Kansas Supreme Court Decisions 2015

State v. Page  
Date: December 31, 2015
Docket Number: 106368

Justia Opinion Summary: After a jury trial, Defendant was convicted of abuse of a child, aggravated indecent liberties with a child, aiding and abetting aggravated indecent liberties with a child, and promoting obscenity to a minor. The Supreme…

Garcia v. Ball  
Date: December 31, 2015
Docket Number: 108817

Justia Opinion Summary: Plaintiff retained Defendant, a criminal defense attorney, to represent him in a probation revocation proceeding. The district court eventually accepted Plaintiff’s stipulation to violating probation, revoked his…

State v. Collins  
Date: December 23, 2015
Docket Number: 108660

Justia Opinion Summary: Defendant pleaded guilty to one count of domestic battery, which was treated as a person felony based on Defendant’s criminal history. The district court imposed the minimum ninety-day confinement required by statute,…

Fuller v. State  
Date: December 23, 2015
Docket Number: 108714

Justia Opinion Summary: After a jury trial, Defendant was convicted of rape, aggravated sexual battery, and aggravated burglary. Defendant’s lawyer subsequently filed a motion for new trial and a motion for judgment of acquittal, which the…

In re Fickler - (Indefinite supension) video
Date: December 23, 2015
Docket Number: 114096
Solomon v. State  
Date: December 23, 2015
Docket Number: 114573

Justia Opinion Summary: Larry Solomon was the chief judge of the Thirtieth Judicial District of Kansas. Judge Solomon was appointed to serve as judge judge in 1991 and has been reappointed continuously through the present. Under Kan. Stat. Ann.…

State v. Marshall  
Date: December 18, 2015
Docket Number: 110976

Justia Opinion Summary: After a trial, Defendant was convicted of capital murder. The district court imposed the mandated sentence of lifetime imprisonment without the possibility of parole. The Supreme Court affirmed the conviction, holding…

State v. Jones  
Date: December 18, 2015
Docket Number: 111540

Justia Opinion Summary: In 2000, at the age of eighteen, Defendant was convicted as an adult of murder. In 2012, Defendant filed a second petition for collateral relief, alleging ineffective assistance of counsel and denial of due process…

In re O'Leary (Disbarment) video
Date: December 18, 2015
Docket Number: 114076
In re Meyer (Indefinite suspension) video
Date: December 18, 2015
Docket Number: 114097
State v. Sprague  
Date: December 4, 2015
Docket Number: 108062

Justia Opinion Summary: After a jury trial, Defendant was found guilty of premeditated first-degree murder and sentenced to a hard fifty sentence. The Supreme Court affirmed Defendant’s conviction but vacated his sentence and remanded for…

State v. Dern  
Date: November 25, 2015
Docket Number: 106406

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated indecent liberties with a child and two counts of aggravated criminal sodomy involving his three-year-old twin daughters. The bulk of the evidence…

In re Bowman - Reinstatment
Date: November 24, 2015
Docket Number: 109512
In re O'Brien - Disbarment
Date: November 24, 2015
Docket Number: 8804
Hoesli v. Triplett, Inc.  
Date: November 20, 2015
Docket Number: 109448

Justia Opinion Summary: Appellant was injured in a compensable workplace accident. Prior to his injury, Appellant was receiving social security retirement benefits and earning additional employment income without a reduction in his social…

In re Riebschlager video
Date: November 20, 2015
Docket Number: 114098
State v. Laborde  
Date: November 6, 2015
Docket Number: 107872

Justia Opinion Summary: The State filed a complaint charging Defendant with one count of felony theft by deception. Both parties submitted instructions to the trial court setting out the elements of theft by unauthorized control. The jury found…

State v. Robinson  
Date: November 6, 2015
Docket Number: 90196

Justia Opinion Summary: The State charged Appellant with multiple offenses related to the murders of six women. The murders constituted parts of a common scheme or course of conduct. Appellant was sentenced to death for his convictions for two…

In re Allen - Disbarment
Date: November 5, 2015
Docket Number: 18439
In re Gallas - Disbarment
Date: November 4, 2015
Docket Number: 12619
State v. Luarks  
Date: October 30, 2015
Docket Number: 106643

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of aggravated robbery. The district court sentenced Defendant to 172 months in prison. Defendant appealed, challenging his sentence. The Supreme Court vacated…

In re Williams (Disbarment) video
Date: October 30, 2015
Docket Number: 113929
In re Majors - Disbarment
Date: October 27, 2015
Docket Number: 21526
In re RenKemeyer - One-year suspension video
Date: October 23, 2015
Docket Number: 113367
State v. Moyer  
Date: October 16, 2015
Docket Number: 105183

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated criminal sodomy, aggravated indecent liberties with a child, and three counts of criminal sodomy for the sexual abuse of his daughter. The district court imposed…

In re Betts video
Date: October 16, 2015
Docket Number: 113578
Cresto v. Cresto  
Date: October 9, 2015
Docket Numbers: 108547, 109,059

Justia Opinion Summary: The two children (“Children”) of the Decedent challenged the Decedent’s 2008 last will and testament and inter vivos trust, which changed his 2004 estate plan to leave full ownership of his entire property to his third…

In re Marriage of Stephenson & Papineau  
Date: October 9, 2015
Docket Number: 109121

Justia Opinion Summary: When Gregory Papineau and Jeri Stephenson divorced, Papineau was ordered to pay monthly child support. In 2010, Papineau became disabled and applied for social security disability insurance (SSDI) benefits for himself…

In re Holste video
Date: October 9, 2015
Docket Number: 113970
State v. Tahah  
Date: October 2, 2015
Docket Number: 109857

Justia Opinion Summary: After a second jury trial, Defendant was once again convicted of felony murder and the underlying felony of criminal discharge of a firearm at an occupied dwelling. The Supreme Court affirmed Defendant’s convictions,…

State v. Morrison  
Date: October 2, 2015
Docket Number: 110835

Justia Opinion Summary: After the Prairie Village City Council voted to oust David Scott Morrison from his position on the City Council, the State brought a quo warranto petition requesting that Morrison be removed from office pursuant to Kan.…

State v. Pfannenstiel  
Date: September 25, 2015
Docket Number: 107987

Justia Opinion Summary: After a jury trial, Defendant was found guilty of aggravated sexual battery. The district court sentenced Defendant to thirty-four months’ imprisonment. Defendant appealed, arguing that the district court erred by not…

State v. Kershaw  
Date: September 25, 2015
Docket Number: 109548

Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of aggravated assault of a law enforcement officer committed with a deadly weapon. At trial, Defendant presented evidence showing that he was heavily intoxicated…

In re Long (Order of Reinstatement)
Date: September 24, 2015
Docket Number: 13564
Gannon v. State  
Date: September 21, 2015
Docket Number: 113908

Justia Opinion Summary: In the underlying “school finance” case, Shawnee Mission School District No. 512 (U.S.D. 512) filed a motion to intervene. Plaintiffs opposed U.S.D. 512’s entry into that litigation, and the State did not object. The…

State v. Donaldson  
Date: September 11, 2015
Docket Number: 110270

Justia Opinion Summary: In State v. Ford, the Supreme Court held that a motion to correct an illegal sentence under Kan. Stat. Ann. 22-3504 is not an appropriate vehicle for challenging a conviction based upon an alleged violation of the…

State v. Keel  
Date: August 28, 2015
Docket Number: 106096

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of methamphetamine and possession of drug paraphernalia. The Court of Appeals affirmed Defendant’s convictions. After review was granted by the Supreme Court,…

State v. Warren  
Date: August 28, 2015
Docket Number: 107159

Justia Opinion Summary: After a joint trial with his co-defendant, Defendant was convicted of one count of premeditated first-degree murder and other crimes and sentenced to life with a minimum term of fifty years. The Supreme Court affirmed…

Mashaney v. Bd. of Indigents' Defense Servs.  
Date: August 28, 2015
Docket Number: 108353

Justia Opinion Summary: After a second mistrial, Appellant was convicted of sex-related crimes. The convictions were affirmed on appeal. Appellant later filed a Kan. Stat. Ann. 60-1507 motion alleging ineffective assistance of both trial…

Kansas Bldg. Indus. Workers Comp. Fund v. State  
Date: August 28, 2015
Docket Number: 108607

Justia Opinion Summary: Plaintiffs, who were required to pay fees to a State agency in order to practice their trade or transact business in Kansas, brought suit challenging a 2009 appropriations bill that directed the transfer of moneys into…

State v. Moore  
Date: August 28, 2015
Docket Number: 109480

Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder and other crimes. Defendant was sentenced to life imprisonment with a mandatory term of fifty years for the first-degree murder conviction.…

Kansas City Power & Light Co. v. Strong  
Date: August 28, 2015
Docket Number: 110573

Justia Opinion Summary: In 2012, Kansas City Power & Light Company (KCPL) condemned a power line easement bisected to tracts of land owned by the trusts for Daniel and Evelyn Strong. The jury awarded the Strongs $1,922,559 in compensation for…

State v. Estrada-Vital  
Date: August 21, 2015
Docket Number: 107324

Justia Opinion Summary: Law enforcement officers stopped Defendant’s vehicle for displaying an improper license. An officer had Defendant, the driver, and his passenger exit the vehicle and searched the vehicle, which led to the seizure of a…

In re Depew (Order of Disbarment)
Date: August 17, 2015
Docket Number: 16184
State v. Cordell  
Date: August 14, 2015
Docket Number: 108431

Justia Opinion Summary: Defendant pled guilty to one count of aggravated escape from custody. The district court sentenced Defendant to nineteen months in prison, basing the sentence in part upon Defendant’s criminal history score of A, which…

State v. Tims  
Date: August 14, 2015
Docket Number: 109472

Justia Opinion Summary: In 2012, Defendant was charged with felony driving under the influence (DUI). The charge was based upon a 2002 DUI diversion and a 2004 DUI conviction. Defendant filed a motion to strike the diversion from consideration…

State v. Brownlee  
Date: August 7, 2015
Docket Number: 110262

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder and criminal possession of a firearm. The Supreme Court affirmed the convictions, holding (1) the State violated Defendant’s statutory right…

State v. Ford  
Date: July 31, 2015
Docket Number: 109806

Justia Opinion Summary: In Ford I, a district court presiding over Defendant’s criminal case ordered and received a competency evaluation. There was no record of a subsequent competency hearing, and yet the court did not suspend proceedings…

State v. Murray  
Date: July 31, 2015
Docket Number: 110214

Justia Opinion Summary: In 1983, Defendant was charged with felony murder and aggravated robbery. Prior to trial, the district court ordered and Defendant received a competency evaluation. The record, however, did not reflect that the district…

Dumler v. Kan. Dep’t of Revenue  
Date: July 24, 2015
Docket Number: 106748

Justia Opinion Summary: Robert Dumler was arrested for driving under the influence and transported to the sheriff’s office. On several occasions before a breath alcohol test was administered Dumler requested that he be permitted to confer with…

Cain v. Jacox  
Date: July 24, 2015
Docket Number: 109079

Justia Opinion Summary: The Kansas Department of Social and Rehabilitation Services (SRS) claimed that Father owed $173,654 in child support back payments and was granted an income withholding order in that amount. SRS sought to enforce the…

State v. Thomas  
Date: July 24, 2015
Docket Number: 110585

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated robbery and first-degree murder. The jury could not reach a unanimous decision as to whether the murder was premeditated or committed during the course of the…

State v. Barber  
Date: July 10, 2015
Docket Number: 106911

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated battery and child abuse for shaking or roughly handling his two-month-old daughter. The court of appeals affirmed Defendant’s convictions and sentences. The…

State v. Reed  
Date: July 10, 2015
Docket Number: 107957

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony murder and aggravated assault. The Supreme Court affirmed, holding (1) the Court had jurisdiction to consider Defendant’s appeal; (2) the trial court did…

Ruhland v. Elliott  
Date: July 10, 2015
Docket Number: 108825

Justia Opinion Summary: At issue in this case was the ownership of a 5.5-acre tract of real estate. Keith Elliott at one time deeded away the land to his then-wife’s daughter, Polly Grant, but continued living on the property. After Keith died,…

State v. Swint  
Date: July 2, 2015
Docket Number: 107516

Justia Opinion Summary: After a jury trial, Appellant was convicted of aggravated indecent liberties with a child and attempted aggravated indecent liberties with a child. Appellant was sentenced to life imprisonment without the possibility of…

Fawcett v. Oil Producers, Inc. of Kan.  
Date: July 2, 2015
Docket Number: 108666

Justia Opinion Summary: The lessee-operator of twenty-five oil and gas leases sold its raw natural gas at the wellhead to third parties, who processed the gas before it entered the interstate pipeline system. The price the operator was paid,…

In re Bezek - (Disbarment)
Date: June 30, 2015
Docket Number: 12691
State v. Quested  
Date: June 26, 2015
Docket Number: 106805

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty in Saline County District Court to nonresidential burglary, possession of stolen marijuana, and possession of stolen property. The district court judge ordered that…

State v. Bollinger  
Date: June 26, 2015
Docket Number: 110945

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder, aggravated arson, and aggravated child endangerment. The Supreme Court affirmed the convictions, holding (1) the State presented sufficient evidence to…

State v. Bolze-Sann  
Date: June 19, 2015
Docket Number: 105297

Justia Opinion Summary: An infant died from respiratory failure after becoming trapped between the mattress and footboard of an adult bed at the home of Defendant, his daycare provider. After a jury trial, Defendant was convicted of involuntary…

State v. Reed  
Date: June 19, 2015
Docket Number: 106807

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted first-degree murder. The court of appeals affirmed. Both the State and Defendant appealed. The Supreme Court affirmed Defendant conviction but vacated his…

State v. Horn  
Date: June 19, 2015
Docket Number: 110962

Justia Opinion Summary: Defendant pleaded guilty to two counts of felony murder based on the deaths of his girlfriend and his girlfriend’s two-year-old niece. At the plea hearing, Defendant admitted he intentionally set fire to an apartment,…

State v. Cheeks  
Date: June 19, 2015
Docket Number: 111279

Justia Opinion Summary: In 1993, Defendant was convicted of the second-degree murder of his wife. Defendant received a sentence of fifteen years to life imprisonment. In 2009, Defendant filed a pro se petition for postconviction DNA testing…

State v. Jones  
Date: June 12, 2015
Docket Number: 104516

Justia Opinion Summary: Defendant pleaded guilty to aggravated robbery. The plea agreement obligated the State to join in Defendant’s request for a downward dispositional departure to probation. After a hearing, the sentencing judge denied…

State v. Sisson  
Date: June 12, 2015
Docket Number: 106580

Justia Opinion Summary: After a jury trial, Defendant was found guilty of possession of marijuana, possession of drug paraphernalia, possession of cocaine, and fleeing and eluding a police officer while committing five or more moving…

Rodriguez v. United Sch. Dist. No. 500  
Date: June 12, 2015
Docket Number: 107174

Justia Opinion Summary: Tenth-grader Jesus Rodriguez was injured while traveling to a soccer match in the bed of a pickup truck driven by a fellow student and teammate. Mutual of Omaha Insurance Company had issued a policy to the Kansas State…

In re Barker video
Date: June 12, 2015
Docket Number: 112967
In re Cline video
Date: June 12, 2015
Docket Number: 113191
In re Ehrlich video
Date: June 12, 2015
Docket Number: 113200
In re Rankin video
Date: June 12, 2015
Docket Number: 113235
State v. Dull  
Date: June 5, 2015
Docket Number: 106437

Justia Opinion Summary: This appeal concerned two unrelated cases. In the first case, Defendant pleaded guilty to burglary and misdemeanor theft. Defendant was eighteen years old when the crimes were committed. In the second case, Defendant…

Wiles v. Am. Family Life Assurance Co.  
Date: June 5, 2015
Docket Number: 106661

Justia Opinion Summary: Plaintiff was injured from an automobile accident. A hospital toxicology report indicated that Plaintiff had a blood alcohol concentration of .25 two hours after the accident. Plaintiff submitted a claim to American…

State v. Rodriguez  
Date: June 5, 2015
Docket Number: 106731

Justia Opinion Summary: After a jury trial, Defendant was convicted of rape, aggravated sodomy, and criminal restraint. The court of appeals reversed Defendant’s criminal restraint conviction as multiplicitous with his rape conviction but…

Peterson v. Ferrell  
Date: June 5, 2015
Docket Number: 107359

Justia Opinion Summary: Some of Plaintiffs’ cattle grazed on Defendants’ ranch. Plaintiffs sued Defendant alleging that Defendant breached numerous grazing contracts while Plaintiffs’ cattle were supposed to be calving, fattening, and breeding…

State v. Godfrey  
Date: May 29, 2015
Docket Number: 109086

Justia Opinion Summary: Defendant pled guilty to first-degree felony murder and aggravated battery. The plea agreement contained a provision stating that the parties agreed to recommend that Defendant serve his sentence at Larned State…

State v. Hilton  
Date: May 22, 2015
Docket Number: 102256

Justia Opinion Summary: Defendant received two consecutive twelve-month probation terms. As a result of a violation that occurred during the first twelve months, the district court revoked both of Defendant’s probation terms. The Court of…

Univ. of Kan. Hosp. Auth. v. Bd. of County Comm'rs  
Date: May 22, 2015
Docket Number: 108391

Justia Opinion Summary: The Kansas Highway Patrol (KHP) arrested an indigent criminal offender. The offender sustained injuries during the arrest and was driven to the emergency room at Kansas University Medical Center, where he received…

City of Atwood v. Pianalto  
Date: May 22, 2015
Docket Number: 109796

Justia Opinion Summary: Defendant was convicted of driving while under the influence of alcohol and speeding. Defendant appealed both convictions and sought a trial de novo in district court, arguing that the evidence was the product of an…

State v. Dickey  
Date: May 22, 2015
Docket Number: 110245

Justia Opinion Summary: Defendant pled guilty to felony theft. The district court sentenced Defendant to sixteen months in prison after classifying Defendant’s prior 1992 in-state juvenile adjudication for burglary as a person felony, resulting…

State v. Funk  
Date: May 15, 2015
Docket Number: 107422

Justia Opinion Summary: Pursuant to a plea agreement, Appellant pleaded guilty to one count of attempted indecent solicitation of a child. The district court sentenced Appellant to eighteen months’ probation, with an underlying ten-month prison…

State v. Aguirre  
Date: May 15, 2015
Docket Number: 108570

Justia Opinion Summary: After a jury trial, Defendant was convicted of capital murder based on his premeditated intentional killing of his ex-girlfriend and their one-year-old son. Defendant appealed, arguing that the trial court erred in…

State v. Soto  
Date: May 15, 2015
Docket Number: 109374

Justia Opinion Summary: After a jury trial, Defendant was convicted of aiding and abetting first-degree premeditated murder, possession of cocaine with intent to distribute, and possession of marijuana. The Supreme Court affirmed, holding (1)…

State v. James  
Date: May 8, 2015
Docket Number: 106083

Justia Opinion Summary: Defendant was convicted of possession of marijuana with the intent to distribute and related offenses. On appeal, Defendant argued that the warrantless search of his cell phone conducted as a search incident to arrest…

Neighbor v. Westar Energy, Inc.  
Date: May 8, 2015
Docket Number: 111972

Justia Opinion Summary: In this eminent domain proceeding, the district court granted an easement over real estate owned by Plaintiff and appointed three appraisers to determine Plaintiff’s compensation for the taking. Plaintiff timely filed…

In re Care & Treatment of Thomas  
Date: May 1, 2015
Docket Number: 108563

Justia Opinion Summary: In 1996, Kodi Thomas was convicted of attempted rape and aggravated burglary. A civil jury later declared Thomas to be a sexually violent predator under the Kansas Sexually Violent Predator Act subject to civil…

State v. Woods  
Date: May 1, 2015
Docket Number: 108998

Justia Opinion Summary: After a jury trial, Defendant was convicted and sentenced for first-degree premeditated murder. The Supreme Court affirmed, holding that the district court did not err by (1) concluding that Defendant was competent to…

In re Jarvis video
Date: May 1, 2015
Docket Number: 112511
Stueckemann v. City of Basehor  
Date: April 24, 2015
Docket Number: 105457

Justia Opinion Summary: In 2008, the City of Basehor initiated a unilateral annexation of Cedar Lake Estates (Estates), a platted subdivision adjoining the City. Trustees of the Stueckemann Living Trust and the Cedar Lake Association…

Siruta v. Siruta  
Date: April 24, 2015
Docket Number: 105698

Justia Opinion Summary: A seven-year-old child was killed in a one-car rollover crash. The child’s parents had periodically traded driving duties during the trip, and Mother was driving when the accident occurred. Father brought a wrongful…

In re E.J.D.  
Date: April 24, 2015
Docket Numbers: 108876, 108,877

Justia Opinion Summary: In 2009, E.J.D. entered a plea of no contest to battery on juvenile detention officers. The court determined that the proceedings should be designated as an extended-jurisdiction juvenile prosecution and sentenced E.J.D.…

State v. Vrabel  
Date: April 24, 2015
Docket Number: 108930

Justia Opinion Summary: Law enforcement officers employed by the City of Prairie Village set up a controlled drug buy from Defendant to occur in the City of Leawood. As a result of the controlled buy, the State charged Defendant with felony…

State v. McClelland  
Date: April 24, 2015
Docket Number: 109044

Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony murder, three counts of attempted aggravated robbery, and one count of aggravated burglary. The district court imposed a life sentence for the felony-murder…

State v. Alcala  
Date: April 24, 2015
Docket Numbers: 111006, 111,895

Justia Opinion Summary: Defendant pleaded guilty to first-degree premeditated murder for killing his estranged wife. The district court sentenced Defendant to life imprisonment without parole for twenty-five years, ordered Defendant not to have…

State v. Overman  
Date: April 17, 2015
Docket Number: 105504

Justia Opinion Summary: After a jury trial, Defendant was convicted of six drug offenses. The court of appeals affirmed in part and reversed in part, resulting in a reversal of one of Defendant’s convictions and the vacating of one of his…

State v. Knox  
Date: April 10, 2015
Docket Number: 104266

Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder. The Supreme Court affirmed, holding (1) Defendant was not entitled to an instruction on self-defense; (2) the district court did not commit…

Netahla v. Netahla  
Date: April 10, 2015
Docket Number: 109297

Justia Opinion Summary: In 1969, Grantors and an oil company entered into a continuing oil and gas lease covering Grantors’ property. Less than seven months later, Grantors entered into a mineral deed with Grantee covering the same property.…

State v. Hudgins  
Date: April 3, 2015
Docket Number: 108599

Justia Opinion Summary: While fleeing the police during a high-speed chase, Defendant collided with another vehicle, killing both occupants. After a jury trial, Defendant was convicted of two counts of first-degree felony murder and one count…

Matson v. Kan. Dep’t of Corr.  
Date: April 3, 2015
Docket Number: 108992

Justia Opinion Summary: Plaintiff, an inmate in the custody of the Kansas Department of Corrections (DOC), took advantage of a statutorily created inmate trust fund to place money in the custody of the DOC for his use while serving his…

In re Kepfield video
Date: April 3, 2015
Docket Number: 112897
In re Rumsey
Date: March 31, 2015
Docket Number: 112923
Drouhard-Nordhus v. Rosenquist  
Date: March 27, 2015
Docket Number: 108859

Justia Opinion Summary: The decedent in this case died from an acute intra-abdominal bleed from a hematoma with adjacent tissue damage. The day before his death, the decedent visited an emergency department, where CT scans of the decedent’s…

State v. Salary  
Date: March 13, 2015
Docket Number: 104181

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder and arson. The district court imposed a hard fifty life sentence after finding that Defendant committed the murder in an especially heinous,…

Wahl v. State  
Date: March 13, 2015
Docket Number: 107934

Justia Opinion Summary: Defendant pled guilty to one count of first-degree murder. Just over one year later, the clerk of the district court received a pro se motion for postconviction relief pursuant to Kan. Stat. Ann. 60-1507, in which…

State v. Talkington  
Date: March 6, 2015
Docket Number: 107596

Justia Opinion Summary: Defendant was visiting the home of a long-time acquaintance when police officers arrived. One of the officers walked to the backyard of the property and found a baggie of methamphetamine on the ground. Defendant was…

State v. Longoria  
Date: March 6, 2015
Docket Number: 108333

Justia Opinion Summary: After a jury trial, Defendant was convicted of capital murder, vehicle burglary, and theft. The Supreme Court affirmed, holding (1) the trial court did not err when it denied Defendant’s motion for change of venue; (2)…

State v. Sellers  
Date: March 6, 2015
Docket Number: 109080

Justia Opinion Summary: After a jury trial in this Jessica’s Law case, Defendant was convicted of two counts of aggravated indecent liberties with a child. Following his direct appeal, Defendant filed a motion to arrest judgment pursuant to…

State v. Moncla  
Date: March 6, 2015
Docket Number: 110549

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The district judge imposed a hard forty life sentence. By way of a journal entry five months later, the district judge set amounts for restitution and…

State v. Parker  
Date: March 6, 2015
Docket Number: 111044

Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony murder and criminal discharge of a firearm at an occupied building. During trial, the jury received instructions on second-degree unintentional murder and…

In re Clothier (Three-year probation) video
Date: March 6, 2015
Docket Number: 112658
In re Brooks
Date: March 2, 2015
Docket Number: 14490
Merryfield v. Sullivan  
Date: February 27, 2015
Docket Numbers: 110662, 110663

Justia Opinion Summary: Petitioners were residents of a state hospital and involuntary participants in the Kansas Sexual Predator Treatment program at the hospital. Petitioners filed petitions for habeas corpus relief challenging the Program’s…

State v. Wilson  
Date: February 27, 2015
Docket Number: 111328

Justia Opinion Summary: Defendant pleaded guilty to one count of first-degree murder, two counts of attempted first-degree premeditated murder, and two counts of aggravated battery. Defendant was sentenced to a hard twenty-five life sentence…

State v. Noyce  
Date: February 27, 2015
Docket Number: 111660

Justia Opinion Summary: Defendant pleaded guilty to aggravated arson, premeditated first-degree murder, and capital murder. The convictions stemmed from Defendant’s act of setting fire to a residence, which killed two people. Defendant was…

In re Henderson  
Date: February 27, 2015
Docket Number: 112056

Justia Opinion Summary: In this original disciplinary proceeding against district judge Timothy H. Henderson (Respondent), the Kansas Commission on Judicial Qualifications filed a formal complaint against Respondent, alleging three counts of…

In re Thompson video
Date: February 27, 2015
Docket Number: 112569
In re Rumsey video
Date: February 27, 2015
Docket Number: 112923
State v. Jolly  
Date: February 20, 2015
Docket Number: 106680

Justia Opinion Summary: Defendant pleaded guilty to one count of rape of a child less than fourteen years of age. The sentencing judge found substantial and compelling reasons to grant Defendant’s motion for a departure from a Jessica’s Law…

State v. Brammer  
Date: February 20, 2015
Docket Number: 106696

Justia Opinion Summary: Defendant was convicted of involuntary manslaughter while driving under the influence of alcohol (DUI). Defendant appealed, arguing (1) the jury was instructed on alternative means without sufficient evidence as to each…

State v. Lewis  
Date: February 20, 2015
Docket Number: 108310

Justia Opinion Summary: After a bench trial, Defendant was convicted of felony murder and aggravated robbery. The Supreme Court affirmed the convictions, holding (1) there was sufficient evidence to convict Defendant of both felony murder and…

In re Estate of Butler  
Date: February 20, 2015
Docket Number: 108747

Justia Opinion Summary: Kenneth Butler was employed with Colgate-Palmolive Company at the time he died intestate in October 2006. In 2007, Kenneth’s son and sole heir, Franklin Burch, as administrator of Kenneth’s estate, petitioned for a…

State v. Betancourt  
Date: February 13, 2015
Docket Number: 108944

Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder and criminal discharge of a firearm at an occupied building. The Supreme Court affirmed Defendant’s convictions and sentences, holding (1)…

City of Wichita v. Molitor  
Date: January 30, 2015
Docket Number: 104940

Justia Opinion Summary: A law enforcement officer, while working on a saturation patrol, stopped a vehicle driven by Defendant and conducted a DUI investigation. Defendant failed the horizontal gaze nystagmus (HGN) test but passed the…

Becker v. Knoll  
Date: January 30, 2015
Docket Number: 105643

Justia Opinion Summary: Shareholders in a Kansas irrigation corporation brought an action against the president of the corporation, alleging breach of a fiduciary duty and seeking removal of the president as an officer and director. The…

Kaelter v. Sokol  
Date: January 23, 2015
Docket Number: 107401

Justia Opinion Summary: Plaintiff sued Defendant, seeking determinations related to paternity and custody and an equitable distribution of the parties’ jointly acquired assets. The district court referred the matter to a special master. The…

State v. Hobbs  
Date: January 16, 2015
Docket Number: 107667

Justia Opinion Summary: After being escorted outside a bar, Defendant was involved in a fight with Scott Nienke. Defendant punched Nienke, and Nienke fell backwards and down to the ground, hitting his head on the bumper of a car. Nienke…

State v. Killings  
Date: January 16, 2015
Docket Number: 108021

Justia Opinion Summary: After a jury trial, Defendant was found guilty of premeditated first-degree murder and sentenced to life in prison without the possibility of parole for fifty years. The Supreme Court affirmed Defendant’s conviction,…

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