App. 2d xiii (2006)
In re P.W.R. Nos. 94,554, 94,555, 94,556.Court of Appeals of Kansas. April 7, 2006. Appeal from the Johnson. Unpublished Opinions Affirmed.
McKINNEY v. RODNEY MILLING CO., 177 Kan. 401 (1955)
279 P.2d 221 GEORGE W. McKINNEY, Appellee, v. RODNEY MILLING COMPANY and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, Appellants. No. 39,678Supreme Court of Kansas Opinion filed January 22, 1955. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Notice — Scheduled Injury — Compensation. A workman, otherwise entitled to compensation under our Workmen’s Compensation Act, who, while working, […]
CITY OF DODGE CITY v. RABE, 14 Kan. App. 2d 468 (1990)
794 P.2d 301 CITY OF DODGE CITY, Appellee, v. KENNY RABE, Appellant. No. 64,221Court of Appeals of Kansas Opinion filed June 15, 1990 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Statutory Time Limitations — Burden on Prosecution. The obligation to bring a defendant to trial within the time limitations provided by […]
MURRAY v. MURRAY, 189 Kan. 679 (1962)
371 P.2d 125 FERRYL A. MURRAY, Appellee, v. HOWARD T. MURRAY, Appellant. No. 42,721Supreme Court of Kansas Opinion filed May 5, 1962. SYLLABUS BY THE COURT DIVORCE — Allowance of Attorney Fees — Discretion of Trial Court. The record is examined in a divorce proceeding in which the defendant husband appeals from an order of […]
STATE v. GRAHAM, 172 Kan. 627 (1952)
242 P.2d 1067 STATE OF KANSAS, Appellee, v. CHARLES A. GRAHAM, also known as C.A. GRAHAM, Appellant. No. 38,236Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Burglary and Larceny — Instructions — Rulings. The record in a criminal prosecution for burglary and larceny while engaged in […]
GRAHAM v. NELSON, 20 Kan. App. 2d 896 (1995)
893 P.2d 294 TRAVIS GRAHAM, Appellant, v. MICHAEL NELSON, WARDEN, EL DORADO CORRECTIONAL FACILITY; and THE SECRETARY OF CORRECTIONS OF THE STATE OF KANSAS, Appellees. No. 72,073Court of Appeals of Kansas Opinion filed April 14, 1995 SYLLABUS BY THE COURT 1. HABEAS CORPUS — Prisoner’s Challenge to Administrative Segregation. Habeas corpus is the appropriate device […]
STATE v. DEAL, 41 Kan. App. 2d 866 (2009)
206 P.3d 529 STATE OF KANSAS, Appellee, v. DANA WAYNE DEAL, Appellant. Nos. 98,292, 98,952.Court of Appeals of Kansas. Opinion filed May 1, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When a defendant challenges the sufficiency of the evidence in a criminal case, the standard of review is […]
PROWANT, ADMINISTRATRIX v. KINGS-X, 184 Kan. 413 (1959)
337 P.2d 1021 HILDA P.C. PROWANT, Administratrix of the Estate of R.J. Prowant, Deceased, Appellant, v. KINGS-X, INC., a Corporation, Appellee. No. 41,114Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT DEATH — Survival of Action — Who May Maintain Action. Where a person has been injured by another, if he […]
STATE v. RANSOM, 239 Kan. 594 (1986)
722 P.2d 540 STATE OF KANSAS, Appellee, v. PETER H. RANSOM, Appellant. No. 58,369Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Grant of Rehearing in Earlier Appeal. A challenge to the granting of a rehearing in an earlier appeal is considered and rejected. 2. CRIMINAL […]
NOON v. SMITH, 16 Kan. App. 2d 818 (1992)
829 P.2d 922 WILLIAM T. NOON, Appellant, v. CAROL K. SMITH, Appellee. No. 67,195Court of Appeals of Kansas Opinion filed April 10, 1992 SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Failure to Object. Pursuant to K.S.A. 60-251(b), a party cannot assign as error the giving of a jury instruction unless the party […]
STATE v. SMITH, 223 Kan. 47 (1977)
574 P.2d 161 STATE OF KANSAS, Appellee, v. WARREN SMITH, Appellant. No. 48,493Supreme Court of Kansas Opinion filed November 5, 1977. MEMORANDUM OPINION CRIMINAL LAW — Aggravated Robbery — No Appeal Taken within Statutory Time — Jurisdiction. Appeal from Shawnee district court, division No. 4; ADRIAN J. ALLEN, judge. Opinion filed November 5, 1977. Affirmed. […]