Kansas Supreme Court Decisions 2012
Date: December 28, 2012
Docket Number: 101084
Justia Opinion Summary: Defendant pleaded guilty to two criminal charges. The court placed Defendant on probation, but his probation was subsequently revoked. Defendant appealed, arguing that his attorney's position as the guardian ad litem for…
Date: December 28, 2012
Docket Number: 102254
Justia Opinion Summary: Defendant was convicted of first-degree premeditated murder, aggravated kidnapping, and aggravated robbery. The Supreme Court affirmed the convictions and sentences, holding (1) it was error for the district judge not to…
Date: December 28, 2012
Docket Number: 102468
Justia Opinion Summary: Petitioner was convicted in 1989 of aggravated sodomy, indecent liberties with a child, and sexual exploitation of a child. More than a decade later, while Petitioner was still imprisoned on these convictions, he was…
Date: December 28, 2012
Docket Number: 104241
Justia Opinion Summary: Defendant was convicted of two counts of aggravated indecent liberties with a child for touching the faces, hair, arms, and legs of two young girls, who were playing outside a movie theater. The trial court imposed…
Date: December 21, 2012
Docket Number: 101337
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape, aggravated indecent liberties with a child, and aggravated intimidation of a victim. The court of appeals affirmed the convictions. Defendant sought review, claiming…
Date: December 21, 2012
Docket Number: 102573
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated burglary and felony murder. Defendant appealed, arguing (1) the district judge erred in admitting evidence of other crimes and in giving a cautionary accomplice…
Date: December 21, 2012
Docket Number: 103164
Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence (DUI) and driving while suspended (DWS). The court of appeals affirmed Defendant's convictions. Defendant appealed, contending (1) the district…
Date: December 21, 2012
Docket Number: 103662
Justia Opinion Summary: Defendant was charged with operating or attempting to operate a vehicle while under the influence of alcohol. After a jury trial, Defendant was found guilty of DUI. Defendant appealed, arguing that he was deprived of his…
Date: December 21, 2012
Docket Number: 103735
Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence of alcohol (DUI). The court of appeals affirmed his conviction, concluding that evidence of an attempt to operate a vehicle while under the…
Date: December 14, 2012
Docket Number: 103176
Justia Opinion Summary: Appellant was arrested for driving on a suspended license. Upon the arresting officer's request, Appellant refused to take a breath test. The Kansas Department of Revenue (KDOR) subsequently suspended Appellant's driving…
Date: December 14, 2012
Docket Number: 103334
Justia Opinion Summary: An officer arrested Appellant, suspecting Appellant was intoxicated. After performing two field sobriety tests, Appellant refused to take the evidentiary breath test the officer requested. The Kansas Department of…
Date: December 14, 2012
Docket Number: 103521
Justia Opinion Summary: After a jury trial, Appellant was found guilty of two counts of rape and one count of aggravated criminal sodomy. The Supreme Court affirmed, holding (1) the district court did not err when it denied Appellant's motion…
Date: December 14, 2012
Docket Number: 103559
Justia Opinion Summary: After a jury trial, Appellant was found guilty of two counts of rape, one count of aggravated criminal sodomy, and one count of aggravated endangering a child. The Supreme Court affirmed Appellant's convictions and…
Date: December 7, 2012
Docket Number: 101521
Justia Opinion Summary: Defendant was charged with possession of methamphetamine and failure to stop at a stop sign. Defendant filed a motion to suppress evidence seized from his person and all statements he made after the evidence was seized,…
Date: December 7, 2012
Docket Number: 102938
Justia Opinion Summary: Plaintiff was the only child of Susan Shore. Susan and her children were beneficiaries of the Shore Family Trust. After Susan died, Plaintiff sued Defendant, the trustee of the trust, alleging (1) Defendant sold the…
Date: December 7, 2012
Docket Number: 103097
Justia Opinion Summary: Defendant pled no contest to felony murder and kidnapping. Defendant appealed his sentence. The Supreme Court vacated the sentence in part and remanded, holding (1) the district court did not err in imposing lifetime…
Date: December 7, 2012
Docket Number: 103158
Justia Opinion Summary: Appellant entered a plea of no contest to manufacturing methamphetamine and possession of methamphetamine. The sentencing judge found that because Appellant was not manufacturing the drug solely for his personal use, but…
Date: December 7, 2012
Docket Number: 103467
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony murder for the death of his five-month-old son. The Supreme Court affirmed Defendant's conviction, holding that the district court judge (1) did not…
Date: November 9, 2012
Docket Number: 97696
Justia Opinion Summary: Defendant was convicted for aggravated criminal sodomy, furnishing alcohol to a minor for an illicit purpose, and endangering a child. The court of appeals affirmed. The Supreme Court granted Defendant's petition for…
Date: November 9, 2012
Docket Number: 97905
Justia Opinion Summary: Appellant sought review of the court of appeals' decision affirming his conviction and sentence for felony DUI. Appellant's primary argument was that the district court violated the Confrontation Clause by admitting into…
Date: November 2, 2012
Docket Number: 100596
Justia Opinion Summary: A jury convicted Defendant of nonresidential burglary, theft, vehicular burglary, and conspiracy to commit nonresidential burglary. The court of appeals affirmed Defendant's convictions and sentences. The Supreme Court…
Date: November 2, 2012
Docket Number: 102951
Justia Opinion Summary: Defendant directly appealed his convictions for premeditated first-degree murder, aggravated kidnapping, and aggravated robbery. The Supreme Court affirmed Defendant's convictions, holding (1) the district court erred in…
Date: November 2, 2012
Docket Number: 103727
Justia Opinion Summary: Defendant appealed his Jessica's Law convictions for rape, aggravated sodomy, and aggravated indecent liberties. Defendant argued (1) all three convictions must be reversed because the evidence was insufficient to…
Date: November 2, 2012
Docket Number: 105884
Justia Opinion Summary: This case began when the attorney general signed a delegation of authority to the assistant attorney general. The assistant attorney general then appeared before the district court judge pursuant to Kan. Stat. Ann.…
Date: October 26, 2012
Docket Number: 101189
Justia Opinion Summary: Kan. Stat. Ann. 2011 Supp. 8-1002(c) provides that where a driver's license is being suspended because an illegal blood-alcohol level has been established by a blood test, the officer shall serve notice of the suspension…
Date: October 26, 2012
Docket Number: 101201
Justia Opinion Summary: Pursuant to Kan. Stat. Ann. 22-4904(b), sex offenders must inform their local law enforcement agency within ten days of changing their address of residence. Defendant, a registered sex offender, left his residence on…
Date: October 26, 2012
Docket Number: 101548
Justia Opinion Summary: Defendant's convictions for first-degree felony murder and aggravated burglary were reversed by the Supreme Court, and the case was remanded for a new trial. Upon retrial, the jury convicted Defendant of premeditated…
Date: October 26, 2012
Docket Number: 102282
Justia Opinion Summary: Appellant shot the Miguel Moya after robbing two people at gunpoint at the same house. A jury convicted Appellant of first-degree felony murder, two counts of attempted aggravated robbery, and criminal possession of a…
Date: October 26, 2012
Docket Number: 103088
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated criminal sodomy and two counts of aggravated liberties with a child. Defendant was sentenced to three consecutive life sentences, each with a…
Date: October 26, 2012
Docket Number: 103758
Justia Opinion Summary: More than fifty years ago, in Edwards v. Edwards, the Supreme Court stated that a child support order entered during the pendency of a divorce action is interlocutory and may be modified at any time and in any manner,…
Date: October 26, 2012
Docket Number: 99503
Justia Opinion Summary: Kody Bicknell sought review of a court of appeals decision permitting Tammy Anderson to pursue punitive damages in her lawsuit against him after Bicknell rear-ended Adamson's vehicle at a train crossing. The punitive…
Date: October 19, 2012
Docket Number: 100890
Justia Opinion Summary: In 2002, a jury convicted Appellant of premeditated first-degree murder and rape for acts committed two decades earlier, in 1982. Appellant was sentenced to life in prison. In 2007, Appellant filed a pro se petition for…
Date: October 19, 2012
Docket Number: 101766
Justia Opinion Summary: This was 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…
Date: October 19, 2012
Docket Number: 102119
Justia Opinion Summary: Appellant pled nolo contendere to and was convicted of a second drug offense that required his participation in a mandatory drug treatment program. Appellant was sentenced to an underlying prison term of eleven months…
Date: October 19, 2012
Docket Number: 102256
Justia Opinion Summary: Appellant was sentenced to serve two consecutive twelve-month probation terms for her convictions in two separate criminal cases. During the first term, the district court revoked both probations and ordered Appellant to…
Date: October 19, 2012
Docket Number: 103361
Justia Opinion Summary: After a jury trial, Appellant was convicted of rape and aggravated indecent liberties with a child. Appellant appealed, arguing, among other things, that the district court erred by imposing lifetime postrelease…
Date: October 19, 2012
Docket Number: 104503
Justia Opinion Summary: Defendant pleaded guilty to first-degree murder, aggravated kidnapping, aggravated robbery, and a weapons violation when he was seventeen. The district court judge sentenced Defendant to life in prison on each of the…
Date: October 12, 2012
Docket Number: 101063
Justia Opinion Summary: Defendant entered into an oral agreement with his sister, Defendant, for the bailment of farm animals and farm equipment on her land. After their cooperative effort to breed horses broke down, Defendant sold her farm and…
Date: October 12, 2012
Docket Number: 101667
Justia Opinion Summary: Appellant was convicted of first-degree murder and criminal possession of a firearm for shooting and killing Keith Peters after Keith attempted to break up a fight between two rival gangs. Appellant appealed, asserting…
Date: October 5, 2012
Docket Number: 101311
Justia Opinion Summary: Following his plea of guilty to aggravated indecent liberties with a child, Appellant was sentenced to 216 months' imprisonment. The court also granted a downward departure to thirty-six months' probation to be served at…
Date: October 5, 2012
Docket Number: 101508
Justia Opinion Summary: This appeal followed a district court's denial of a defendant's motions for new trial based on postconviction DNA testing that was allowed under Kan. Stat. Ann. 21-2512. The postconviction DNA testing produced some…
Date: October 5, 2012
Docket Number: 101834
Justia Opinion Summary: This appeal raised the issue of whether a district court can order a child support obligor to cooperate with a child support obligee in the obligee's efforts to obtain insurance on the obligor's life if the obligor…
Date: October 5, 2012
Docket Number: 99818
Justia Opinion Summary: Plaintiff sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,680 in damages. The district court reduced that amount by…
Date: September 28, 2012
Docket Number: 100497
Justia Opinion Summary: At issue in this appeal was whether the court of appeals erred in holding that an action seeking reformation of an executory contract does not accrue until a party discovers a mutual mistake in the contract language. The…
Date: September 28, 2012
Docket Number: 100851
Justia Opinion Summary: At issue in this case was whether Probationer was entitled to jail time credit toward a sentence for the time she spent in a residential drug abuse treatment facility when her sojourn had not been ordered as a condition…
Date: September 28, 2012
Docket Number: 102210
Justia Opinion Summary: In the recent case of State v. Bogguess, the Supreme Court held that the lack of an objection during a bench trial that consisted solely of stipulated facts did not preclude appellate review of the pretrial denial of a…
Date: September 28, 2012
Docket Number: 102931
Justia Opinion Summary: A jury convicted Defendant of premeditated first-degree murder, aggravated burglary, burglary, and criminal possession of a firearm. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion…
Date: September 28, 2012
Docket Number: 104662
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated indecent liberties. Defendant appealed, challenging the sufficiency of the evidence of his conviction on several grounds. The Supreme Court reversed Defendant's…
Date: September 21, 2012
Docket Number: 102615
Justia Opinion Summary: Defendant was convicted of aggravated battery for stabbing her long-time friend multiple times in the head with a steak knife during an altercation inside of Defendant's home. The court of appeals affirmed the district…
Date: September 21, 2012
Docket Number: 102702
Justia Opinion Summary: Defendant was convicted and sentenced for rape, aggravated criminal sodomy, and aggravated indecent solicitation of a child. The Supreme Court affirmed, holding that the district court did not commit reversible error in…
Date: September 21, 2012
Docket Number: 99176
Justia Opinion Summary: Defendant sought review of the court of appeals' decision affirming his convictions for second-degree murder, kidnapping, and other crimes related to the beating death of his longtime companion. The Supreme Court…
Date: September 14, 2012
Docket Number: 103350
Justia Opinion Summary: Defendant was convicted of felony murder, aggravated robbery, and four counts of aggravated assault. Defendant was seventeen years old at the time of the crimes. Defendant filed a motion to correct an illegal sentence,…
Date: September 7, 2012
Docket Number: 100396
Justia Opinion Summary: After Defendant was convicted of misdemeanor theft in municipal court for violating a city ordinance, his conviction was vacated and he was charged with and convicted of felony theft in state district court for the same…
Date: September 7, 2012
Docket Number: 103579
Justia Opinion Summary: Appellant, a medical doctor practicing medicine in Kansas and Missouri, appealed from the district court's order denying her petition to revoke an administrative subpoena issued by the Kansas Board of Healing Arts. The…
Date: September 7, 2012
Docket Number: 105805
Justia Opinion Summary: In 2007, Defendant accidentally released about 90,000 gallons of crude oil into floodwaters of a river in Coffeyville. In 2010, Plaintiffs filed an action in federal court alleging the oil spill damaged their pecan…
Date: August 24, 2012
Docket Number: 101204
Justia Opinion Summary: Defendant was convicted by a jury of three counts of aggravated indecent liberties with a child. The Supreme Court affirmed Defendant's conviction under count four, reversed Defendant's conviction under count five,…
Date: August 24, 2012
Docket Number: 101684
Justia Opinion Summary: On direct appeal of his conviction for the aggravated robbery of a Target store employee, Defendant raised the issue of whether the district court committed reversible error by refusing to give the jury a lesser included…
Date: August 24, 2012
Docket Number: 102715
Justia Opinion Summary: On direct appeal, Defendant challenged his conviction for aggravated battery, arguing that the district court committed reversible error by refusing to instruct the jury on simple battery as a lesser included offense.…
Date: August 24, 2012
Docket Number: 103842
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated indecent liberties with a child under the age of fourteen and lewd and lascivious behavior in the presence of a person under the age of sixteen. Defendant was…
Date: August 24, 2012
Docket Number: 99988
Justia Opinion Summary: A jury convicted Defendant of, among other crimes, capital murder and four counts of attempted capital murder. Defendant was sentenced to death on the capital offense. On appeal, the Supreme Court reversed Defendant's…
Date: August 17, 2012
Docket Number: 100362
Justia Opinion Summary: This appeal arose under the Kansas Sexually Violent Predator Act (KSVPA). A civil jury declared Robert Ontiberos a sexually violent predator and determined he should be committed for treatment until he was safe for…
Date: August 17, 2012
Docket Number: 102100
Justia Opinion Summary: Tim Lilley leased pastureland adjacent to Mark and Janis Evanson's property. Lilley started a fire on the pastureland that spread to the Evensons' property, destroying the outbuildings on the property and around 200…
Date: August 17, 2012
Docket Number: 102140
Justia Opinion Summary: Defendant pleaded nolo contendere to reckless aggravated battery. Before sentencing, Defendant filed a motion to withdraw plea, arguing that holding him to his plea would be manifest injustice. The district court denied…
Date: August 17, 2012
Docket Number: 102688
Justia Opinion Summary: Appellant was a personal care attendant for a Medicaid beneficiary. Appellant was later charged with Medicaid fraud for submitting a false claim for his services. After a bench trial Appellant was convicted under Kan.…
Date: August 17, 2012
Docket Number: 102877
Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder for the shooting death of Raymond Gutierrez. The trial court imposed a life sentence without the possibility of parole for twenty-five…
Date: August 3, 2012
Docket Number: 100464
Justia Opinion Summary: Defendant 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. Defendant contended that the district…
Date: July 27, 2012
Docket Number: 100477
Justia Opinion Summary: After a jury trial, Defendant was convicted of the felony murder of his son and of the child abuse of two of his other children. Edgar was sentenced to life imprisonment. The Supreme Court affirmed Edgar's convictions…
Date: July 27, 2012
Docket Number: 101641
Justia Opinion Summary: Defendant was convicted by a jury of burglary of a nonresidence, criminal damage to property, and obstruction of a legal duty. The strongest evidence against Defendant was an eyewitness' identification of Defendant as…
Date: July 27, 2012
Docket Number: 102223
Justia Opinion Summary: Kathryn Swank's driver's license was suspended after a police officer arrested Swank for suspicion of driving under the influence. When the officer found Swank, she had pulled into a driveway and was already out of her…
Date: July 27, 2012
Docket Number: 103093
Justia Opinion Summary: As required by Kan. Stat. Ann. 22-3717(d)(1)(G), the district court in this case sentenced Defendant, in part, to lifetime postrelease supervision for his convictions of three counts of aggravated indecent solicitation…
Date: July 27, 2012
Docket Number: 103111
Justia Opinion Summary: Defendant James Mossman appealed from the imposition of lifetime postrelease supervision following his conviction of aggravated indecent liberties with a child. Defendant contended lifetime postrelease supervision…
Date: July 27, 2012
Docket Number: 104116
Justia Opinion Summary: Defendant was convicted of one count of rape and one count of aggravated criminal sodomy, both class B felonies. Under the indeterminate sentencing scheme then in effect, class B felonies required a minimum prison term…
Date: July 27, 2012
Docket Number: 104594
Justia Opinion Summary: Defendant pleaded guilty to two counts of aggravated indecent liberties with a child and was sentenced to life imprisonment with a mandatory minimum term of twenty-five years on each count to run concurrently. The court…
Date: July 20, 2012
Docket Number: 101092
Justia Opinion Summary: Defendant appealed his conviction for unlawful possession of hydrocodone under Kan. Stat. Ann. 65-4160(a), a severity level 4 drug felony. Defendant argued that eight Lortab pills in his possession were schedule III…
Date: July 20, 2012
Docket Number: 101905
Justia Opinion Summary: Defendant was convicted of first-degree felony murder and aggravated robbery and sentenced to consecutive hard twenty life and 247-month sentences. The Supreme Court affirmed Defendant's convictions and consecutive…
Date: July 20, 2012
Docket Number: 102129
Justia Opinion Summary: Defendant appealed from the district court's denial of his pre-sentence motion to withdraw an Alford plea to one count of sexual battery. By entering an Alford plea, Defendant pleaded guilty without admitting he…
Date: July 20, 2012
Docket Number: 102221
Justia Opinion Summary: Defendant Steven Wilson pleaded guilty to one count of off-grid aggravated indecent liberties. Defendant challenged, among other things, the district judge's doubling of his twenty-five-year mandatory minimum prison…
Date: July 20, 2012
Docket Number: 105931
Justia Opinion Summary: Defendant Essex Sims directly appealed the summary denial of his pro se motion to correct an illegal sentence. Defendant asserted five claims of error, four challenging his convictions, not his sentence, and the fifth…
Date: July 13, 2012
Docket Number: 102122
Justia Opinion Summary: Marvin Hansford was named and served as a defendant in a real property partition action. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally…
Date: July 13, 2012
Docket Number: 105132
Justia Opinion Summary: Defendant appealed from the imposition of three life sentences with a mandatory minimum term of twenty-five years following his plea of guilty to three counts of aggravated indecent liberties with a child. Defendant…
Date: July 13, 2012
Docket Number: 105146
Justia Opinion Summary: Phillip Baptist pleaded no contest to the off-grid crime of rape of a child under the age of fourteen. The district court imposed a hard twenty-five life sentence under Jessica's Law, meaning Baptist would only be…
Date: July 13, 2012
Docket Number: 105952
Justia Opinion Summary: Defendant pleaded guilty to two counts of off-grid aggravated indecent liberties with a child pursuant to a plea agreement in which the State agreed to dismiss a third count and stand silent at sentencing. Defendant…
Date: July 13, 2012
Docket Number: 105988
Justia Opinion Summary: Defendant in this case was convicted of aggravated criminal sodomy with a child less than fourteen years of age. The district court denied Defendant's motion to depart from the hard twenty-five life sentence provided for…
Date: July 6, 2012
Docket Number: 105535
Justia Opinion Summary: Defendant pleaded guilty to one count of rape of a child less than fourteen years old and one count of aggravated criminal sodomy of a child less than fourteen years old. Defendant was sentenced to life imprisonment…
Date: June 29, 2012
Docket Number: 101348
Justia Opinion Summary: Defendant challenged his conviction for criminal possession of a firearm in violation of Kan. Stat. Ann. 21-4204(a)(4)(A), which imposes a ten-year prohibition on the possession of a firearm by persons convicted of…
Date: June 29, 2012
Docket Number: 104620
Justia Opinion Summary: After pleading no contest to three counts of aggravated indecent liberties with a child, Defendant appealed his sentence, arguing (1) the State breached the plea agreement by arguing against the recommended sentence in…
Date: June 29, 2012
Docket Number: 104899
Justia Opinion Summary: Defendant was convicted of felony murder, aggravated kidnapping, and an unlawful weapons violation. Defendant was sentenced to two consecutive life sentences and a concurrent three- to ten-year sentence on the weapons…
Date: June 29, 2012
Docket Number: 105024
Justia Opinion Summary: Defendant pleaded guilty to an amended charge of kidnapping with the intent to facilitate flight and was sentenced to a term of five years in prison. Defendant signed a petition to enter a plea of guilty in which he…
Date: June 1, 2012
Docket Number: 102383
Justia Opinion Summary: In this State appeal, the State contended the district court erred in expunging Allen Jaben's 1977 convictions for attempted rape, rape, aggravated sodomy, aggravated kidnapping, and aggravated battery. The State urged…
Date: May 11, 2012
Docket Number: 101799
Justia Opinion Summary: Alesia Warrior was convicted by a jury of the premeditated first-degree murder of her husband and conspiracy to commit first-degree murder. Warrior received a controlling hard 50 life sentence. The Supreme Court affirmed…
Date: May 11, 2012
Docket Number: 102265
Justia Opinion Summary: Vernon Gilliland was convicted by a jury of one count of aggravated criminal sodomy with a child under fourteen years of age. Because Gilliland was over the age of eighteen at the time of the offense, his conviction was…
Date: May 11, 2012
Docket Number: 103233
Justia Opinion Summary: This case arose as an interpleader action to settle the rights to one-half of a brokerage commission resulting from a residential real estate transaction. Reece & Nicholas Realtors, Inc. (RAN), the listing broker,…
Date: May 11, 2012
Docket Number: 99123
Justia Opinion Summary: A jury convicted Rashawn Anderson of intentional second-degree murder and reckless aggravated battery for shooting two men on a downtown street following a rap concert. There were several eyewitnesses. The court of…
Date: May 11, 2012
Docket Number: 99163
Justia Opinion Summary: Michael Mitchell was convicted of aggravated robbery based entirely on the victim's eyewitness identification. The victim picked Mitchell out of a photo lineup a few days after the robbery and indicated with 100 percent…
Date: May 4, 2012
Docket Number: 101000
Justia Opinion Summary: Named plaintiff Sue O'Brien and a class of similarly situated consumers (O'Brien) sued the maker of Brighton handbags, other accessories, and luggage, defendant Leegin Creative Leather Products (Brighton), alleging…
Date: May 4, 2012
Docket Number: 101292
Justia Opinion Summary: Anthony Frye was convicted of aggravated battery at a bench trial. Frye appealed, claiming that (1) the district court failed to insure a valid waiver of Frye's right to a trial by jury, and (2) the evidence was…
Date: May 4, 2012
Docket Number: 101551
Justia Opinion Summary: Defendant Antwan Peppers was convicted of first-degree premeditated murder and attempted first-degree murder. The Supreme Court affirmed Peppers' convictions and sentences, holding (1) the district judge did not abuse…
Date: May 4, 2012
Docket Number: 102690
Justia Opinion Summary: Defendant Christopher Hughes was the driver in a one-car accident that killed one passenger and injured two others. At the time of the accident, the four were traveling together to work on a drilling crew for employer…
Date: May 4, 2012
Docket Number: 104424
Justia Opinion Summary: Mother, a non-Indian, gave birth to Child and decided to place Child for adoption. Father was a member of Cherokee Nation. Mother chose a non-Indian family to adopt Child. Adoption Agency filed a pleaded seeking to…
Date: May 4, 2012
Docket Number: 99704
Justia Opinion Summary: Bryan Sprung was convicted by a jury of one count of aggravated criminal sodomy, two counts of aggravated indecent liberties with a child, and one count of criminal threat. The court of appeals affirmed. The Supreme…
Date: April 27, 2012
Docket Number: 102558
Justia Opinion Summary: Jose Portillo appealed his conviction for one count of rape of a child under age fourteen. At sentencing, recognizing that it had failed to properly charge Portillo with the off-grid version of the crime, the State filed…
Date: April 27, 2012
Docket Number: 103672
Justia Opinion Summary: After allowing discovery on the issue of whether Kansas courts could exercise personal jurisdiction over some of the defendants in this case, the district court granted defendant Tel-Instrument Electronics Corp.'s (TIC)…
Date: April 27, 2012
Docket Number: 104435
Justia Opinion Summary: James Woods appealed the district court's dismissal of his appeal of the appraisers' award in an eminent domain action initiated by the Unified Government of Wyandotte County/Kansas City, Kansas. The district court found…
Date: April 12, 2012
Docket Number: 101719
Justia Opinion Summary: After a jury trial, Steven Hernandez was found guilty of aggravated indecent liberties with a child and the lesser included offense, attempted aggravated indecent liberties with a child. Hernandez moved for a mistrial,…
Date: April 12, 2012
Docket Number: 104498
Justia Opinion Summary: Kansas One-Call System (One-Call) managed and operated a centralized notification center for diggers working on underground utility infrastructure to use before they started excavating pursuant to the Kansas Underground…
Date: April 6, 2012
Docket Number: 101285
Justia Opinion Summary: Pedro Torres was convicted of two counts of rape against an eleven-year-old girl. At trial, the State was allowed to present evidence related to Torres' conviction nearly two decades earlier for one count of indecent…
Date: April 6, 2012
Docket Number: 101378
Justia Opinion Summary: Defendant M.L. Snellings pleaded no contest to eight drug-related charges and a ninth charge of criminal possession of a firearm. Snellings appealed his sentence, primarily arguing that two of his convictions were…
Date: April 6, 2012
Docket Number: 101392
Justia Opinion Summary: Defendant Kenneth Adams was convicted by a jury of six counts relating to a conspiracy to manufacture methamphetamine and possession of methamphetamine. Adams appealed, claiming error at various stages of the trial. The…
Date: April 6, 2012
Docket Number: 104761
Justia Opinion Summary: On July 1, 2010, the legislature enacted the Kansas Indoor Clean Air Act. The Act generally prohibits smoking in public places but exempts Class B clubs, premises operated for profit to which members resort for the…
Date: April 6, 2012
Docket Number: 99937
Justia Opinion Summary: Ten years after Rolland Berreth was convicted and sentenced for aggravated kidnapping and aggravated criminal sodomy with a child under fourteen years of age, Berreth filed a pro se motion to correct an illegal sentence.…
Date: March 30, 2012
Docket Number: 100494
Justia Opinion Summary: Joshua Coman pled guilty to misdemeanor criminal sodomy, as defined in Kan. Stat. Ann. 21-3505(a)(1), based upon an incident with a dog. The Kansas Offender Registration Act (KORA) requires registration for those who…
Date: March 23, 2012
Docket Number: 101912
Justia Opinion Summary: Law enforcement officers made a traffic stop of Defendant Dinah Sanchez-Loredo's vehicle, detained her at the scene for approximately 75 minutes while obtaining a search warrant, and recovered a large quantity of…
Date: March 23, 2012
Docket Number: 102235
Justia Opinion Summary: In this eminent domain proceeding, Landowner, Manhattan Ice and Cold Storage, initiated district court review of the $3.2 million appraisers' award for the taking of three tracts of land by the condemning authority, the…
Date: March 23, 2012
Docket Number: 98629
Justia Opinion Summary: Drugs were discovered during a warrantless search inside a vehicle that Bernard Preston was driving. Preston was subsequently convicted of possession of cocaine with intent to sell, possession of marijuana, and…
Date: March 16, 2012
Docket Number: 102163
Justia Opinion Summary: In this eminent domain action, the Unified Government of Wyandotte County/Kansas City, Kansas (Unified Government) condemned a shopping center owned by Kansas City Mall Associates (KC Mall). The jury awarded compensation…
Date: March 16, 2012
Docket Number: 105623
Justia Opinion Summary: The issue in this case was whether a trial court constitutionally erred in denying Father's last-minute request to provide his testimony by telephone from Georgia in a Kansas hearing to terminate Father's parental…
Date: March 9, 2012
Docket Number: 101958
Justia Opinion Summary: Marcy Carapezza and Jason Hughes (collectively, Defendants) were convicted of felony murder and other felonies. Following decisions by the Supreme Court remanding the cases for new trials, the district court suppressed…
Date: March 9, 2012
Docket Number: 102594
Justia Opinion Summary: After a jury trial, Defendant Ranell Turner was convicted of rape, aggravated criminal sodomy, criminal threat, and kidnapping. Turner had two prior conviction events for rape and one prior conviction event for…
Date: March 9, 2012
Docket Number: 104983
Justia Opinion Summary: Leslie Roberts pleaded no contest to one count of rape and was found guilty by the district court. Roberts' crimes subjected him to a life sentence with a mandatory minimum of twenty-five years in prison under Jessica's…
Date: March 9, 2012
Docket Number: 105006
Justia Opinion Summary: Oscar Armendariz, the owner of a tract of land subject to eminent domain proceedings, appealed the district court's order determining the final distribution of an appraisers' award. Armedariz contended the district court…
Date: March 9, 2012
Docket Number: 99478
Justia Opinion Summary: After a jury trial, Kameron King was convicted of possession of cocaine and failure to display a drug tax stamp. King was sentenced to thirty-four months' imprisonment. The court of appeals affirmed. The Supreme Court…
Date: March 2, 2012
Docket Number: 100728
Justia Opinion Summary: Defendant Vicki Johnson was inside her boyfriend's apartment when police officers were dispatched to the apartment on a report of a burglary in progress. When officer Shannon Tucker was questioning Johnson in the…
Date: March 2, 2012
Docket Number: 101041
Justia Opinion Summary: Cherish McCullough and LaShonda Callaway got into a fistfight at a convenience store. After other store patrons broke up the fight, McCullough went to her car, returned with a knife, maneuvered around another person, and…
Date: March 2, 2012
Docket Number: 101657
Justia Opinion Summary: A jury convicted Elgin Robinson of capital murder, rape, aggravated kidnapping, aggravated indecent liberties with a child, and violation of a protection from abuse order. The 14-year-old victim of Robinson's crimes,…
Date: March 2, 2012
Docket Number: 102852
Justia Opinion Summary: LaFarge Corporation operated a cement manufacturing facility on a tract of property that included a contiguous limestone quarry on one side at which LaFarge used its Caterpillar equipment to load the raw material and…
Date: March 2, 2012
Docket Number: 103773
Justia Opinion Summary: Twenty-eight years ago, Defendant Randall Murray was convicted of aggravated robbery and felony murder. Before Murray's jury trial, defense counsel filed a motion to determine Murray's competency under Kan. Stat. Ann.…
Date: March 2, 2012
Docket Number: 98822
Justia Opinion Summary: Defendant Roldolfo Gaona was convicted of rape and aggravated criminal sodomy for incidents involving his stepdaughter, M.L. The Supreme Court affirmed, holding (1) the district court erred in allowing the executive…
Date: February 17, 2012
Docket Number: 102847
Justia Opinion Summary: Defendant Jeffrey Raskie was convicted of two counts of aggravated indecent liberties with a child and was sentenced to a hard twenty-five life sentence for one offense and sixty-one months for the other. Raskie…
Date: February 17, 2012
Docket Number: 98292
Justia Opinion Summary: Dana Deal was convicted for unintentional but reckless second-degree murder in violation of Kan. Stat. Ann. 21-3402(b) for the death of Donald Irvin. Deal appealed, arguing (1) the evidence established that he…
Date: February 17, 2012
Docket Number: 99487
Justia Opinion Summary: A jury convicted Clifford O'Rear of one count of reckless aggravated battery. O'Rear appealed, arguing, among other things, that the trial evidence was insufficient to support his conviction because the State failed to…
Date: February 10, 2012
Docket Number: 100854
Justia Opinion Summary: A jury convicted Theodore Burnett of capital murder and aggravated kidnapping for his role in the kidnapping and murder of a pregnant fourteen-year-old. After the jury was unable to reach a unanimous verdict in the…
Date: February 10, 2012
Docket Number: 102248
Justia Opinion Summary: A state trooper arrested Lindsay May for driving under the influence. May agreed to submit to a breath test, but her initial efforts failed to provide an adequate breath sample. After the trooper informed her that the…
Date: February 3, 2012
Docket Number: 101575
Justia Opinion Summary: Katrina Allen pleaded guilty to attempted possession of methamphetamine pursuant to a plea agreement but did not appear for her scheduled sentencing hearing as ordered pursuant to the plea agreement. Allen eventually…
Date: February 3, 2012
Docket Number: 101613
Justia Opinion Summary: Katreal Harris was convicted of first-degree murder, attempted second-degree murder, and criminal possession of a firearm. The Supreme Court affirmed, holding that the district court did not abuse its discretion by (1)…
Date: February 3, 2012
Docket Number: 101902
Justia Opinion Summary: Jamaal Summers was convicted of first-degree murder and sentenced to life without the possibility of parole for twenty-five years and lifetime postrelease supervision. The Supreme Court affirmed Summers' convictions,…
Date: February 3, 2012
Docket Number: 104159
Justia Opinion Summary: Defendant Mauricio Macias-Medina pled guilty to aggravated indecent liberties with a child pursuant to a plea agreement. After entering his plea but before sentencing, Defendant filed a motion to withdraw his guilty…
Date: January 27, 2012
Docket Number: 101632
Justia Opinion Summary: Appellant Roland Guder pleaded guilty to unlawfully manufacturing a controlled substance, cultivating marijuana, criminally possessing a weapon, and possessing drug paraphernalia. The court of appeals vacated reversed…
Date: January 27, 2012
Docket Number: 102645
Justia Opinion Summary: This was an administrative appeal by the Shawnee County Board of County Commissioners from a decision by the Board of Tax Appeals (BOTA) setting aside tax assessments the County claimed on three executive-style business…
Date: January 27, 2012
Docket Number: 104642
Justia Opinion Summary: Oscar Torres pleaded guilty to felony murder, criminal discharge of a firearm at an occupied building, and aggravated assault. After the Supreme Court remanded the case for resentencing on a separate issue but before…
Date: January 20, 2012
Docket Number: 102521
Justia Opinion Summary: Montrez Washington was convicted of first-degree felony murder and attempted aggravated robbery. Washington appealed, arguing that (1) insufficient evidence was presented at his preliminary hearing, and (2) the…
Date: January 20, 2012
Docket Number: 103245
Justia Opinion Summary: Shannon Bogguess requested a bench trial on stipulated facts after his motion to suppress his confession was denied. Bogguess was subsequently convicted of first-degree murder, aggravated robbery, aggravated kidnapping,…
Date: January 20, 2012
Docket Number: 104018
Justia Opinion Summary: Subsequent to the sentencing hearing at which Appellant Justin Jones was sentenced for committing the crime of aggravated indecent liberties with a child, the Supreme Court filed several decisions that explained the…
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