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Per Curiam:
On reconsideration the court is satisfied with the former decision in this case (The State v. Berger, 87 Kan. 479, 124 Pac. 400), and it is adhered to. | [
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The opinion of the court was delivered by
Johnston, C. J.:
Fred H. Madison recovered a judgment against The Kansas City, Mexico & Orient Railway Company, which has been brought here for review. He was a railway mail clerk, and his run was from Wichita, Kan., to Altus, Okla., over appellant’s railway. While performing h... | [
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The opinion of the court was delivered by
Johnston, C. J.:
In this case the question involved is whether there was a good consideration' for a promissory note by which the appellants, M. W. and Victoria Vann, promised to pay $800 to the appellee, J. W. Bridges. George Vann, sr., who claimed to own the improvements on a... | [
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The opinion of the court was delivered by
West, J.:
Smith and Swan, and Harris entered into an arrangement to deal in oil-and-gas leases and properties, and after having operated for some time sold out their accumulations for $108,000 cash and a deferred payment of $81,000, the latter being compromised for $45,000. Aft... | [
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The opinion of the court was delivered by
Smith, J.:
On April 19, 1910, the defendant,, through his attorneys, delivered to the county surveyor of Harvey county the following notice:
“To Q. P. Vaughn, County Surveyor of Harvey County, Kansas:
“I, A. L. Egy, owner of the North-west Quarter of Section No. Thirty (30), To... | [
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The opinion of the court was delivered by
Porter, J.:
Authorities are cited to the effect that the written application and policy are to be construed together and that the policy must be held to cover the interest of the .insured in the brick wall. We do not understand that the trial court ruled differently. The statut... | [
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The opinion of the court was delivered by
Benson, J.:
By the prohibitory liquor law of 1881, enacted pursuant to the constitutional amendment of the preceding year, and in various amendments and supplemental acts, the manufacture, sale or barter of spirituous, malt, vinous, fermented or other intoxicating liquor was pr... | [
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Per Curiam:
Upon rehearing the former judgment is 'adhered to. | [
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The opinion of the court was delivered by
Benson, J.:
A statement in the opinion that the rents and profits of the property set apart to the wife by the antenuptial contract had been absorbed by taxes is challenged in a petition for rehearing. On reexamining the evidence it is found that although the taxes upon one of ... | [
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The opinion of the court was delivered by
Burch, J.:
The action in the district court was brought to foreclose a real-estate mortgage given by the defendants, Charles M. Wolf and Mary Wolf, on the lots in controversy. The mortgage ran to “S. W. Shattuck, Guardian,” and the original plaintiff in the action was so design... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was an action brought by the state to enjoin appellants, Nicholas Weber and John Weber, partners doing business as The Wilson Electric Light Company, from constructing an electric line from the city of Wilson, in Ellsworth county, to the city of Dorrance, ... | [
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Per Curiam:
In a petition for rehearing the appellee insists that if the reasoning of the court is correct the judgment should have been modified, and not reversed, because the rights of the parties under the contract concerning the switch and right of way should be determined in this action. The case appears to have b... | [
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The opinion of the court was delivered by
Porter, J.:
A rehearing was granted in this case and the only point reargued is this: Upon the facts found by the jury was it a question of law to be determined by the court, or one of fact for the j ury, whether the appellant exercised due diligence? The sixth paragraph of the... | [
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The opinion of the court was delivered by
Fromme, J.:
Maurice Jefferson was convicted of first degree kidnapping (K. S. A. 21-449), felonious assault (K. S. A. 21-431) and unlawful possession of a pistol (K. S. A. 21-2611). The trial covered seven days. A jury returned verdicts of guilty on each of the counts. Judgment... | [
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The opinion of the court was delivered by
Fromme, J.:
The cross-appeal in this case is from an order refusing to require a refund of attorney fees previously paid by an administrator to attorneys who successfully defended a will contest.
These parties have appeared three times before this court on matters connected wit... | [
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The opinion of the court was delivered by
O’Connor, J.:
This is a direct appeal in a criminal action wherein the defendant pleaded guilty to charges of first degree murder (K. S. A. 21-401) and first degree robbery (K. S. A. 21-527) and was sentenced to consecutive terms in the state penitentiary of life imprisonment o... | [
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The opinion of the court was delivered by
Harman, C.:
This is a workmens compensation case arising out of the death of Lionel D. Otta. Claimants, his widow and minor children, have appealed to this court from the trial court’s order denying compensation.
During a rainstorm on June 9, 1965, Otta and one Walter R. Ruehle... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is an appeal from an order of the district court of Wyandotte County, Kansas, sustaining the action of the board of county commissioners which denied an application for a “special permit” to construct and operate a mobile homes park at 88th and Kaw Drive in ... | [
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The opinion of the court was delivered by
Price, C. J.:
Following a full evidentiary hearing in a proceeding brought under K. S. A. 60-1507 petitioner was denied relief. He appeals from that ruling.
Petitioner, Archie Mathues, was charged in two counts with obtaining money under false pretenses as defined by K. S. A. 2... | [
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The opinion of the court was delivered by
Fatzek, J.:
The principal questions presented are whether the promise of Marjorie E. Walton comes within our statute of frauds (K. S. A. 33-106), as a “special promise to answer for the debt, default or miscarriage” of her brother, Robert E. Kendall, and whether her deposit of ... | [
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The opinion of the court was delivered by
Fatzer, J.:
This appeal is from the judgment of the district court, entered on the jury’s verdict for the defendants, in an action to recover damages for personal injury based upon the negligence of the defendants in failing to provide a safe place for the plaintiff to work in ... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from a conviction of burglary in the second degree and grand larceny. The offense is claimed to be counseling, aiding or abetting in the actual burglary.
The defendant, James Leonard Johnson, has appealed. He first contends that the evidence was i... | [
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The opinion of the court was delivered by
Fatzek, J.:
This is a direct appeal from a judgment and sentence entered on the defendant’s pleas of guilty.
On June 18, 1968, an information was filed in the district court of Sedgwick County, charging the defendant in counts one and three with robbery in the first degree (of ... | [
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The opinion of the court was delivered by
Price, C. J.:
In connection with a highway improvement project the state highway commission brought a condemnation proceeding against the affected landowner.
The award of the appraisers was $12,059.00—from which both parties appealed.
Upon trial—the jury returned a verdict in t... | [
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The opinion of the court was delivered by
Fatzer, J.:
Allen C. Davis was the fifth defendant convicted .of kidnapping in the first degree (G. S. 1961 Supp., 21-449, now K. S. A. 21-449) and forcible rape (G. S. 1949, 21-424, now K. S. A. 21-424), arising out of events occurring in Fort Scott, Kansas, on August 20, 1962... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from a judgment holding employment in a feedlot exempt from the Workmens Compensation Act.
There does not appear to be any substantial dispute as to the facts. Respondent was a corporation engaged primarily in the commercial feeding of livestock o... | [
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The opinion of the court was delivered by
Fromme, J.:
Marvin Eldon Daugherty pled guilty to first degree robbery in the district court in Sedgwick county. Counsel was appointed to assist him in those proceedings and was present during arraignment, plea and sentencing. After inquiring fully into the facts surrounding th... | [
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The opinion of the court was delivered by
Fromme, J.:
Billy W. Scogin brought this action against Harold S. Nugen and Carolyn S. Napier for personal injuries received in a vehicular accident. Officer Scogin was a motorcycle policeman pursuing a speeding motorist when the accident occurred. The case was tried to a jury ... | [
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1... |
The opinion of the court was delivered by
Luckert, J.:
Tyrone Mebane appeals the denial of a motion to correct illegal sentence in which Mebane argued the sentencing judge erred when the judge did not address Mebane personally as required by K.S.A. 22-3424(e) to inquire if Mebane wished to present any evidence in mitig... | [
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The opinion of the court was delivered by
Nuss, J.:
In connection with a case brought by Kathy Hallam, Julie Ogden, and Nancy Ragan against Mercy Health Center of Manhattan, Inc., Judge Monti L. Belot of the United States District Court for the District of Kansas certified the following questions for determination by t... | [
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The opinion was delivered by
Luckert, J.:
A jury convicted Thomas J. Drennan, Jr., of the first-degree murder of his girlfriend. The trial court sentenced Drennan to a hard 50 life sentence. Drennan appeals his conviction and sentence, arguing the trial court erred in: (1) not giving instructions on lesser included off... | [
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The opinion was delivered by
Luckert, J.:
Theresa Barnes pled guilty to aiding and abetting the manufacture of methamphetamine, possession of methamphetamine, possession of methamphetamine with intent to sell, possession of drug paraphernalia, and endangering a child. In State v. Barnes, No. 89,628, unpublished opinion... | [
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The opinion of the court was delivered by
Beier, J.:
The State brings these appeals to challenge the district court’s suppression of evidence and its resulting dismissals of its prosecutions of Jerri Huff and Jack Kelley for possession of methamphetamine.
The facts that led to the suppression are as follows:
The Salina... | [
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The opinion of the court was delivered by
Davis, J.:
Burlington Northern Railroad Company (railroad) conveyed property to U.S.D. No. 222 (school district). The adjacent landowners Gary and Danielle Stone (Stones) were granted partial summary judgment based upon the trial court’s ruling that the land reverted to the Sto... | [
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Fer Curiam-.
This is an original uncontested proceeding in discipline filed by the office of the Disciplinaiy Administrator against respondent, Brenda M. Jordan, Kansas attorney registration No. 16585, whose last registration address with the Clerk of the Appellate courts of Kansas is Manhattan, Kansas. The respondent ... | [
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The opinion of the court was delivered by
Beier, J.:
Plaintiff Roland Whye filed this lawsuit against the City of Topeka (the City) and former Topeka Mayor Joan Wagnon, claiming wrongful termination. The district court granted the defendants’ motion to dismiss on statute of limitations grounds. The Kansas Court of Appe... | [
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The opinion of the court was delivered by
Davis, J.:
The defendant, Charles R. Shelton, was charged with several drug offenses based upon evidence seized in an inventory search of the van he was operating. We granted his petition for review on the question of whether the district court erred in not suppressing evidence... | [
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The opinion of the court was delivered by
Luckert, J.:
After Eric Conn was stopped for a traffic violation, he was arrested for driving without having a proper driver s license and failing to provide proof of insurance. Conn provided the arresting officer with a name and date of birth and stated that he had a valid dri... | [
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In a letter dated December 1, 2004, addressed to the Clerk of the Appellate Courts, respondent Richard D. Laird, Sr., of Topeka, Kansas, an attorney admitted to the practice of law in the state of Kansas, voluntarily surrendered his license to practice law in Kansas, pursuant to Supreme Court Rule 217 (2003 Kan. Ct. R.... | [
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The opinion of the court was delivered by
Thiele, J.:
This was an action for an injunction. At the time the petition was filed the district court issued a temporary injunction, but later, on hearing of a proper motion therefor, the temporary injunction was dissolved. The plaintiff appeals from that order.
Omitting form... | [
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The opinion of the court was delivered by
Smith, J.:
This was an action for damages. The defendant demurred to the petition of plaintiff. That demurrer was overruled. Defendant appeals.
The petition alleged that the defendant was a corporation authorized to do business in Kansas City; that it was engaged in the dairy b... | [
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The opinion of the court was delivered by
Harvey, J.:
This is a soldiers compensation case. The questions involved are the validity of chapter 280, Laws 1939, and if valid, whether it is applicable in this case. Chapter 280, Laws 1939, effective February 21, 1939, amends and repeals G. S. 1935, 73-102, which originally... | [
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The opinion of the court was delivered by
Wedell, J.:
Three actions are consolidated in this appeal. None of the actions has been tried. The appeals are from various rulings on motions and demurrers. Petitions in all three actions were deposited with the clerk of the district court of Sedgwick county, for filing on the... | [
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The opinion of the court was delivered by
Akn, J.:
This is an appeal from an order of the district court setting aside a release of a judgment upon the ground of fraud. Although we are not here concerned with the proceedings resulting in that district court judgment, it may be well to state that the action was commence... | [
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The opinion of the court was delivered by
Wedell, J.:
This is an appeal by the father from an adverse ruling in a habeas corpus proceeding whereby he sought to obtain possession of two minor daughters from his former wife who had remarried. Respondent prevailed and the petitioner appeals.
This is the second chapter of ... | [
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The opinion of the court was delivered by
Harvey, C. J.:
Appellant was charged in the district court of Shawnee county by an information in due form of murder in the first degree of Trinidad Alejos. A trial by jury found him guilty of murder in the second degree. His motion for a new trial was overruled, he was sentenc... | [
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The opinion of the court was delivered by
Parker, J.:
This is an original habeas corpus proceeding in which it is claimed petitioner is illegally confined in the state penitentiary.
The record discloses the following factual situation: On the 9th day of June, 1939, petitioner was convicted in the district court of Prat... | [
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The opinion of the court was delivered by
Smith, J.:
This is an original petition for habeas corpus. The respondent filed his return, whereupon the parties stipulated that the facts as set out in the petition and the return were the actual facts. The case was submitted for final determination on the petition for a writ... | [
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The opinion of the court was delivered by
Wedell, J.:
This was an action for the specific performance of an oral contract. Plaintiff prevailed and defendant, The Southwest Grease and Oil Company, a corporation, appeals. The general nature of the transaction and plaintiff’s theory of his action may be briefly stated as ... | [
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The opinion of the court was delivered by
Thiele, J.:
This was a proceeding commenced by Sonny Brown to establish a demand against the estate of Nannie Nicholson, deceased. From a judgment in his favor, her executrix appeals.
Nannie Nicholson died in August, 1945. At a date not disclosed by the abstracts, her will was ... | [
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The opinion of the court was delivered by
Thiele, J.:
This was an action originally commenced against Jack N. Sugg, Neal 0. Williams, J. S. Bacon and C. W. Bacon, to recover possession of an automobile hereafter referred to as the Ford car. Sugg is said to be a fugitive from justice, and the abstract does not disclose ... | [
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The opinion of the court was delivered by
Smith, J.:
This is an action to enjoin the defendant from operating a café, and for damages. The trial court overruled defendant’s demurrer to plaintiffs’ petition. Defendant has appealed.
The petition alleged the residence of the parties at Coffeyville and that plaintiffs were... | [
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The opinion of the court was delivered by
Wedell, J.:
This was an action for divorce, custody of a minor child and allowance of doctor bills and hospital expenses incurred in connection with the birth of a child.
The court found both parties were guilty of extreme cruelty towards each other and it granted a divorce to ... | [
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Opinion by
Simpson, C.:
The defendant was charged by information with the illegal sale of intoxicating liquor. The information contained 10 counts, and at the April term, 1891, he was convicted on the first and second counts, sentenced to confinement in the county jail for 30 days on each count, and to pay a fine of $3... | [
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Per Curiam:
This was an action brought in the district court of Crawford county, by William Goff and Charlotte H. Goff, husband and wife, against School District No. 54, Crawford county, Kansas, and C. Beck, Johh Pauley, and Frederick Russell, the officers of such school district, to perpetually enjoin them from removi... | [
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Elliott, J.;
At issue in this case is whether the exclusive remedy provision of the Workers Compensation Act bars a civil suit against an employer and coemployees for the negligent treatment of a heart attack, even though the heart attack itself is not compensable under workers compensation. The district court found th... | [
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Lewis, J.:
This is the type of dispute which can and has destroyed the integrity of a once close family unit. The cause of such a dispute is generally the death of a parent and the struggle over his or her estate. This case carries such a factual premise.
Johnnie L. Giefer (decedent) had a small farm in Kingman County.... | [
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Pierron,, J.:
Appellant John L. Vakas filed an application with the Kansas State Board of Healing Arts (Board) for reinstatement of his license to practice medicine. The Board denied the application, and appeflant appeals the district court’s order upholding the Board’s decision. We affirm.
Appellant was granted a lice... | [
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Elliott, J.:
Daniel C. Sullivan, Jr., appeals the trial court’s denial of his request for injunctive relief from a condemnation proceeding. The City of Ulysses (City) is attempting to condemn surface and water rights in Grant County for its municipal water supply.
We affirm.
In 1989, Marie Coffey, who owned the propert... | [
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Gernon, J.:
This is an appeal by David McKune and other officials of the Lansing Correctional Facility (LCF) from an order granting part of Lafe Gilmore’s petition for writ of habeas corpus in which he challenged his placement in a newly created classification/status.
The district court ruled that the policy memorandum... | [
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TOBUREN, J.:
Richard E. Keithley appeals the district court’s ruling that his unemployment compensation appeal to the Kansas Employment Security Board of Review (Board) was untimely and that he was not entitled to unemployment benefits even if his appeal was timely.
The district court first found that the appeal to the... | [
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Gernon, J.:
Radke Oil Company, Inc., (Radke) appealed the Kansas Department of Health and Environment’s (KDHE) order assessing civil penalties against Radke. The district court, on its own motion, ruled that KDHE lacked jurisdiction to assess a civil penalty under K.S.A. 65-34,113(a) without first convicting Radke of a... | [
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Pierron, J.:
MLK, Inc., d/b/a Metro Construction Association (Metro) appeals the district court’s granting of summary judgment in favor of the University of Kansas and the State of Kansas (collectively referred to as “KU”), in this breach of construction contract case. Metro argues the district court: (1) improperly ap... | [
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Gernon, J.:
Kimberly R. Cox appeals from a jury verdict in favor of Dr. Paul Lesko in a medical malpractice action.
The jury found 70% of the fault attributable to Cox and 30% attributable to Dr. Lesko. Cox contends on appeal that the trial court erred in allowing the jury to consider her failure to attend physical the... | [
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Brazil, C.J.:
Mary F. Kinnett died intestate on March 15,1995. Warren F. Kinnett and Doris J. Palmberg are her surviving heirs (heirs). Mary’s estate consists solely of a $10,000 contract right. During her lifetime, the Kansas Department of Social and Rehabilitation Services (SRS) provided Mary with medical assistance ... | [
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Lewis, J.:
Claimant was an employee of the Boeing Company (Boeing) when he suffered certain work-related injuries. Claimant instituted workers compensation proceedings to recover benefits due to him as a result of these injuries. The parties stipulated to an award in favor of claimant, which decided all of the issues i... | [
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Green, J.:
This is a workers compensation case. The hearing officer found that the claimant, Linette J. Garrison, had a 14 percent general bodily disability. Because she continued to earn the same wage, the hearing officer found that she had no work disa bility (K.S.A. 1991 Supp. 44-510e[a]). Although Garrison did not ... | [
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Ice, J.:
This appeal by a witness at an inquisition results from findings by the district court following the death of 16-month-old T.H. in Wyandotte County.
The following questions are presented: (1) Did the district court err in refusing to allow the witness to assert a blanket Fifth Amendment right to silence at the... | [
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ELLIOTT, J.:
Frito-Lay, Inc., appeals an order of the Workers Compensation Board (Board) finding the Workers Compensation Fund (Fund) was liable for only 40% of the award to Jeffrey Sims for a second injury. Frito-Lay argues the administrative law judge’s prior determination of 70% Fund liability should be reinstated. ... | [
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Prager, C.J.:
Anthony D. Houze appeals his convictions of possession of cocaine with intent to sell and possession of a controlled substance without a tax stamp affixed.
On the basis of a confidential informant’s tip, the police stopped Houze as he walked from his parked car towards a residence. They searched him witho... | [
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Brazil, C.J.:
William F. Griffin, plaintiffiappellant, appeals from the entry of summary judgment in favor of his former employer, defendant Dodge City Cooperative Exchange, on his claim of retaliatory discharge and intentional infliction of emotional distress. We affirm.
Griffin began working for Dodge City Cooperativ... | [
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Pierron, J.:
Jerome Windom appeals the denial of his motion for downward departure and the district court’s order requiring him to pay $75 per month child support as a condition of his probation. We affirm.
Windom entered a Brady plea to a charge of possession of cocaine, a severity level 4 drug felony, in violation of... | [
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Worden, J.:
Evelyn Holmes Spriggs, trustee and income beneficiary of the B. E. (Earl) Holmes Testamentary Trust, appeals the district court’s order requiring her to return to the trust all the money that she had received from the sale of stock which had been a part of the trust corpus. The district court’s order arose ... | [
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Royse, J.:
Wade L. Patterson appeals his conviction for felony possession of marijuana, contrary to K.S.A. 1994 Supp. 65-4162(a).
Following a bench trial, the district court found Patterson guilty of possessing marijuana after a prior conviction. The district court relied upon the fact that Patterson had previously bee... | [
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Brazil, C.J.:
Western Video Collectors, L.P., et al. (Western), appeals the trial court’s order granting summary judgment to Mercantile Bank of Kansas (Mercantile). Western argues that a choice of law provision in its contract with Mercantile required the district court to apply Missouri procedural law, which contains ... | [
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Knudson, J.:
This is a breach of contract action brought by Toshiba Master Lease, Ltd., (Toshiba) against Ottawa University (Ottawa) to collect lease payments under a written lease entered into between the parties for copier equipment. The litigation proceeded to a bench trial, with the district court concluding that T... | [
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Marquardt, J.:
Cherri Q. Christensen appeals from the denial of her motion to withdraw her guilty pleas and the sentences subsequently imposed on three drug convictions in two cases.
On October 10,1995, Christensen pled guilty in case No. 94 CR 465 to possession of methamphetamines with intent to sell or distribute, a ... | [
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Knudson, J.:
William W. Harlin appeals the trial court’s denial of his motion for conversion of his sentences filed pursuant to K.S.A. 21-4724(d)(l).
On July 20, 1994, the Department of Corrections (DOC) issued a sentencing guidelines report which concluded Harlin was ineligible for conversion of his sentences. On June... | [
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Ice, J.:
The defendant, Nathaniel Mitchell, appeals his conviction of unintentional second-degree murder, contrary to K.S.A. 21-3402(b), after a jury trial on September 2, 1994.
Briefly stated, defendant, Linda Dodson, and the victim, Josey Hunter, were traveling to a destination near the University of Kansas Medical C... | [
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Rulon, J.;
Gilberto Mirac Soto, defendant, was driving a vehicle in Topeka when he was stopped by police officers for several traffic offenses. As a result of defendant’s consent to allow the officers to search the vehicle, he was arrested and subsequently convicted of several drug-related crimes and unlawful use of a ... | [
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Pierron, J.:
This appeal.involves the valuation of property for tax purposes. The facts of this case illustrate the difficulties in creating equitable tax policies where commercial zones expand into residential areas.
Donald E. Cashatt appeals the decision of the district court in favor of the Board of County Commissio... | [
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Rulon, J.:
Respondent Electric Corporation of Kansas City and its insurer Transportation Insurance Company (hereafter collectively referred to as respondent) appeal from an order of the Workers Compensation Board (Board) awarding claimant Laiy Osbom permanent partial disability benefits. At issue is this court’s decisi... | [
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Brazil, J.;
The parties submit this case to this court on an agreed statement of facts. The pertinent facts of the agreed statement follow:
Plaintiff Esther Jane Thoren entered Lawrence Memorial Hospital for knee replacement surgery. Thoren suffered an ischemic stroke either during or after surgery. Her theory is that ... | [
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... |
Brazil, J.:
Gary Sage and ALJU Construction Company (Sage) filed suit against Sue Williams, et al., as employees of Greenwood County (County) after the County refused to accept Sage’s application for vehicle registration because Sage was delinquent in paying personal property taxes. Sage appeals the order of the distri... | [
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Elliott, J.:
Western Resources, Inc., (WRI) and Kansas Pipeline Partnership (KPP) entered into natural gas sales and transportation contracts; both sought approval of the contracts by the Kansas Corporation Commission (KCC). KCC consolidated the dockets and on a prior appeal, we held the “contracts and related requests... | [
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5... |
Marquardt, J.:
Robert G. Lile appeals the district court’s summary dismissal of his habeas petition, claiming that prison authorities violated his constitutional rights by not granting him “minimum custody by exception.”
Lile was convicted of aggravated kidnapping, rape, and aggravated sodomy. During his first year of ... | [
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Smith, J.:
Appellants, Barbara V. Sowers and James W. Sowers appeal from the district court’s dismissal of their petition for visitation with an unmarried minor, A.E. We affirm.
The essential facts are not in dispute. A.E. is the adopted child of the appellees, Peter arid Toula Tsamolias. Prior to adoption, A.E. was th... | [
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Wahl, J.:
Plaintiffs Beverly California Corporation, et al., appeal the district court’s decision that their representative failed to secure plaintiffs’ standing to challenge claims for unemployment compensation.
This action involves seven claims for unemployment compensation. Beverly California Corporation and Hy Fee ... | [
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White, J.:
In this K.S.A. 60-1507 proceeding, Tommy G. Thompson challenges his conviction for selling cocaine by claiming double jeopardy. Thompson claims that a forfeiture of his vehicle used in the commission of the offense and his conviction of the offense constituted multiple punishments. The district court denied ... | [
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Bacon, J.:
Jamie D. Roberts appeals from the ruling of the Workers Compensation Board (Board), which found that K.S.A. 44-519 requires the exclusion of vocational expert testimony regarding the percentage of a claimant’s work disability when that percentage is based on restrictions contained in medical reports generate... | [
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-7... |
Marquardt, J.:
Riverton Water Company, Inc., (Riverton Water) had requested an exemption from ad valorem property tax, pursuant to K.S.A. 1995 Supp. 79-201a Third, claiming that it held the status of a rural water district. The Board of Tax Appeals (BOTA) found that Riverton Water was not a rural water district until M... | [
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-43,
67,
52... |
Lewis, J.:
This action was initiated by the issuer of a homeowner’s insurance policy. The question litigated was whether the incident in question involving an automobile was covered by the homeowner’s insurance policy. The trial court held there was no coverage under the homeowner’s insurance policy. The defendants app... | [
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RULON, J.:
Defendant Sheryl M. Lewis appeals from her conviction under K.S.A. 1996 Supp. 8-286 and K.S.A. 1996 Supp. 8-287 of driving while a habitual violator. We affirm.
The facts are as follows:
On September 28, 1994, defendant’s car broke down on Interstate 635 in Wyandotte County. A Kansas state trooper stopped to... | [
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Green, J.:
Vernon Wonders appeals his convictions for possession of cocaine and possession of marijuana. Wonders raises three principal issues in this appeal: (1) whether the sheriff’s deputy had an articulable suspicion that Wonders was involved in a criminal activity, justifying the deputy’s temporary seizure of him;... | [
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Marquardt, J.:
Mary Ann Heany appeals from the district court’s order granting summary judgment to Larry W. Nibbelink, M.D., on her medical malpractice claim.
On January 5,1992, Heany gave birth to a healthy baby delivered by Dr. Nibbelink at Bethany Medical Center in Kansas City, Kansas.
Dr. Nibbelink, who practices g... | [
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Marquardt, J.:
Darryl S. Ford appeals from the district court’s denial of his motion to withdraw his guilty plea to one count of attempted robbery and two counts of theft.
The State charged Ford with one count of robbery, two counts of theft of property of a value of less than $500, and one count of forgery. Pursuant t... | [
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Lewis, J.;
Defendant Gregory J. Marino was convicted, after a trial to the court, of false impersonation, a class B misdemeanor. He was sentenced to a term of 90 days in jail and 2 years on probation. He appeals, raising a plethora of issues.
Defendant is a graduate of the University of Kansas and Harvard Law School. H... | [
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Pierron, J.:
Pursuant to K.S.A. 60-1507, Juan Soto appeals his departure sentence and the district court’s failure to properly inform him of his right of allocution.
Soto was charged with one count of first-degree murder, one count of felony murder, and two counts of felony theft. Soto speaks Spanish and has a limited ... | [
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Royse, J.:
State Farm Fire & Casualty Co. (State Farm) filed this declaratory action to obtain a determination that its policy issued to Larry C. Falley did not cover injuries sustained by Donald G. Legleiter. The district court granted summary judgment to State Farm, and Legleiter appeals.
Falley went to the Phillips ... | [
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Rogg, J.:
Southwest Medical Center (SWMC) appeals the district court order directing it to disclose certain records pursuant to the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq. Southwest Anesthesia Service, P.A., (Southwest Anesthesia) cross-appeals the court’s denial of its request for attorney fees. The Kans... | [
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... |
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