Kansas Supreme Court Decisions 2013
Date: December 27, 2013
Docket Number: 104198
Justia Opinion Summary: After a consolidated jury trial, Defendant was convicted of assault, battery, and criminal threat in one case and two counts of failure to register in another case. The court of appeals affirmed Defendant’s convictions…
Date: December 27, 2013
Docket Number: 105932
Justia Opinion Summary: Defendant was charged as a juvenile with alternative counts of first-degree premeditated murder and felony murder, among other charges, for offenses that occurred when Defendant was sixteen years old. The State filed a…
Date: December 20, 2013
Docket Number: 101690
Justia Opinion Summary: Via Christi Regional Medical Center, Inc. filed a hospital lien to collect on its bill for medical services provided to Ivan Reed after Reed's car collided with a Union Pacific Railroad train. The lien purported to…
Date: December 20, 2013
Docket Number: 103532
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated liberties with a child and sentenced to life imprisonment. Defendant appealed, arguing, among other things, that the trial court erred in denying his motion…
Date: December 20, 2013
Docket Number: 105962
Justia Opinion Summary: City cited Defendant, which operated a grain elevator facility inside city limits, for violating municipal noise and nuisance ordinances. After a bench trial, the municipal court found Defendant guilty of violating both…
Date: December 13, 2013
Docket Number: 104644
Justia Opinion Summary: Plaintiff attempted to file a medical malpractice action against Defendant by mailing the summons and petition via unrestricted certified mail to Defendant's business address. Defendant received the petition and filed an…
Date: December 6, 2013
Docket Number: 101647
Justia Opinion Summary: Iron Mound, LLC and ASC Group, LLC entered into an operating agreement for the creation of ASC Midwest, LLC. Neuterra Healthcare Management, LLC was the successor-in-interest to the ASC Group. After ASC Midwest was…
Date: December 6, 2013
Docket Number: 102055
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of marijuana, possession of marijuana with no tax stamp affixed, and possession of drug paraphernalia. The court of appeals affirmed Defendant's convictions,…
Date: December 6, 2013
Docket Number: 105785
Justia Opinion Summary: The taxpayers in this case were out-of-state natural gas marketing companies, out-of-state local distribution companies that were certified as public utilities in their states, and out-of-state municipalities. Each…
Date: December 6, 2013
Docket Number: 105854
Justia Opinion Summary: After a jury trial, Defendant was convicted of more than sixty offenses, including two counts of first-degree murder. Defendant was sentenced to life imprisonment plus 123 to 355 years. The Supreme Court affirmed.…
Date: November 22, 2013
Docket Number: 100704
Justia Opinion Summary: After Defendant was charged with rape and other crimes, the district court appointed an attorney from the public defender's office to represent Defendant. The appointed attorney subsequently filed three motions to…
Date: November 22, 2013
Docket Number: 103855
Justia Opinion Summary: Defendant pled guilty to possession of cocaine, and, after a jury trial, was convicted of criminal threat and theft. Defendant filed a motion for a downward durational and dispositional departure. After a sentencing…
Date: November 22, 2013
Docket Number: 108351
Justia Opinion Summary: Plaintiffs were two Kansas residents who entered into an agreement with an out-of-state limited liability company (LLC) to assist them in managing their consumer debt and in dealing with their creditors. Plaintiffs…
Date: November 15, 2013
Docket Number: 104083
Justia Opinion Summary: After a jury trial, Defendant was convicted of several offenses, including the crime of forgery in violation of Kan. Stat. Ann. 21-3710(a)(2). Defendant appealed his forgery conviction, which was based upon his attempt…
Date: November 8, 2013
Docket Number: 101458
Justia Opinion Summary: After a jury trial, Defendant was convicted of capital murder for the intentional and premeditated killing of Rachel Dennis in the commission of, or subsequent to the commission of, attempted rape. The Supreme Court…
Date: November 8, 2013
Docket Number: 102662
Justia Opinion Summary: While working for Employer, Appellant was seriously injured in a gasoline fire. Appellant filed a complaint against Employer for negligently failing to provide him with a reasonably safe workplace. The district court…
Date: November 8, 2013
Docket Number: 104651
Justia Opinion Summary: Defendant entered a guilty or no contest plea to the charge of driving under the influence of alcohol (DUI), which was a nonperson felony due to Defendant's two previous misdemeanor convictions for the same offense.…
Date: November 8, 2013
Docket Number: 105420
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree murder. Defendant appealed, arguing (1) under Kansas' version of a stand-your-ground-law in effect at the time of the crime, he was immune from…
Date: November 8, 2013
Docket Number: 105882
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, arson, and aggravated burglary. On appeal, Defendant unsuccessfully challenged the district judge's denial of his motion to suppress a videotape of his…
Date: October 25, 2013
Docket Number: 104827
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder and criminal discharge of a firearm at an occupied vehicle. Defendant appealed, arguing that he did not aid and abet Michael Navarro, the person who actually…
Date: October 25, 2013
Docket Number: 107671
Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated murder. Prior to trial, the State filed a motion for a separate sentencing proceeding. The assistant county attorney personally served on Defendant's counsel a…
Date: October 4, 2013
Docket Number: 104858
Justia Opinion Summary: After a jury trial, Defendant was convicted of malicious second-degree murder and sentenced to life in prison. The Supreme Court affirmed Defendant's conviction and sentence. Defendant subsequently filed a pro se…
Date: October 4, 2013
Docket Number: 105493
Justia Opinion Summary: The Secretary of the Kansas Department of Health and Environment decided to issue an air emission source construction to permit Sunflower Power Corporation for the construction of a coal-fired power plant at the site of…
Date: September 20, 2013
Docket Number: 102598
Justia Opinion Summary: Thoroughbred Associates drilled a gas well (Well) in Comanche County. Thoroughbred subsequently acquired leases of land near the Well and created a unit called the Thoroughbred-Rietzke Unit (Rietzke Unit). Defendants…
Date: September 20, 2013
Docket Number: 103820
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder, attempted first-degree premeditated murder, and criminal possession of a firearm. The Supreme Court affirmed Defendant's convictions,…
Date: September 13, 2013
Docket Number: 102891
Justia Opinion Summary: Steven Novotny appealed his jury convictions of first-degree felony murder and aggravated battery. Novotny argued the district court erred in: (1) denying his motion to suppress evidence seized during a search of his…
Date: September 6, 2013
Docket Number: 98742
Justia Opinion Summary: Defendant Jazwane Jefferson appealed his convictions of first degree murder and the underlying felony of criminal discharge of a firearm at an occupied dwelling. On appeal, he argued that the district court erred in…
Date: August 23, 2013
Docket Number: 100997
Justia Opinion Summary: The Topeka City Council granted the Episcopal church (the Church) a building permit for a parking lot on Bethany Place, a registered state historic site owned by the Church. Friends of Bethany Place, a nonprofit…
Date: August 16, 2013
Docket Number: 104565
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated robbery and first-degree felony murder based on the underlying felony of aggravated robbery. The Supreme Court affirmed the convictions, holding (1) the State…
Date: August 16, 2013
Docket Number: 104710
Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual intercourse with a child who is under fourteen years of age. Because Defendant was older than seventeen, the crime was an off-grid person felony, and the district…
Date: August 9, 2013
Docket Number: 101222
Justia Opinion Summary: Defendant was charged with and convicted of unintentional reckless second-degree murder. The district court sentenced Defendant to 117 months' incarceration. The Supreme Court affirmed, holding (1) district court did not…
Date: August 9, 2013
Docket Number: 101806
Justia Opinion Summary: After a jury trial, Defendant was convicted and sentenced for second-degree unintentional murder. The Supreme Court affirmed, holding (1) the prosecutor committed misconduct during her closing argument, but the error was…
Date: August 9, 2013
Docket Number: 104847
Justia Opinion Summary: After a consolidated jury trial on two homicide cases against Defendant, Defendant was convicted of first-degree murder and criminal possession of a firearm. The Supreme Court affirmed Defendant's convictions, holding…
Date: August 9, 2013
Docket Number: 99479
Justia Opinion Summary: After a jury trial, Defendant was convicted of arson, three counts of criminal threat, misdemeanor criminal damage to property, assault, battery, and domestic battery. The Supreme Court (1) reversed two of Defendant's…
Date: August 5, 2013
Docket Number: 100501
Justia Opinion Summary: Defendant was convicted of first-degree murder. On direct appeal, the Supreme Court affirmed Defendant's conviction but remanded the case for resentencing. Within one year of the resentencing hearing but more than one…
Date: July 26, 2013
Docket Number: 101624
Justia Opinion Summary: After a jury trial, Defendant, a prisoner, was convicted of criminal threat for yelling at a pizza delivery person. The jury trial was held before Judge John McNally, who had presided over three cases involving…
Date: July 26, 2013
Docket Number: 101666
Justia Opinion Summary: Plaintiff was injured in the course of a surgery performed by Doctor. Two days before the expiration of the statute of limitations Plaintiff filed sued against Doctor and his practice. Doctor wasn't properly served. The…
Date: July 26, 2013
Docket Number: 101940
Justia Opinion Summary: The Rineharts contracted with Morton Buildings for a preengineered building to serve as their personal residence and business location for their business, Midwest Slitting. Upon disputes regarding the structure's…
Date: July 26, 2013
Docket Number: 103774
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and aggravated criminal sodomy. During the trial, the victim testified that Defendant had a scar on his penis. Defendant appealed, claiming that his counsel provided…
Date: July 19, 2013
Docket Number: 102570
Justia Opinion Summary: Russell Graham shot himself and his son, Zeus, with a gun Russell purchased at Baxter Springs Gun & Pawn Shop. The pawn shop's owners, Joe and Patsy George, filled out the paperwork by listing Russell's mother as the…
Date: July 12, 2013
Docket Number: 102789
Justia Opinion Summary: Rick and Lisa Graham filed a petition for a protection from stalking order against Elizabeth Jones in 2006. Jones counterclaimed for breach of fiduciary duty, breach of contract, fraud, and conversion. On June 27, 2007,…
Date: July 12, 2013
Docket Number: 103155
Justia Opinion Summary: John filed suit against his mother, Bernice, both individually and in her capacity as trustee for two trusts. Bernice subsequently died, and John's brother and sister, Richard and Diana, were substituted as defendants.…
Date: July 12, 2013
Docket Number: 104489
Justia Opinion Summary: Defendant was convicted of introducing a controlled substance into a correctional facility after marijuana was found in his socks. Defendant requested that he be given a departure sentence because the amount of marijuana…
Date: July 5, 2013
Docket Number: 103776
Justia Opinion Summary: After Employee was injured in a car accident with a police officer, Employer's workers compensation carrier (Claimant) sought to bring this tort action against City. Claimant gave notice to City that it was pursuing a…
Date: July 5, 2013
Docket Number: 104206
Justia Opinion Summary: After a jury trial, Defendant was convicted of six counts of aggravated indecent liberties with a child. The sentencing judge sentenced Defendant to six concurrent life sentences and imposed lifetime postrelease…
Date: July 5, 2013
Docket Number: 104658
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and attempted rape and sentenced to two terms of life in prison without parole as an aggravated habitual sex offender. The Supreme Court reversed Defendant's conviction…
Date: July 5, 2013
Docket Number: 107383
Justia Opinion Summary: After Mother and Father divorced, a Mississippi court entered a child-custody order granting residential custody of Child to Mother. Mother and Child moved to Kansas. Stepfather, Mother's husband, subsequently filed a…
Date: June 28, 2013
Docket Number: 102297
Justia Opinion Summary: Defendant, who was employed at an animal clinic, altered computer records to erase outstanding bills for services performed for her own pets and stole clinic inventory. After a jury trial, Defendant was convicted of…
Date: June 28, 2013
Docket Number: 102527
Justia Opinion Summary: After a jury trial, Defendant, who provided daycare services for children in her home, was convicted of involuntary manslaughter based on the underlying crime of endangering a child. Defendant appealed, contending that…
Date: June 28, 2013
Docket Number: 103677
Justia Opinion Summary: After Defendant stole a television from Timothy Schulze's home, Defendant pleaded guilty to burglary and four counts of theft. The district court ordered restitution in the amount of $1,862, of which the majority was…
Date: June 28, 2013
Docket Number: 104092
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder and child abuse and sentenced to consecutive terms of life and fifty-five months' incarceration with lifetime postrelease supervision. The Supreme Court…
Date: June 21, 2013
Docket Number: 101263
Justia Opinion Summary: A police officer discovered Defendant had an outstanding arrest warrant for a traffic violation and, in arresting Defendant, searched Defendant's vehicle where he found drugs and drug paraphernalia. The State charged…
Date: June 21, 2013
Docket Number: 103086
Justia Opinion Summary: A police officer stopped Defendant after observing him driving a vehicle with expired tags. The officer arrested Defendant after learning Defendant's driving privileges were revoked and then searched Defendant's vehicle,…
Date: June 21, 2013
Docket Number: 103674
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated criminal sodomy and two counts of aggravated indecent liberties with a child. Defendant appealed, arguing that his right to a public trial was…
Date: June 21, 2013
Docket Number: 104068
Justia Opinion Summary: Defendant pled guilty to aggravated indecent liberties with a child pursuant to a plea agreement. After sentencing, Defendant filed a Kan. Stat. Ann. 60-1507 motion, contending that her trial counsel was constitutionally…
Date: June 21, 2013
Docket Number: 104262
Justia Opinion Summary: Defendant pleaded guilty to two counts of aggravated indecent liberties with a child in violation of Kan. Stat. Ann. 21-3504(a)(3)(B). Pursuant to Kan. Stat. Ann. 21-4643(a)(1)(3), the district court imposed a life…
Date: June 21, 2013
Docket Number: 105384
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony-murder, which was based on the underlying felony of child abuse. The conviction stemmed from the death of Defendant's girlfriend's ten-month-old son. The…
Date: June 14, 2013
Docket Number: 104020
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated indecent liberties with a child and sentenced to life without the possibility of parole for twenty-five years. Defendant appealed, asserting, among other claims,…
Date: June 14, 2013
Docket Number: 104475
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated criminal sodomy of a child under the age of fourteen. The sentencing court sentenced Defendant to life imprisonment with a mandatory minimum term of imprisonment…
Date: June 14, 2013
Docket Number: 104883
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of rape. The district court judge imposed life imprisonment with a minimum term of imprisonment of not less than twenty-five years. The Supreme Court affirmed…
Date: June 14, 2013
Docket Number: 105483
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated indecent liberties with a child. The district court sentenced Defendant to a hard twenty-five life sentence pursuant to Jessica's Law. The Supreme Court affirmed,…
Date: June 7, 2013
Docket Number: 100501
Justia Opinion Summary: Defendant was convicted of first-degree murder and sentenced to life imprisonment without the possibility of parole for fifty years. The Supreme Court affirmed Defendant's conviction but vacated his sentence and remanded…
Date: June 7, 2013
Docket Number: 101723
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of indecent liberties with a child. Defendant appealed, arguing, among other things, that the district judge erred in admitting prior bad acts evidence under the…
Date: June 7, 2013
Docket Number: 105050
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and two counts of aggravated indecent liberties with a child. The district court, pursuant to Jessica's law, sentenced Defendant to three concurrent hard twenty-five…
Date: June 7, 2013
Docket Number: 106429
Justia Opinion Summary: Defendant allowed Kim Driscoll to drive a car belonging to Defendant and others knowing Driscoll was incapable of safely driving the car because he drank alcohol on a daily basis and was a known reckless driver. Driscoll…
Date: June 7, 2013
Docket Number: 107133
Justia Opinion Summary: Plaintiff brought a retaliatory discharge claim against her former employer (FedEx), alleging that she was terminated for exercising her rights as an injured worker pursuant to the Kansas Workers Compensation Act.…
Date: May 31, 2013
Docket Number: 100766
Justia Opinion Summary: After a trial, Defendant was convicted for an aggravated weapons violation. The court of appeals affirmed the conviction, determining that there were procedural bars precluding review of Defendant's case. Defendant…
Date: May 31, 2013
Docket Number: 103242
Justia Opinion Summary: In 2004, Defendant was convicted of rape, aggravated criminal sodomy, and aggravated indecent liberties. The Supreme Court reversed the convictions, concluding that the district judge had erred by admitting evidence of…
Date: May 31, 2013
Docket Number: 107858
Justia Opinion Summary: Defendant pled guilty to four crimes arising from the abuse of his girlfriend's nineteen-month-old son, resulting in the child's death. The district court ran Defendant's sentences for the four crimes, which included…
Date: May 17, 2013
Docket Number: 101617
Justia Opinion Summary: The State charged Defendant with one count of cocaine possession after law enforcement officers arrested him on an outstanding warrant and discovered cocaine in his shoe. The district court granted Defendant's motion to…
Date: May 17, 2013
Docket Number: 101953
Justia Opinion Summary: After a jury trial, Defendant was charged with and convicted of two counts of felony theft based on his admission that he grabbed a bank bag and a purse from a counter in a restaurant and fled with the stolen items.…
Date: May 17, 2013
Docket Number: 102342
Justia Opinion Summary: The State charged Defendant with felony possession of marijuana. Defendant sought to suppress the marijuana as the fruit of an unlawful detention. The district court denied the motion and convicted Defendant as charged.…
Date: May 17, 2013
Docket Number: 103373
Justia Opinion Summary: Appellant was injured in the course of providing aid to a calf that he was escorting onto a neighbor's property. Appellant sued to recover medical damages from the neighbor (Appellee), claiming that Appellees were…
Date: May 10, 2013
Docket Number: 100422
Justia Opinion Summary: Defendant was convicted of driving under the influence of alcohol (DUI). Defendant appealed, contending (1) the trial court erred in admitting certain evidence she claimed portrayed her as a bad mother and of low moral…
Date: May 10, 2013
Docket Number: 103918
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of rape of a child under the age of fourteen and sentenced to a lifetime sentence with a mandatory minimum of twenty-five years. The Supreme Court affirmed the…
Date: May 10, 2013
Docket Number: 104474
Justia Opinion Summary: After a jury trial, Defendant was convicted of capital murder and rape and sentenced to a life sentence without parole for the murder conviction. Defendant appealed, arguing (1) the district court erred in allowing…
Date: May 3, 2013
Docket Number: 100864
Justia Opinion Summary: After a jury trial, Defendant was convicted for misdemeanor driving under the influence (DUI) with a blood-alcohol concentration of .08 or higher. The DUI charge resulted from a sobriety checkpoint at which Defendant…
Date: May 3, 2013
Docket Number: 101052
Justia Opinion Summary: Defendant was charged with several drug-related offenses. Defendant moved to suppress the items found in his vehicle, challenging the validity of the stop and the officer's vehicle search incident to the arrest. The…
Date: May 3, 2013
Docket Number: 101146
Justia Opinion Summary: On the second anniversary of her husband Curley's death, Plaintiff, individually and as the representative of the estate of Curley, filed a lawsuit against defendants Doctor and Hospital, in which she raised wrongful…
Date: May 3, 2013
Docket Number: 101860
Justia Opinion Summary: The State charged Defendant with several drug-related offenses and possession of a firearm. Defendant moved to suppress the gun and drug evidence found in his apartment, arguing that the smell of burning marijuana did…
Date: May 3, 2013
Docket Number: 102535
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony murder, aggravated robbery, and aggravated burglary. The Supreme Court affirmed Defendant's convictions, holding (1) the trial court abused its…
Date: April 26, 2013
Docket Number: 104998
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder based upon the underlying felony of aggravated robbery and aggravated robbery. Defendant appealed, arguing that the district court erred in denying his motion…
Date: April 26, 2013
Docket Number: 105077
Justia Opinion Summary: After a jury trial, Defendant was found guilty of aggravated criminal sodomy. The Supreme Court affirmed Defendant's conviction, remanded a portion of Defendant's sentence for additional findings, and vacated the…
Date: April 19, 2013
Docket Number: 103229
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated indecent liberties with a child. Defendant appealed, arguing, among other things, that the prosecutor committed misconduct during rebuttal closing…
Date: April 19, 2013
Docket Number: 103289
Justia Opinion Summary: After a jury trial, Defendant was convicted for the first-degree premeditated murder of his wife. The Supreme Court affirmed the conviction, holding (1) the prosecutor misstated the law on premeditation during closing…
Date: April 19, 2013
Docket Number: 103340
Justia Opinion Summary: Plaintiff filed a claim with his Insurer under his policy for stolen tools and equipment, which Insurer denied. Plaintiff sued. The district court granted summary judgment for Insurer. The court of appeals reversed and…
Date: April 12, 2013
Docket Number: 100648
Justia Opinion Summary: Seller and his real estate agent (Agent) entered into an agency agreement requiring Agent to inform potential buyers of material defects in Seller's home of which she had actual knowledge. Seller completed a signed a…
Date: April 12, 2013
Docket Number: 101341
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated criminal sodomy and aggravated indecent liberties with a child. The court departed from the usual Jessica's Law life sentence with a mandatory minimum of…
Date: April 12, 2013
Docket Number: 103508
Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder. The Supreme Court affirmed the conviction, holding (1) the prosecutor did not commit misconduct during voir dire by using a "Wheel of…
Date: April 12, 2013
Docket Number: 104504
Justia Opinion Summary: After a jury trial, Defendant was convicted of the premeditated first-degree murder of Joseph Beier. Defendant admitted to shooting Beier during a bar fight but appealed his conviction on several grounds. The Supreme…
Date: April 12, 2013
Docket Number: 104579
Justia Opinion Summary: Defendant pleaded guilty to three counts of aggravated indecent liberties with a child and one count of lewd and lascivious behavior. The district court imposed a sentence of twenty-five years to life under Jessica's…
Date: April 12, 2013
Docket Number: 105143
Justia Opinion Summary: Defendant pleaded no contest to aggravated criminal sodomy, an off-grid crime. The district court sentenced Defendant to a term of life without the possibility of parole for twenty-five years. The court also imposed…
Date: April 12, 2013
Docket Number: 105215
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated indecent liberties with a child under the age of fourteen. The Supreme Court affirmed the conviction and affirmed in part and vacated in part the sentence,…
Date: April 12, 2013
Docket Number: 105351
Justia Opinion Summary: Defendant pled nolo contendere to one count of aggravated indecent liberties with a child. At sentencing, the district court granted a downward departure to a sixty months' prison term and imposed lifetime postrelease…
Date: April 12, 2013
Docket Number: 106184
Justia Opinion Summary: Defendant pleaded guilty to the off-grid person felony of rape (sexual intercourse with a child under fourteen years old) and the off-grid person felony of aggravated criminal sodomy (sodomy with a child under fourteen…
Date: April 12, 2013
Docket Number: 107022
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder. The Supreme Court affirmed the conviction on appeal. Defendant subsequently filed a motion to void judgment pursuant to Kan. Stat. Ann. 60-260(b)(4), claiming…
Date: April 5, 2013
Docket Number: 102744
Justia Opinion Summary: This appeal arose over the administration of a Trust between Lawrence, the Trust's beneficiary, and the Trust's trustees, Dennis and Leona (collectively, Trustees). Lawrence moved to set aside a contract for deed…
Date: April 5, 2013
Docket Number: 103509
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated criminal sodomy of a child less than fourteen years of age. Defendant appealed, arguing, inter alia, that his right to counsel under the federal and…
Date: April 5, 2013
Docket Number: 103558
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and aggravated indecent liberties with a child. The Supreme Court affirmed Defendant's convictions, holding (1) the district court violated Defendant's constitutional…
Date: April 5, 2013
Docket Number: 105991
Justia Opinion Summary: Defendant pled guilty to first-degree murder and aggravated robbery. Defendant subsequently filed a habeas petition and a motion to correct an illegal sentence, both of which were unsuccessful. Approximately twelve years…
Date: March 29, 2013
Docket Number: 100529
Justia Opinion Summary: Defendant was charged with a drug-related crime. During trial, evidence of Defendant's prior conviction for possession of drug paraphernalia to manufacture methamphetamine was admitted into evidence. The jury convicted…
Date: March 29, 2013
Docket Number: 101805
Justia Opinion Summary: Defendant pleaded guilty to a drug-related crime and was sentenced to eighteen months' probation. The district court made no findings justifying Defendant's extended prison probation term from twelve months to eighteen…
Date: March 22, 2013
Docket Number: 101812
Justia Opinion Summary: Defendant Ritchie Corporation conveyed title to a tract of land a waste systems corporation (BFI). Ritchie and BFI entered into an escrow agreement that entitled BFI to operate the property as a nonhazardous waste…
Date: March 22, 2013
Docket Number: 104098
Justia Opinion Summary: Defendant pleaded guilty to one count of rape and one count of aggravated criminal sodomy for acts committed against his stepdaughter. The district court sentenced Defendant to concurrent hard twenty-five life sentences…
Date: March 22, 2013
Docket Number: 104176
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder and aggravated robbery. The Supreme Court affirmed, holding (1) several of the issues raised by Defendant were not properly preserved or presented for review;…
Date: March 22, 2013
Docket Number: 104900
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and aggravated indecent liberties for his conduct with his third-grade stepdaughter. Defendant was sentenced to two consecutive Jessica's Law hard twenty-five life…
Date: March 22, 2013
Docket Number: 105098
Justia Opinion Summary: While driving his vehicle within the boundaries of the Prairie Band Potawatomi Nation's (Nation) reservation, Appellant, an enrolled member of the nation, was arrested for operating a vehicle while under the influence.…
Date: March 15, 2013
Docket Number: 104279
Justia Opinion Summary: Northern Natural Gas Company (Northern) claimed several gas and energy companies (collectively, ONEOK and Lumen) wrongfully converted natural gas by purchasing gas from two producers (collectively, Nash and L.D.), which…
Date: March 8, 2013
Docket Number: 100112
Justia Opinion Summary: After a trial, Defendant was convicted of two counts of rape of a child under fourteen years of age and one count of aggravated indecent liberties with a child. Defendant appealed, claiming that the trial court erred in…
Date: March 8, 2013
Docket Number: 106192
Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder, capital murder, aggravated robbery, and conspiracy to commit aggravated robbery. Defendant later filed a pro se motion to correct an…
Date: March 8, 2013
Docket Number: 97855
Justia Opinion Summary: Decedent created an inter vivos revocable trust. Until her death, Decedent served as the trust's sole trustee. At Decedent's request, Attorney drafted the trust documents and a pour-over will. Bank was named successor…
Date: March 1, 2013
Docket Number: 100248
Justia Opinion Summary: After a jury trial, Appellant was convicted of attempted first-degree murder, aggravated kidnapping, attempted rape, and criminal possession of a firearm. Appellant subsequently filed a pro se Kan. Stat. Ann. 60-1507…
Date: March 1, 2013
Docket Number: 103527
Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of aggravated battery. Counts I and II were a violation of Kan. Stat. Ann. 3414(a)(2)(A) and Count III was a violation of Kan. Stat. Ann. 3414(a)(2)(B), which…
Date: February 22, 2013
Docket Number: 102354
Justia Opinion Summary: After Ian Burch's motor home was stopped by a highway patrol trooper, the trooper found drugs, drug paraphernalia, and $15,000 in cash in the vehicle. The State filed criminal charges against Burch. The district court…
Date: February 22, 2013
Docket Number: 103487
Justia Opinion Summary: Defendant and Plaintiff were in a long-time, same-sex relationship, during which they had two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement…
Date: February 15, 2013
Docket Number: 100888
Justia Opinion Summary: Defendant was found guilty of possession of drugs and possession of drug paraphernalia. The drugs and paraphernalia were first observed in Defendant's apartment by a public housing employee who had made an uninvited…
Date: February 15, 2013
Docket Number: 102233
Justia Opinion Summary: Defendant pleaded guilty to attempted second-degree intentional murder and aggravated battery. The sentencing court imposed a controlling, downward durational departure sentence of twenty-four months' imprisonment. The…
Date: February 15, 2013
Docket Number: 102840
Justia Opinion Summary: Defendant was convicted of possession of cocaine and violation of a protection order. The State elicited evidence of multiple acts that would support the violation of a protection order charge, but it failed to elect one…
Date: February 15, 2013
Docket Number: 102921
Justia Opinion Summary: The Kansas State Board of Healing Arts (Board) filed a formal disciplinary action against Dr. Amir Friedman that resulted in an order of the Board revoking Friedman's license to practice medicine and surgery in the…
Date: February 15, 2013
Docket Number: 104580
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and sentenced to life in prison without the possibility of parole for twenty-five years. Defendant appealed, arguing in part that the district court erred in denying…
Date: February 15, 2013
Docket Number: 106056
Justia Opinion Summary: Defendant pled guilty to twenty-six counts of sexual exploitation of a child. Before sentencing, Defendant filed a downward durational and/or dispositional departure motion, asking the court to depart from the…
Date: February 15, 2013
Docket Number: 106946
Justia Opinion Summary: Defendant was convicted of first-degree murder, burglary, and three counts of forgery. The Supreme Court affirmed Defendant's convictions on direct appeal but reversed and remanded his hard fifty prison term for the…
Date: February 8, 2013
Docket Number: 101445
Justia Opinion Summary: The Workers Compensation Board awarded Plaintiff benefits under the Workers Compensation Act for an injury he sustained while operating a go-cart at an event sponsored by his employer (Employer). Employer and its…
Date: February 8, 2013
Docket Number: 102198
Justia Opinion Summary: After digital photographs of children engaged in sexual acts were found on Defendant's work computer, Defendant pleaded no contest to attempted sexual exploitation of a child. The district court imposed a fifty-two year…
Date: February 8, 2013
Docket Number: 103089
Justia Opinion Summary: After entering into a plea agreement with the State, Defendant entered no contest pleas to numerous crimes in exchange for the State's promise to recommend at sentencing that the district court impose a controlling term…
Date: February 8, 2013
Docket Number: 99793
Justia Opinion Summary: Defendant owned a first-priority security interest in LLC. The Cass Trust owned LLC membership interest, and the Cass Trust and Cohen Trust owned common stock shares in Corporation. The Cohen and Cass trustees later made…
Date: February 1, 2013
Docket Number: 100178
Justia Opinion Summary: At the conclusion of Defendant's seizure pursuant to a traffic stop, law enforcement officers returned to Defendant's car and asked him if they could search the vehicle. Defendant consented to the search of the car. The…
Date: February 1, 2013
Docket Number: 102114
Justia Opinion Summary: Corporation owned a club with exotic dancers who were treated as independent contractors rather than employees for the purposes of unemployment insurance. In 2005, the Department of Labor determined that the dancers were…
Date: February 1, 2013
Docket Number: 102731
Justia Opinion Summary: The City of Topeka attempted to purchase a new police helicopter from Schreib-Air, Inc. with financing by Municipal Services Group, Inc. (MSG) After a lease-purchase agreement was signed, the State filed suit seeking a…
Date: February 1, 2013
Docket Number: 103028
Justia Opinion Summary: After a bench trial, Defendant was convicted of driving under the influence (DUI). Defendant appealed the denial of his suppression motion. The court of appeals affirmed. At issue before the Supreme Court was (1) whether…
Date: February 1, 2013
Docket Number: 99595
Justia Opinion Summary: Defendant was charged with possession of cocaine, among other crimes. Law enforcement officers found drug evidence on Defendant after they seized him under the suspicion that he knew the whereabouts of someone for whom…
Date: January 25, 2013
Docket Number: 104951
Justia Opinion Summary: Claimant sustained an injury while working for Employer. During the course of the workers compensation proceedings, it was confirmed that Claimant was an unauthorized alien. An ALJ denied Claimant's claim for permanent…
Date: January 25, 2013
Docket Number: 95800
Justia Opinion Summary: This capital murder case resulted from a double homicide and shooting of a third victim. After a trial, Defendant was convicted and sentenced to death. Defendant appealed, claiming he was denied his right to a fair trial…
Date: January 25, 2013
Docket Number: 98932
Justia Opinion Summary: Plaintiff sued Doctor for medical malpractice arising out of surgeries to treat her tracheal stenosis. Doctor filed a motion in limine to prevent Plaintiff's subsequent treating physician from testifying about the…
Date: January 11, 2013
Docket Number: 100215
Justia Opinion Summary: Parents, individually and on behalf of their daughter (Daughter), filed a medical malpractice action against Hospital under respondeat superior, alleging that Hospital's employee, an obstetrical nurse (Nurse), breached…
Date: January 11, 2013
Docket Number: 100286
Justia Opinion Summary: Keely Foster, a minor, and her parents, Kim and Kevin Foster, sued Keely's pediatric orthapedic surgeon, Dr. Michelle Klaumann, for injury done to a nerve in Keely's leg while Keely was undergoing surgery. After a trial,…
Date: January 11, 2013
Docket Number: 102324
Justia Opinion Summary: Three corporations, each of which owned a nursing home facility, requested a hearing with the Kansas Department on Aging, challenging new reimbursement rates for each facility, arguing that because the facilities…
Date: January 11, 2013
Docket Number: 103310
Justia Opinion Summary: Plaintiffs in this case were royalty owners entitled to receive a share of the production of natural gas in a gas field. Plaintiffs brought a class action against Anadarko Petroleum Corporation (APC) and its affiliates…
Date: January 11, 2013
Docket Number: 103505
Justia Opinion Summary: Douglas Girard and Eugene Mallard were both convicted of aggravated indecent liberties with a child. The State filed petitions for their continued confinement as sexually violent predators, a designation that required…
Date: January 4, 2013
Docket Number: 97952
Justia Opinion Summary: This eminent domain proceeding involved City's condemnation of a tract of land owned by Landowner. Company leased from Landowner approximately 500 square feet of the property for operation of a billboard. The tract was…
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