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Elliott, J.:
Paul and Susan Smith appeal the trial court’s finding they failed to prove damages at trial. Defendant Ann Stephens cross-appeals the trial court’s finding that she committed fraud.
We affirm.
The Smiths purchased Stephens’ liquor business and assumed the business’ lease obligation. The Smiths later discov... | [
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Elliott, J.:
Respondent Unified School District No. 229 and its insurance carrier, the Kansas Association of School Boards, appeal an order dismissing the Workers Compensation Fund from this workers compensation case.
We affirm.
Claimant alleged she was injured in the course of her employment in September 1994. The Fun... | [
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Green, J.:
Eduardo Rodriquez-Garcia appeals from his convictions for attempted second-degree murder, aggravated burglary, attempted theft, and criminal damage to property. On appeal, Rodriquez-Garcia contends: (1) that the trial court erred in denying his motion for a mistrial based upon the prosecutor’s improper comme... | [
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Green, J.:
Scott W. Guy appeals from a summaiy judgment granted in favor of the Kansas Department of Social and Rehabilitation Services (SRS). SRS sued Scott, seeking reimbursement in the amount of $17,521.04 for medical assistance furnished to his minor son, Kyle Guy. On appeal, Scott contends that the trial court err... | [
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Brazil, C.J.:
Galen J. Burrows appeals from the sentencing court’s order of incarceration, claiming abuse of discretion when the sentencing court ruled that the presumption of probation was lost because defendant committed his current offenses while under custody supervision, as an escapee, for a felony offense. We dis... | [
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Knudson, J.:
Raymond J. Rother appeals the district court’s order requiring him to pay as court costs the witness fee charged by the State’s expert to testify at trial. He does not challenge the reasonableness of the fee. We affirm.
At Rother’s probation revocation hearing, the State called an expert witness from a tes... | [
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Rulon, J.:
This is a will contest case. Claimant Richard O’Neill II appeals the district court’s interpretation of a residuary clause. The executor of the estate and the remaining residuary legatees, respondents, cross-appeal the court’s denial of attorney fees under K.S.A. 60-211 and K.S.A. 60-2007. We affirm.
The mat... | [
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Green, J.:
Denise Johnson appeals a trial court judgment in favor of her landlord, Sunflower Park Apartments (Sunflower), for rents owed. Johnson argues that her Section 8 status, a HUD/ Housing Authority contract with Sunflower, and federal law preclude her liability for additional rents. We agree. Accordingly, we rev... | [
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Chipman, J.:
Eaton Corporation (Eaton) appeals the finding of the Workers Compensation Board that Patsy A. Tharp suffered a 73 percent permanent partial whole body work disability as a result of unrelated injuries that she suffered to both her back and arms. The only issue raised on appeal is as to whether the Administ... | [
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Green, J.:
This mortgage foreclosure action involves a dispute over the lien priorities between the first and second mortgage holders. George M. Parsons and Linda M. Parsons were holders of two promissory notes relating to two loans that they made to Biseayne Valley Investors Limited, L.P. (Biseayne Valley). Each promi... | [
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Elliott, J.:
Henry Glenn Kirkland appeals the determination of his criminal history score, challenging the inclusion of a prior juvenile adjudication for burglary in his criminal history and the classification of that adjudication as a person felony.
We affirm.
Defendant pled no contest to severity level 5 aggravated b... | [
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Prager, C.J.:
This is an action to recover damages for breach of contract brought by Bob Lisbon, d/b/a Lisbon Associates (Lisbon), against Heatcraft, Inc., d/b/a Advanced Distributor Products (Heatcraft). Heatcraft appeals from the damage award entered in favor of Lisbon after a jury trial. Heatcraft contends the trial... | [
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Miller, J..
On September 16, 1993, appellant Jason M. Lucas pled guilty to two counts of indecent liberties with a child, violations of K.S.A. 1992 Supp. 21-3503. In November of that year, the trial court suspended imposition of sentence for 5 years with certain conditions imposed. Two of the conditions were that appel... | [
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Lewis, J.;
The plaintiff appeals from a ruling by the trial court that her fraud and medical malpractice causes of action against the defendant were barred by the statute of limitations. The trial court’s ruling was accompanied by the realization of all concerned that this case required the attention of the appellate c... | [
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Marquardt, J.:
The State charged Bridget Pope with intentional second-degree murder or unintentional but reckless second-degree murder in the death of 16-year-old Tracy L. Horyna. A jury found Pope guilty of intentional second-degree murder, and the district court sentenced Pope to 141 months in prison. Pope appeals bo... | [
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Brazil, C.J.:
Louis E. Bruce, the Warden of the Ellsworth Correctional Facility (ECF), appeals the district court’s decision to grant habeas corpus relief to petitioner Melvin White. The court held that White should receive credit against his postrelease supervision for time he spent incarcerated on another charge prio... | [
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Knudson, J.:
Edward Ramirez is in the custody of the Secretary of Corrections at the Norton Correctional Facility. Subsequent to an altercation between Ramirez and another inmate, Ramirez was found guilty of disruptive behavior, a class II disciplinaiy violation under K.A.R. 44-12-318. Ramirez was sentenced to 30 days’... | [
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Knudson, J.:
Fred Dice, d/b/a Woodtek Termite and Pest Control (Woodtek), appeals from a jury verdict awarding monetary damages resulting from a negligent termite inspection of the residence of Jon and Jean McBride.
After entering into a contract to purchase a home, the McBrides hired Woodtek to inspect the property fo... | [
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Smith, J.:
Appellant Ralph D. Heck appeals an order of the district court granting summary judgment in favor of the defendant, Deborah J. Archer. We affirm in part, reverse in part, and remand for trial on the remaining issues.
This interlocutory appeal involves payable-on-death (POD) accounts owned by Ralph H. Heck, n... | [
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PlERRON, J.:
Michael G. Nance appeals from an order of the Workers Compensation Board (Board) denying his request for review and modification pursuant to K.S.A. 44-528 and finding he failed to prove by a preponderance of the evidence that his worsened condition was related to his industrial injury of April 20,1990. We ... | [
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Brazil, J.:
Max Hundley appeals the district court’s denial of his petition for writ of habeas corpus pursuant to K.S.A. 60-1501. We affirm.
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The opinion of the court was delivered by
Luckert, J.:
After considering Marlin Williams’ appeal from a jury conviction for aggravated trafficking in violation of K.S.A. 21-3447(a)(2), the Court of Appeals, in State v. Williams, 46 Kan. App. 2d 36, 257 P.3d 849 (2011), upheld the constitutionality of K.S.A. 21-3447(a)(... | [
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The opinion of the court was delivered by
Per Curiam:
After the State charged James L. Simpson with aggravated indecent liberties with a child and aggravated child endangerment, Simpson requested a psychiatric evaluation of the complaining child witness. Although the district court ordered the evaluation, the child’s m... | [
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The opinion of the court was delivered by
Luckert, J.:
Scott Michael Mosher appeals his sentences, arguing the sentencing judge abused his discretion by not following the parties’ recommendation that his sentences for felony murder and conspiracy to commit first-degree murder be served concurrently. We reject his argum... | [
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The opinion of the court was delivered by
Nuss, C.J.:
Rusty Sievers contends the district court and Court of Appeals both erred in refusing to dismiss the charges against him for violation of his statutory right to a speedy criminal trial.
Finding no violation, we affirm.
Facts and Procedural History
The State charged ... | [
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The opinion of the court was delivered by
Rosen, J.:
Shawn Alderson, who is serving a life sentence for first-degree murder, appeals from the summary denial of his motion for release from a restitution order.
The underlying facts of Alderson’s convictions are set out in State v. Alderson, 260 Kan. 445, 922 P.2d 435 (19... | [
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The opinion of the court was delivered by
BILES, J.:
Francis Smith directly appeals his convictions of four sex offenses. The charges stem from an incident during which Smith touched two girls, who were 13 and 15 years old, while photographing them in provocative poses wearing two-piece, bikini-style bathing suits. Smi... | [
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Per Curiam:
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Kevin E. Dellett, of Overland Park, an attorney admitted to the practice of law in Kansas in 1995.
On September 20, 2012, the office of the Disciplinaiy Administrator filed a formal com... | [
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-5,
-8,
-43,
-68,
111,
-25,
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-80,
-62,
-43,
-58,
-53,
-45,
92,
-86,
3,
-117,
-12,
91,
0,
-72,
... |
The opinion of the court was delivered by
Nuss, C.J.:
Damon Vontress contends the district court and Court of Appeals both erred in denying his motion for habeas relief as untimely under K.S.A. 60-1507(1). While admitting his motion was untimely filed after the 1-year limit in K.S.A. 60-1507(f)(l), Vontress argues the ... | [
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74,
45,
92,
-114,
2,
-120,
-64,
-64,
2,
52,
115,
90,
... |
The opinión of the court was delivered by
Luckert, J.:
In a proceeding under the Eminent Domain Procedure Act, K.S.A. 2013 Supp. 26-501 et seq., it is well established that an owner of the subject property may testily as to his or her opinion regarding the property’s fair market value. Nevertheless, in Manhattan Ice & ... | [
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-62,
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-61,
80,
-114,
-122,
-102,
66,
-37,
96,
-76,
... |
The opinion of the court was delivered by
Nuss, C.J.:
Rex Reiss contends the district court and Court of Appeals both erred in refusing to suppress evidence from a traffic stop that led to his conviction for driving under the influence of alcohol. Reiss asserts he was unlawfully seized, tainting tire evidence and requi... | [
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4,
-95,
-5,
80,
88,
36,
42,
... |
BEIER, J.;
Claimant David Williams petitioned this court for review of the Court of Appeals decision reversing his Workers Compensation Board award. Because the evidence on whether Williams was at work or leaving work at the time of his injuiy was not amenable to only one factual finding, the Court of Appeals erred by ... | [
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40,
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52,
... |
The opinion of the court was delivered by
Moritz, J.:
Virgil Bradford appeals the district court’s denial of his motion to correct an illegal sentence in which he asserted his convictions were multiplicitous. We affirm that denial based on well-established caselaw that precludes raising a multiplicity challenge in a mo... | [
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7,
40,
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81,
0,
60,
107,
9... |
The opinion of the court was delivered by
Biles, J.:
Jimmy Murdock argues the district court erroneously calculated his criminal history score during a sentencing proceeding by treating two prior out-of-state convictions from 1984 and 1990 as person crimes instead of nonperson crimes. The issue is rare because these pr... | [
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-40,
82,
8,
60,
110,
15... |
The opinion of the court was delivered by
Moritz, J.:
In State v. Astorga, 295 Kan. 339, 284 P.3d 279 (2012), this court affirmed Matthew Astorga’s jury conviction of first-degree premeditated murder and his sentence of life in prison with no possibility of parole for 50 years (hard 50). In that decision, we relied on ... | [
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66,
8,
48,
103,
... |
The opinion of the court was delivered by
Luckert, J.:
Drake Andrew Kettler, Jr., appeals his convictions for the premeditated first-degree murder of James Earl Dyer, Jr.; conspiracy to commit first-degree murder; and criminal possession of a firearm. Kettler raises four issues: (1) The State’s exercise of peremptory c... | [
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-22,
-31,
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-120,
-103,
-32,
-45,
-48,
48,
12... |
The opinion of the court was delivered by
JOHNSON, J.:
Kevin L. Brown sought revenge against Otis Bol-den for perceived sexual transgressions against his girlfriend, Ja-lessa Bonner, and her friend, Kiara Williams. After enlisting the help of his cousin, Quartez Brown (hereafter Quartez), the two men proceeded to Bolde... | [
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69,
70,
10,
101,
-44,
-126,
5,
-24,
-44,
-41,
67,
52,
106,
9... |
The opinion of the court was delivered by
Nuss, C.J.;
Cheron T. Johnson appeals the district court’s summary denial of his motion for postconviction DNA testing under K.S.A. 21-2512. But Johnson does not deny his involvement in the crimes for which he was convicted. So test results could not produce exculpatory evidenc... | [
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10,
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21,
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112,
82,
80,
48,
35... |
The opinion of the court was delivered by
Beier, J.:
Defendant Edward D. Laurel appeals from his convictions and sentences for first-degree murder and criminal discharge of a firearm at an occupied building. He challenges the district court judge’s denial of his motion for new trial and his sentence to life without par... | [
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80,
32,
58,
... |
The opinion of the court was delivered by
Beier, J.:
Defendant Loviss Todd appeals his jury convictions and sentence on charges of felony murder, aggravated robbery, aggravated battery, and aggravated assault. Todd raises seven issues: (1) failure to provide a cautionary jury instruction on accomplice testimony; (2) er... | [
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101,
92,
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114,
80,
-62,
32,
62... |
The opinion of the court was delivered by
Moritz, J.:
We granted the State’s petition for review of the Court of Appeals’ decision in State v. Flynn, 45 Kan. App. 2d 1113, 257 P.3d 1259 (2011). There, the panel majority reversed Ira Flynn’s rape conviction and remanded for a new trial after concluding the district cour... | [
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-64,
-47,
2,
44,
54,... |
The opinion of the court was delivered by
Beier, J.:
Defendant Nathaniel Kenney appeals from denial of his presentencing pro se motion to withdraw his no contest plea to one count of aggravated kidnapping and one count of aggravated robbeiy.
On appeal to the Court of Appeals, Kenney argued that the district judge had d... | [
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0,
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-22,
-64,
-120,
40,
3,
... |
The opinion of the court was delivered by
Johnson, J.:
After stopping Robert Stevenson’s sport utility vehicle based upon a turn signal violation, law enforcement officers searched the vehicle because they observed a very strong odor of alcohol emanating from inside the vehicle after Stevenson, the lone occupant, had e... | [
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88,
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4,
56,
113,
80,
26,
-92,
58,... |
The opinion of the court was delivered by
Luckert, J.:
A jury convicted Antonio Jermaine Armstrong of one count of premeditated first-degree murder and one count of criminal possession of a firearm. On appeal, Armstrong raises six issues.
In addressing those issues, we first hold that Armstrong was not denied a fair tr... | [
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65,
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6,
52,
126,... |
The opinion of the court was delivered by
Biles, J.:
This appeal concerns a consecutive sentence ordered after an appellate remand in a multiple-conviction case. See State v. Morningstar, 289 Kan. 488, 495, 213 P.3d 1045 (2009) (Morningstar I). The Court of Appeals dismissed the appeal because it determined it was with... | [
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103... |
The opinion of the court was delivered by
Moritz, J.:
Following his guilty plea, Joaquin DeAnda was convicted of first-degree premeditated murder and sentenced to life without the possibility of parole for 50 years (hard 50). In this direct appeal of his sentence, DeAnda asserts the district court erred in admitting he... | [
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31,
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19,
2,
48,
46,... |
The opinion of the court was delivered by
Rosen, J.:
Alejandro E. Betancourt, Jr., appeals from his conviction of first-degree murder and criminal discharge of a firearm at an occupied building. Finding no reversible error, we affirm.
In May 2010, Daniel Betancourt was involved in an altercation at an apartment buildin... | [
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67,
36,
62,
... |
The opinion of the court was delivered by
Biles, J.:
This is an expedited appeal from a child in need of care (CINC) proceeding under the Revised Kansas Code for Care of Children (Revised Code), K.S.A. 2012 Supp. 38-2201 et seq. The lower courts reached different outcomes on the law and evidence. The threshold question... | [
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Green, J.:
Jesus Marino was convicted of one count of aggravated battery and one count of conspiracy to commit aggravated battery. On appeal, the defendant contends that his conviction for conspiracy to commit aggravated battery should be reversed because the State failed to allege a specific overt act in the complaint... | [
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... |
Buser, J.:
Michael Campbell appeals the district court’s denial of his K.S.A. 60-1507 motion. Campbell contends that counsel appointed for the nonevidentiary hearing was ineffective, and that the district court improperly denied him an evidentiary hearing and failed to provide findings of fact and conclusions of law as... | [
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32,
1... |
Arnold-Burger, J.:
Tony Jay Meyer sexually assaulted his foster sister and pled no contest to two charges stemming from that assault. As part of a plea agreement, the State promised to depart to the sentencing grid and recommend mitigated consecutive sentences. Instead, the State admittedly breached the plea agreement ... | [
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1... |
Per Curiam:
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Michael Peloquin, of Wichita, an attorney admitted to the practice of law in Kansas in 2000.
On August 26, 2013, the office of the Disciplinary Administrator filed a formal complaint ag... | [
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Knudson, J.:
The respondent, Kenneth R. Johnson, Inc., and its insurance carrier, General Casualty (hereinafter collectively “Johnson”), appeal from the final order of Kansas Workers Compensation Board (Board), contending the injuries of Chad D. Ridnour, claimant, did not arise out of and in the course of his employmen... | [
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Hill, J.:
In this case Patrick C. Neal punched his rape victim in the face several times. As a result, he was convicted of aggravated battery as well as rape. He now seeks to overturn the aggravated battery conviction. Because a single offense may not be divided into separate parts and the striking of the victim here o... | [
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Gardner, J.:
On October 24, 2000, a jury determined Cecil Emerson was a sexually violent predator. His appointed counsel filed a timely notice of appeal but failed to file a brief, thus Emerson’s appeal was dismissed. Nearly 12 years later, the district court granted Emerson’s motion to file a direct appeal out of time... | [
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-3... |
Powell, J.:
This dispute involves the efforts of the asset manager for the owner of an apartment complex to terminate the services of the property manager for that apartment complex. Curo Enterprises, LLC (Curo), the asset manager, brought an action in Johnson County District Court to remove Dunes Residential Services,... | [
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The opinion of the court was delivered by
Biles, J.:
David Noyce appeals the district court’s summaiy denial of his pro se motion to correct an illegal sentence under K.S.A. 22-3504. He challenges his murder conviction as multiplicitous and for the first time on appeal argues his sentence is unconstitutional under Alle... | [
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Denied.
Unpublished | [
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Denied.
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The opinion of the court was delivered by
Johnson, J.:
In 1987, prior to the enactment of the Kansas Sentencing Guidelines Act (KSGA), Kohler Z. Jeffries pled no contest to felony murder and one count of aggravated robbery, pled guilty to three counts of aggravated robbery, and was convicted of felony murder and multip... | [
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Malone, J.:
Juanel Delon Locke appeals the district court’s denial of his motion to withdraw his plea. Because tire district court applied the wrong standard in considering Locke’s motion, we reverse and remand for a proper determination of the motion.
The State charged Locke with aggravated burglary, aggravated intimi... | [
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The opinion of the court was delivered by
Beier, J.:
This is an appeal arising from defendant Jerry Sellers’ “Motion to Arrest Judgment Pursuant to K.S.A. 22-3503.” Sellers argued that the charging document in his Jessica’s Law case failed to include the essential element that he was age 18 or older at the time of the ... | [
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Goering, J.:
This case pertains to whether the City of Topeka (City) is required to pay relocation benefits pursuant to K.S.A. 2015 Supp. 26-518 to two former tenants of properties purchased from their landlord by the City in connection with a drainage project. The district court entered summary judgment in favor of th... | [
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Leben, J.:
John M. Denman Oil Company has appealed a Kansas Corporation Commission (KCC) order that Denman Oil must plug 41 abandoned oil wells. Denman Oil contends that only one party may be held legally responsible for the wells under K.S.A. 55-179 and that since another party took over the mineral lease from Denman ... | [
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The opinion of the court was delivered by
Johnson, J.:
A law enforcement officer participating in a saturation patrol near a Wichita bar stopped a vehicle driven by William J. Molitor and subsequently conducted a driving under the influence (DUI) investigation. After Molitor failed the horizontal gaze nystagmus (HGN) t... | [
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Marquardt, J.:
Chris A. Sumner, deceased, through his surviving wife (Claimant), appeals the denial of an award by the Workers Compensation Board (Board). We reverse.
On September 30, 2002, Sumner, a truck driver for Meier s Ready Mix (Meier’s), died as a result of a one-vehicle accident. Although Sumner was driving a ... | [
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MALONE, J.:
The State appeals the trial court’s order dismissing the charge of aggravated battery against Robert Coppage, Jr. This case arose from a domestic violence report involving Coppage and his girlfriend, T.S. The trial court dismissed the charge prior to the completion of the State’s evidence because at trial T... | [
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Atcheson, J:
The doctrine of law of the case prevents a party from serially litigating an issue already presented and decided on appeal in the same proceeding. The doctrine promotes judicial efficiency while allowing litigants a full and fair opportunity to present their arguments on a point—the first bite of tire prov... | [
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Granted.
47 Kan. App. 2d 703 | [
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The opinion of the court was delivered by
Johnson, J.:
Betty Born (Betty), in her capacity as a trustee of the inter vivos, revocable trust created with her late husband, John H. Bom, Jr. (John), hereafter referred to as “the Born Trust,” brought this injunctive and declaratory judgment action against Sharon Bom (Sharo... | [
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The opinion of the court was delivered by
Rosen, J.:
Michael Staten was convicted by a jury of one count of aggravated battery. The Court of Appeals affirmed his conviction, and we granted review.
Facts
Staten and Yvonne Williamson shared an apartment in Wyan-dotte County. In the early morning of July 22, 2011, the two... | [
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The opinion of die court was delivered by
Luckert, J.;
Reginald Dupree appeals his convictions for felony murder, kidnapping, aggravated burglary, aggravated robbery, two counts of aggravated endangering a child, and aggravated assault. On appeal, Dupree raises a total of eight arguments, which can be generally categor... | [
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Denied.
Unpublished | [
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The opinion of the court was delivered by
Schroeder, C.J.:
This is a direct appeal from the concurrent sentences imposed against the defendant of five to twenty years for aggravated criminal sodomy (K.S.A. 1985 Supp. 21-3506) and three to ten years for aggravated burglary (K.S.A. 21-3716). The defendant pled guilty to ... | [
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Malone, J.:
Kathleen S. Zak filed a medical negligence case seeking damages for the wrongful death of her husband, Michael Zak, a 48-year-old business executive, from dilated cardiomyopathy. The case proceeded to trial against only Dr. Lawrence D. Riffel. The jury returned a verdict finding Dr. Riffel to be 51% at faul... | [
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Marquardt, J.:
Norman Goodman appeals the trial court’s grant of summary judgment to the Kansas Department of Transportation (KDOT), E. Dean Carlson, the Secretary of KDOT, and KDOT, d/b/a Kansas Operation Lifesaver. We affirm.
On November 23, 1999, a train owned by Union Pacific struck Goodman’s vehicle at a railroad ... | [
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Caplinger, J.:
Shirley Sutton appeals the district court’s grant of summary judgment in favor of die defendants in this action to recover real property. Shirley contends the district court incorrectly applied the 2-year statute of hmitations for fraud, K.S.A. 2004 Supp. 60-513(a)(3), instead of the 15-year limitation p... | [
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Malone, J.:
Michael S. Hayes appeals the district court’s dismissal of his K.S.A. 2004 Supp. 60-1507 motion. The district court ruled the motion was barred by the 1-year statute of limitations at K.S.A. 2004 Supp. 60-1507(f), which became effective on July 1, 2003. L. 2003, ch. 65, sec. 1. We hold the 1-year statute of... | [
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McAnany, J.:
Joey Herndon appeals from his jury convictions of aggravated endangering a child, discharging a firearm at an occupied vehicle, discharging a firearm at an unoccupied dwelling, and two counts of aggravated assault. The district court sentenced Herndon to 38 months in prison. On appeal, Herndon contends: (1... | [
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Per Curiam:
This court accepted this case on the petition for review filed by defendant Heather Page Hilton for the specific purpose of deciding whether both the first and second of Hilton’s two consecutive 12-month probation terms could be revoked as a result of a violation that occurred during the first 12 months. A ... | [
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Granted.
Unpubhshed | [
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Buser, J.:
Margaret R. Puls, an heir-at-law of the decedent, Esther A. Broderick, appeals the district court’s ruling denying her motion for the production of Broderick’s medical records and granting the petition for the probate of Broderick’s will. We affirm in part, reverse in part, and remand with directions.
Factua... | [
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The opinion of the court was delivered by
Holmes, J.:
This is a personal injury suit arising out of a controlled intersection traffic accident which occurred on the outskirts of Garden City, Kansas. At the close of plaintiff s case, the trial court directed a verdict in favor of the defendants, the City of Garden City,... | [
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Leon E. Roulier, of Colby, an attorney admitted to the practice of law in Kansas, was charged in a complaint filed by the Disciplinary Administrator with the Kansas Board for Discipline of Attorneys (Board) with violations of the Kansas Code of Professional Responsibility (Supreme Court Rule 225, 235 Kan. cxxxvii) in h... | [
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-107,
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-55,
-43,
92,
-114,
6,
9,
-44,
-39,
64,
48,
109,... |
The opinion of the court was delivered by
Lockett, J.:
This is an appeal of a declaratory judgment action in which Patrons Mutual Insurance Association (Patrons) sought to determine if an exclusion in its homeowners insurance policy for bodily injury to an insured applies to the wrongful death claim made by a minor son... | [
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... |
The opinion of the court was delivered by
Herd, J.:
This is a consolidated appeal from decisions of the district courts of Washington and Republic Counties, holding the Family Farm Rehabilitation Act, K.S.A. 1986 Supp. 2-3401 et seq., unconstitutional.
The facts are not in dispute.
No. 59,734
On November 13, 1985, the ... | [
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107,
5... |
The opinion of the court was delivered by
Holmes, J.:
This is an appeal by the State pursuant to K.S.A. 22-3602(b)(l) from an order discharging the defendant John David Puckett at the end of his second preliminary hearing on a criminal complaint charging one count of making a terroristic threat (K.S.A. 1985 Supp. 21-34... | [
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1,
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63,... |
The opinion of the court was delivered by
McFarland, J.:
This is an action by members of the Pinebrooke Condominium Association Subdivision Board of Directors (plaintiffs-appellants), individually and on behalf of all other Pinebrooke condominium owners, against the builder-original owners of the complex (N. W. Dible C... | [
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7,
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-76,
... |
The opinion of the court was delivered by
Prager, J.:
This is a wrongful death action brought by Clayton F. Hughes, as administrator of the estate of Clayton F. Hughes, Jr., deceased, and in his capacity as administrator of the estate of Shirley K. Hughes, deceased. The defendant is Lynn E. Martin, administrator of the... | [
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... |
The opinion of the court was delivered by
Biles, J.:
This is a quiet title action challenging a claimed interest to oil and gas rights reserved in 1924 when the landowners sold the surface and mineral estate, but kept for themselves and their heirs what was described as a portion of the landowners' one-eighth interest ... | [
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... |
The opinion of the court was delivered by
Allegrucci, J.:
This is an appeal by the State of Kansas from judgment entered by the district court dismissing the complaint against the defendant for lack of jurisdiction, and remanding the case to juvenile court.
The facts are not in dispute. On September 6, 1985, a juvenile... | [
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5... |
The opinion of the court was delivered by
Miller, J.:
This is an appeal by Terrance Houck, following his conviction by jury trial in Montgomery District Court, of two counts of aggravated arson, K.S.A. 21-3718(1)(a), K.S.A. 21-3719; two counts of conspiracy to commit aggravated arson, K.S.A. 21-3302, -3718(1)(a) and -3... | [
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The opinion of the court was delivered by
Moritz, J.:
Christopher D. Britt appeals his Jessica’s Law convictions for rape, aggravated sodomy, and aggravated indecent liberties. He contends all three convictions must be reversed because the evidence was insufficient to support a finding of guilt on each of the alternati... | [
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... |
The opinion of the court was delivered by
Lockett, J.:
The defendant was found guilty by a jury of three counts of first-degree murder and three counts of aggravated kidnapping. We affirm the convictions.
James and Deborah Vogelsang lived approximately one mile from Arlington, Kansas, with their two daughters and two-y... | [
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... |
The opinion of the court was delivered by
Prager, C.J.:
This is an appeal by the State on a question reserved, pursuant to the provisions of K.S.A. 1986 Supp. 22-3602(b)(3). The question arises from a ruling of the trial court that there was not a sufficient foundation for the admission into evidence of tests made on a... | [
-79,
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82,
-88,
46,
35,
... |
The opinion of the court was delivered by
Nuss, C.J.:
Gabriel Nambo, Jr., pled guilty to aggravated robbery after he and two other individuals participated in the armed seizure of one vehicle and the attempted armed seizure of another vehicle. He now contends that the district court and Court of Appeals erred in requir... | [
-48,
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... |
The opinion of the court was delivered by
Miller, J.:
A jury convicted Deanna D. Hollis of first-degree premeditated murder, in violation of K.S.A. 21-3401, and she was sentenced in Sedgwick County District Court to life imprisonment. She appeals, and raises four issues. She contends that the trial court erred in faili... | [
16,
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... |
The opinion of the court was delivered by
McFarland, J.:
This is an appeal by defendants/third-party plaintiffs from an order of the district court dismissing their third-party petition against the third-party defendant Federal Intermediate Credit Bank of Wichita (FICB) and assessing FICB’s attorney fees against the th... | [
-48,
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-128,
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-13... |
The opinion of the court was delivered by
Herd, J.:
The state appeals pursuant to K.S.A. 22-3602(b)(3) upon a question reserved at the appellee Robert A. Kitzman’s sentencing hearing on February 6,1986. The facts are as follows:
On June 13, 1985, Robert Kitzman pled no contest to the charge of driving under the influen... | [
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The opinion of the court was delivered by
Biles, J.:
Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting ... | [
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-80,
4... |
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