Kansas Supreme Court Decisions 2016

State v. Schaefer  
Date: December 23, 2016
Docket Number: 109915

Justia Opinion Summary: Pursuant to an agreement negotiated between Defendant’s attorney and the prosecutor, Defendant pled nolo contendere to amended on-grid charges of rape and attempted rape. Defendant moved to withdraw his plea, asserting t...

State v. Cleverly  
Date: December 23, 2016
Docket Number: 111282

Justia Opinion Summary: Defendant was charged with possession of methamphetamine after the vehicle in which he was a passenger was detained for a traffic stop and a law enforcement officer conducted searches of Defendant and his effects, includ...

McIntyre v. State  
Date: December 23, 2016
Docket Number: 111580

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count each of aggravated robbery, rape, aggravated criminal sodomy, kidnapping, and aggravated kidnapping. The court of appeals affirmed the convictions. In the followin...

State v. Corbin  
Date: December 23, 2016
Docket Number: 113585

Justia Opinion Summary: Defendant pleaded no contest to premeditated first-degree murder. Before sentencing, Defendant filed a motion requesting that the district court determine if he was a person with “intellectual disability.” The court deni...

In re Knox - One-year suspension video
Date: December 23, 2016
Docket Number: 115249
In re Harrington - Disbarment video
Date: December 23, 2016
Docket Number: 115250
Lumry v. State  
Date: December 16, 2016
Docket Number: 108425

Justia Opinion Summary: The Kansas Bureau of Investigation’s (KBI) official overtime policy requires monetary compensation at one-and-a-half times the normal hourly rate for hours worked in excess of eighty hours in a two-week period. Plaintiff...

In re Care & Treatment of Ellison  
Date: December 9, 2016
Docket Number: 112256

Justia Opinion Summary: The State sought to have Todd Ellison, a convicted sex offender, involuntarily committed under the Kansas Sexually Violent Predator Act. Under the Act, Ellison was entitled to a jury trial during which the State must pro...

State v. Louis  
Date: November 23, 2016
Docket Number: 110853

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony murder, three counts of attempted first-degree murder, and additional counts of aggravated assault and criminal discharge of a firearm. The Supreme Court...

Sperry v. McKune  
Date: November 23, 2016
Docket Number: 112455

Justia Opinion Summary: Jeffrey Sperry, an inmate at the Lansing Correctional Facility (LCF), filed a lawsuit seeking civil damages from the LCF Warden and the Secretary of Corrections, alleging that he had been exposed to lead paint and asbest...

State v. Schaal  
Date: November 18, 2016
Docket Number: 111513

Justia Opinion Summary: Defendant pled guilty to the crime of eluding a police officer. Before sentencing, Defendant filed a motion to withdraw his plea, arguing that he had misunderstood the plea agreement and that his misunderstanding was bas...

State v. Eisenhour  
Date: October 28, 2016
Docket Number: 111478

Justia Opinion Summary: Appellant was convicted of one count of abuse of a child and two counts of aggravated battery. The district court later revoked Appellant’s probation and imposed the underlying consecutive sentences for his convictions....

State v. Brown  
Date: October 28, 2016
Docket Number: 113253

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony murder, aggravated burglary, and aggravated assault. On appeal, Defendant argued that the district court abused its discretion in declining to inquire in...

In re Bergman (Indefinite suspension ) video
Date: October 28, 2016
Docket Number: 115448
State v. Kleypas  
Date: October 21, 2016
Docket Number: 101724

Justia Opinion Summary: After a jury trial, Defendant was convicted of capital murder, aggravated burglary, and attempted rape. The district court imposed the death sentence for the capital murder conviction and time in prison for the remaining...

City of Dodge City v. Webb  
Date: October 21, 2016
Docket Number: 109634

Justia Opinion Summary: Defendant was convicted of driving under the influence. Defendant appealed, arguing, among other things, that the district court erred by not granting his motion to suppress evidence of his blood alcohol content obtained...

State v. Chapman  
Date: October 21, 2016
Docket Number: 111572

Justia Opinion Summary: After a jury trial, Defendant was convicted of identity theft and felony theft. Defendant appealed, arguing, in part, that the district court judge erred in denying Defendant’s motion to suppress evidence obtained from a...

In re Gamble (Order of Reinstatement)
Date: October 21, 2016
Docket Number: 112037
In re Holste (Order of Reinstatement)
Date: October 21, 2016
Docket Number: 113970
State v. Belt  
Date: October 21, 2016
Docket Number: 94435

Justia Opinion Summary: After a jury trial, Defendant was found guilty of capital murder by intentionally killing the victim during the commission of, or subsequent to, the crime of attempted rape, attempted rape, and aggravated arson. The dist...

State v. Dickey  
Date: October 7, 2016
Docket Numbers: 110325, 110,326, 110,327

Justia Opinion Summary: After Defendant was convicted of felony theft, a district court hearing was held to pronounce sentence on Defendant and to consider the State’s motions to revoke Defendant’s probation in four earlier cases based on his n...

State v. Carter  
Date: September 30, 2016
Docket Number: 112269

Justia Opinion Summary: After a jury trial, Defendant was convicted of premeditated first-degree murder. Defendant appealed, raising several claims of error, including claims of prosecutorial misconduct. The Supreme Court affirmed, holding (1)...

State v. Netherland  
Date: September 30, 2016
Docket Number: 112806

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree felony murder, attempted aggravated robbery, and other crimes related to the murder of a Topeka attorney. The district judge sentenced Defendant to life in pris...

State v. Seba  
Date: September 30, 2016
Docket Number: 113149

Justia Opinion Summary: During a fight, Defendant killed a pregnant bystander and repeatedly shot one man, resulting in the man’s paralysis. A jury convicted Defendant of one count of attempted first-degree murder and two counts of first-degree...

Platt v. Kansas State Univ.  
Date: September 16, 2016
Docket Number: 110179

Justia Opinion Summary: Plaintiff’s probationary employment was terminated by Kansas State University. Plaintiff sued the University, arguing that her employment termination was in retaliation for her potential claims under the Kansas Workers C...

In re Bonner -( Disbarment)
Date: September 13, 2016
Docket Number: 21449
State v. Wilkins  
Date: September 9, 2016
Docket Number: 109313

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated intimidation of a witness in violation of Kan. Stat. Ann. 21-5909 for allegedly attempting to dissuade a witness from testifying in a homicide proceeding. The cou...

Armstrong v. Bromley Quarry & Asphalt, Inc.  
Date: September 9, 2016
Docket Number: 109864

Justia Opinion Summary: Bromley Quarry operated an underground limestone mine adjacent to Plaintiffs’ property. Plaintiffs sued Bromley Quarry, claiming trespass and conversion of 855,500 tons of limestone. Bromely Quarry admitted that it had t...

State v. McCormick  
Date: September 9, 2016
Docket Number: 109985

Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and unlawful hosting of minors consuming alcohol. The court of appeals affirmed. The Supreme Court affirmed Defendant’s convictions but vacated his sentence, holding (1...

State v. Solis  
Date: September 9, 2016
Docket Number: 111556

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder for the strangulation death of his former girlfriend. Defendant appealed, arguing that the trial court erred in admitting evidence of prior...

State v. Thach  
Date: September 9, 2016
Docket Number: 112231

Justia Opinion Summary: After a seven-day jury trial, Defendant was found guilty of first-degree felony murder and aggravated burglary. The district court sentenced Defendant to life imprisonment for felony murder. The Supreme Court affirmed, h...

State v. Sherman  
Date: September 9, 2016
Docket Number: 113105

Justia Opinion Summary: In this case both Defendant and the State urged the Supreme Court to reconsider and alter the legal tests it has applied to claims of prosecutorial misconduct since State v. Tosh. The Supreme Court overruled Tosh and ado...

In re Knowles - Disbarment
Date: September 6, 2016
Docket Number: 21043
In re Hall Sixty-day suspension video
Date: September 2, 2016
Docket Number: 114636
State v. Keenan  
Date: August 19, 2016
Docket Number: 108550

Justia Opinion Summary: Defendant was charged with felony driving under the influence as a three-time offender, refusing a preliminary breath test, and transporting an open container. Defendant filed a motion to suppress evidence obtained when...

State v. Staten  
Date: August 12, 2016
Docket Number: 108305

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of aggravated battery. Defendant was sentenced to a term of imprisonment of 154 months and ordered to pay $27,000 in restitution. The Supreme Court affirmed, holdi...

State v. Rizo  
Date: August 12, 2016
Docket Number: 112824

Justia Opinion Summary: After a bench trial on stipulations, Defendant was convicted of first-degree felony murder, three counts of aggravated battery, fleeing or attempting to elude a law enforcement officer, and battery. Defendant was sentenc...

State v. Smith  
Date: August 5, 2016
Docket Number: 110061

Justia Opinion Summary: State v. Ortiz created judicial exceptions to the general rule barring untimely appeals. In the instant case, Appellant, who was sixteen years old at the time, pleaded nolo contendere to first-degree felony murder, aggra...

State v. Johnson  
Date: August 5, 2016
Docket Number: 111375

Justia Opinion Summary: Defendant was convicted of first-degree murder and aggravated burglary. The trial court sentenced Defendant to a hard twenty-five life sentence for the first-degree murder conviction. The Supreme Court affirmed, holding...

Ambrosier v. Brownback  
Date: July 29, 2016
Docket Number: 115982

Justia Opinion Summary: On February 5, 2016, Governor Sam Brownback received statutorily required notice of District Magistrate Judge Tommy Webb’s departure from the bench. On June 15, 2016, three judges filed this petition for a writ of mandam...

State v. Northern  
Date: July 22, 2016
Docket Number: 112955

Justia Opinion Summary: Defendant pled guilty to first-degree murder. Defendant was sentenced to a hard twenty-five sentence and ordered to pay restitution. Years later, Defendant filed a pro se motion seeking leave from the district court to f...

State v. Webb  
Date: July 22, 2016
Docket Number: 114065

Justia Opinion Summary: Defendant was charged with first-degree murder and criminal possession of a firearm. After a trial, the jury convicted Defendant of the firearm charge but failed to reach a verdict on the murder charge. The district cour...

State v. Cheever  
Date: July 22, 2016
Docket Number: 99988

Justia Opinion Summary: Defendant was convicted of one count of capital murder and four counts of attempted capital murder. The jury sentenced Defendant to death on the capital offense. The Supreme Court affirmed, holding that Defendant did not...

State v. Dunn  
Date: July 15, 2016
Docket Number: 106586

Justia Opinion Summary: In this case, the Supreme Court revisited and realigned the Kansas approach to charging document sufficiency. Defendant was convicted of one count each of forgery and stalking. For the first time on appeal, Defendant arg...

State v. Pribble  
Date: July 15, 2016
Docket Number: 108915

Justia Opinion Summary: While executing a search warrant at Defendant’s residence, law enforcement officers seized marijuana and methamphetamine. None of the drugs bore the requisite drug tax stamps. After a jury trial, Defendant was convicted...

In re Odo (One-year suspension) video
Date: July 15, 2016
Docket Number: 114863
State v. Spencer Gifts, LLC  
Date: July 8, 2016
Docket Number: 111398

Justia Opinion Summary: At issue in this case was Kansas’ speedy trial statute, which provides that a criminal case in which a defendant has been “held to answer on an appearance bond” shall be dismissed if a trial does not occur within 180 day...

In re Arkell (Disbarment)
Date: July 7, 2016
Docket Number: 22161
State v. Darrow  
Date: July 1, 2016
Docket Number: 109397

Justia Opinion Summary: After a bench trial on stipulated facts, Defendant was convicted of driving under the influence (DUI), third offense, and refusing a preliminary breath test. Defendant appealed, arguing that the stipulated facts were ins...

State v. Corey  
Date: July 1, 2016
Docket Number: 110149

Justia Opinion Summary: After a second trial, Defendant was convicted of aggravated kidnapping, attempted rape, criminal threat, and two counts of aggravated sexual battery. Defendant’s first trial ended in a postconviction mistrial. The court...

State v. Jeffries  
Date: July 1, 2016
Docket Number: 113116

Justia Opinion Summary: In 1987, Appellant pled no contest to felony murder and one count of aggravated robbery and pled guilty to three counts of aggravated robbery. The district court imposed a controlling prison term of life without the poss...

Gannon v. State
Date: June 28, 2016
Docket Number: 113267
State v. Potts  
Date: June 24, 2016
Docket Number: 113302

Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony murder, criminal discharge of a firearm at an occupied vehicle, and burglary. The district court sentenced Defendant to life without the possibility of parole for...

State v. Tafoya  
Date: June 17, 2016
Docket Number: 107684

Justia Opinion Summary: Defendant was convicted in 2008 of one count of DUI. Defendant’s 2008 conviction was classified as a fourth DUI. Defendant was sentenced to a term of imprisonment and a mandatory fine. The court of appeals vacated the se...

May v. Cline  
Date: June 17, 2016
Docket Number: 110095

Justia Opinion Summary: Petitioner, an inmate, was disciplined for violating K.A.R. 44-12-301, the regulatory prohibition on fighting. Petitioner filed a Kan. Stat. Ann. 60-1501 petition against the warden of the correctional facility where Pet...

Jamerson v. Heimgartner  
Date: June 17, 2016
Docket Number: 110977

Justia Opinion Summary: Petitioner entered a plea of no contest to charges of second-degree intentional murder, aggravated robbery, and conspiracy to commit aggravated robbery. Petitioner’s conviction and sentence were affirmed on appeal. Later...

Born v. Born  
Date: June 10, 2016
Docket Number: 108963

Justia Opinion Summary: Sharon Born, the cousin of John Born, held two installment promissory notes upon which the inter vivos revocable trust created by John (“the Born Trust”) assets had been pledged as security when John died. When Betty Bor...

In re Estate of Einsel  
Date: June 10, 2016
Docket Number: 109367

Justia Opinion Summary: Carol Einsel filed a petition for partition against Rodney Einsel, her ex-husband. The ownership interests at stake involved the Einsel family ranch, which consisted mostly of land and mineral interests. Carol’s claim de...

In re Equalization Appeal of Wagner  
Date: June 10, 2016
Docket Number: 109783

Justia Opinion Summary: In 2011, Johnson County appraised the value of Kristin Wagner’s property at $569,000. Wagner filed a protest form with the Court of Tax Appeals (COTA), which determined that the appraised value for tax year 2011 should b...

Water Dist. No. 1 of Johnson County v. Prairie Ctr. Dev., LLC  
Date: June 10, 2016
Docket Number: 112973

Justia Opinion Summary: Water District No. 1 (WaterOne) of Johnson County filed an eminent domain petition seeking to condemn ten tracts of land. WaterOne pleaded that its interests would be “‘[s]ubject to existing easements of record.’” The di...

In re Holyoak - Indefinite suspension video
Date: June 10, 2016
Docket Number: 114836
In re Haitbrink video
Date: June 3, 2016
Docket Number: 114829
In re Dellett video
Date: May 31, 2016
Docket Number: 110452
Kansas v. Rosa  
Date: May 27, 2016
Docket Number: 108807

Justia Opinion Summary: In 2011, law enforcement officers executed a search warrant for a methamphetamine laboratory in Gregory Rosa's home in Leavenworth County. The house had four long-term residents. Rosa and Maureen Evans were in a relation...

Kansas v. Walker  
Date: May 27, 2016
Docket Number: 110712

Justia Opinion Summary: A jury convicted Tyrone Walker of first-degree premeditated murder for the killing of Janis Sanders. Sanders was discovered in the overgrown grass behind a vacant home apparently strangled to death; her personal effect w...

Kansas v. Bernhardt  
Date: May 27, 2016
Docket Number: 111639

Justia Opinion Summary: Defendant Anson Bernhardt appealed his conviction for premeditated first-degree murder. Bernhardt raised three issues on appeal, arguing the district judge erred by: (1) adding language to a pattern jury instruction defi...

Gannon v. Kansas  
Date: May 27, 2016
Docket Number: 113267

Justia Opinion Summary: On February 11, 2016, the Kansas Supreme Court affirmed the holding of the three-judge district court panel that found changes made to the State's K-12 funding system through enactment of the Classroom Learning Assuring...

Kansas v. Nguyen  
Date: May 20, 2016
Docket Number: 112316

Justia Opinion Summary: Ebony Nguyen appealed the district court's denial of her motion for a downward durational departure of her life sentence for felony murder. Nguyen unwittingly received counterfeit money from Jordan Turner in exchange for...

State v. Dupree  
Date: April 29, 2016
Docket Number: 110311

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder, kidnapping, aggravated burglary, aggravated robbery, two counts of aggravated endangering a child, and aggravated assault. The Supreme Court affirmed, holding...

Ullery v. Othick  
Date: April 29, 2016
Docket Number: 112469

Justia Opinion Summary: Plaintiffs filed a wrongful death lawsuit against Defendants. The district judge issued a memorandum decision addressing various motions for partial and full summary judgment. Plaintiffs subsequently filed a motion seeki...

State v. Lee  
Date: April 29, 2016
Docket Number: 113562

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed on appeal. Defendant later filed a second motion to correct an illega...

State v. Charles  
Date: April 22, 2016
Docket Number: 105148

Justia Opinion Summary: After a jury trial, Defendant was convicted of reckless aggravated battery, felony criminal damage to property, and criminal threat. The district court sentenced Defendant to a term of imprisonment and required him to re...

State v. Buser  
Date: April 22, 2016
Docket Number: 105982

Justia Opinion Summary: In 2009, Defendant pleaded no contest to one count of indecent liberties with a child. The district court sentenced Defendant to a term of imprisonment and lifetime post-release supervision. The court further ordered Def...

State v. Petersen-Beard  
Date: April 22, 2016
Docket Number: 108061

Justia Opinion Summary: Defendant was convicted of one count of rape. The district court sentenced Defendant to a term of imprisonment with lifetime postrelease supervision and lifetime registration as a sex offender under the Kansas Offender R...

State v. Hankins  
Date: April 22, 2016
Docket Number: 109123

Justia Opinion Summary: Appellant pled guilty to multiple felony charges and was sentenced to sixty-eight months’ imprisonment. Appellant later filed a motion to correct an illegal sentence, asserting that his criminal history score should not...

State v. Fisher  
Date: April 22, 2016
Docket Number: 109706

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted second-degree murder and criminal damage to property. The Supreme Court affirmed Defendant’s conviction and sentence, holding (1) the prosecutor violated Doyle v....

State v. Patterson  
Date: April 22, 2016
Docket Number: 109995

Justia Opinion Summary: Defendant was charged with various firearm and drug-related crimes. Defendant filed numerous motions to suppress the evidence obtained during a search of a residence and a vehicle parked in the driveway. The district cou...

State v. Redmond  
Date: April 22, 2016
Docket Number: 110280

Justia Opinion Summary: In 2001, Appellant pled no contest to one count of indecent solicitation of a child fourteen to fifteen years old. Appellant was sentenced to a term of imprisonment, but the district court suspended the sentence and plac...

Doe v. Thompson  
Date: April 22, 2016
Docket Number: 110318

Justia Opinion Summary: In 2003, Plaintiff pled guilty to one count of indecent liberties with a minor. Plaintiff successfully completed his probation in 2006. At the time of his conviction, the Kansas Offender Registration Act (KORA) required...

State v. Mullen  
Date: April 22, 2016
Docket Number: 110468

Justia Opinion Summary: After a bench trial, Defendant was found guilty of possession with marijuana with the intent to distribute. Defendant appealed the denial of his motion to suppress evidence resulting from a search of a house where he was...

Keiswetter v. State  
Date: April 22, 2016
Docket Number: 110610

Justia Opinion Summary: Helen Keiswetter died from her injuries after a minimum-security inmate escaped from the State’s custody, entered her home, and forced her into a closet, where the inmate kicked her, causing her to fall and hit her head....

In re Fritz Disbarment
Date: April 22, 2016
Docket Number: 20619
In re Thompson Disbarment
Date: April 22, 2016
Docket Number: 9169
Wiechman v. Huddleston  
Date: April 15, 2016
Docket Number: 110656

Justia Opinion Summary: In 2008, Plaintiff settled his negligence case against Defendant. The district court dismissed the litigation for lack of prosecution later that year. More than four years later, Plaintiff filed a motion to set aside the...

State v. Shank  
Date: April 15, 2016
Docket Number: 112982

Justia Opinion Summary: Appellant pleaded guilty to first-degree murder, aggravated arson, and aggravated burglary. The district court sentenced Appellant to life for the murder conviction, fifty-nine months for aggravated arson, and thirty-two...

In re Hawkins - Eighteen-month suspension video
Date: April 15, 2016
Docket Number: 113579
In re Thurston - Published censure video
Date: April 15, 2016
Docket Number: 114543
State v. Dupree  
Date: April 8, 2016
Docket Number: 111518

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple crimes, including felony murder. The district court sentenced Defendant to life plus 142 months. The Supreme Court affirmed the convictions and sentences, holding (...

State v. Logsdon  
Date: April 1, 2016
Docket Number: 110415

Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional first-degree murder, felony murder, and related crimes. The district court imposed a life sentence with a minimum of fifty years for the first-degree murder conv...

In re Stockwell - Reinstatement
Date: March 29, 2016
Docket Number: 108929
State v. Jordan  
Date: March 25, 2016
Docket Number: 106409

Justia Opinion Summary: The State charged Defendant in two separate cases for conduct occurring in April 2010. In the first case, Defendant was found guilty of three of four charged offenses after a bench trial on stipulated facts, which includ...

State v. Shelly  
Date: March 25, 2016
Docket Number: 109292

Justia Opinion Summary: Defendant, along with his codefendant wife, entered a no contest plea to unlawful distribution of a drug precursor and unlawful possession of a drug precursor. Defense counsel did not file a timely direct appeal. After s...

State v. Perry  
Date: March 25, 2016
Docket Number: 109506

Justia Opinion Summary: Defendant, along with her codefendant husband, entered a no contest plea to one count of unlawful distribution of a drug precursor and one count of unlawful possession of a drug precursor. Defense counsel did not file a...

State v. Davisson  
Date: March 25, 2016
Docket Number: 109778

Justia Opinion Summary: In 2000, Defendant pled guilty to felony murder, aggravated kidnapping, and aggravated robbery. In 2011, Defendant filed a motion to withdraw his guilty plea under Kan. Stat. Ann. 22-3210(d). The district court dismissed...

In re Hardy video
Date: March 25, 2016
Docket Number: 114752
State v. Gray  
Date: March 18, 2016
Docket Number: 109912

Justia Opinion Summary: Appellant pleaded guilty to four counts of rape and one count of attempted rape. Appellant was sentenced to a term of imprisonment of fifteen years to life on each charge of rape, to run consecutively, and to five to twe...

State v. LaMae  
Date: March 11, 2016
Docket Number: 110940

Justia Opinion Summary: More than a dozen years after Appellant was convicted of first-degree felony murder and the underlying felony of manufacture of methamphetamine, Appellant filed a motion to correct an illegal sentence, arguing that the d...

State v. Brown  
Date: March 11, 2016
Docket Number: 111345

Justia Opinion Summary: After a jury trial, Defendant was convicted of two alternative counts of first-degree felony murder, attempt to commit aggravated robbery, aggravated burglary, and other criminal offenses. The district judge imposed a ha...

State v. Warrior  
Date: March 11, 2016
Docket Number: 111524

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and conspiracy to commit first-degree murder. The sentencing judge imposed a hard fifty life sentence upon finding that two aggravating factors existed....

In re Vaughn video
Date: March 4, 2016
Docket Number: 114582
State v. Wycoff  
Date: February 26, 2016
Docket Number: 110393

Justia Opinion Summary: Defendant was charged with driving under the influence, refusing to submit to an evidentiary test under Kan. Stat. Ann. 8-1025, and related offenses. Defendant filed a motion to dismiss or suppress evidence, arguing that...

State v. Nece  
Date: February 26, 2016
Docket Number: 111401

Justia Opinion Summary: Defendant was arrested for suspicion of driving under the influence. He was taken to the county jail, where he read an implied consent advisory advising him of the consequences if he refused to consent to a breath-alcoho...

State v. Ryce  
Date: February 26, 2016
Docket Number: 111698

Justia Opinion Summary: Defendant was arrested for suspicion of driving under the influence and transported to the county jail, where he refused to submit to a death test. The State charged Defendant with refusing to submit to testing for the p...

State v. Wilson  
Date: February 26, 2016
Docket Number: 112009

Justia Opinion Summary: Defendant was arrested under suspicion of driving while under the influence and taken to a law enforcement center. Defendant refused to provide a breath sample for testing, so a law enforcement officer applied for and re...

Bd. of Johnson County Comm'rs v. Jordan  
Date: February 24, 2016
Docket Number: 114827

Justia Opinion Summary: At dispute in this case was the statewide directive issued by David Harper, the Director of Property Valuation, to county appraisers requiring compliance with Kan. Stat. Ann. 79-1460. Under the statute, when a property o...

State v. Daws  
Date: February 19, 2016
Docket Number: 108716

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated burglary. Defendant appealed, arguing that his conviction should be reversed because the homeowner was not in the dwelling when Defendant entered it. The court of...

State v. Barlow  
Date: February 19, 2016
Docket Number: 108830

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted second-degree murder. Before sentencing, the district judge ruled that Defendant qualified for Stand-Your-Ground immunity from prosecution on the attempted second-...

In re Care & Treatment of Sykes  
Date: February 19, 2016
Docket Number: 108856

Justia Opinion Summary: Paul Sykes was convicted of burglary and aggravated sexual battery. Prior to the expiration of his sentence, the State filed a petition seeking to have Sykes adjudicated a sexually violent predator. Although Sykes was fo...

Norris v. Kan. Employment Security Bd. of Review  
Date: February 19, 2016
Docket Number: 109428

Justia Opinion Summary: After Appellant quit her job, a Kansas Department of Labor denied Appellant’s claim for unemployment benefits. The Kansas Employment Security Board of Review affirmed the examiner’s denial. Appellant filed a motion to re...

State v. Williams  
Date: February 12, 2016
Docket Number: 106645

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of criminal threat. The Supreme Court affirmed, holding (1) the district court did not err in instructing the jury on criminal threat by including two intended vi...

State v. Cooper  
Date: February 12, 2016
Docket Number: 106986

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated battery. The Supreme Court affirmed, holding (1) any error by the district court in answering a jury question with a written response in violation of Defendant’s...

State v. Smith  
Date: February 12, 2016
Docket Numbers: 107836, 107,837

Justia Opinion Summary: In Case 1, Defendant pled guilty to misdemeanor theft and three counts of forgery. In Case 2, Defendant pled guilty to possession of cocaine. In Case 3, Defendant pled guilty to eight counts of forgery and four counts of...

In re Minter - (Indefinite suspension) video
Date: February 12, 2016
Docket Number: 114463
Gannon v. State  
Date: February 11, 2016
Docket Number: 113267

Justia Opinion Summary: In Gannon I, the Supreme Court confirmed that Article 6 of the Kansas Constitution, which imposes a duty on the legislature to “make suitable provision for finance of the educational interests of the state,” contains bot...

State v. Smith  
Date: January 29, 2016
Docket Number: 112250

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to felony murder and aggravated robbery. More than seven years later, Defendant appealed his sentence and filed a motion to withdraw his pleas. The district court re...

State ex rel. Schmidt v. City of Wichita  
Date: January 22, 2016
Docket Number: 113528

Justia Opinion Summary: At issue in this case was a City of Wichita ordinance that reduces the severity level of a first-offense conviction for possession of marijuana under certain circumstances. Relying upon the Kansas initiative and referend...

State v. Hernandez  
Date: January 15, 2016
Docket Number: 108684

Justia Opinion Summary: After a jury trial, Defendant was found guilty of the rape, aggravated criminal sodomy, and aggravated battery of his thirteen-year-old daughter, C.H. Defendant appealed, arguing that insufficient evidence supported his...

State v. Seacat  
Date: January 15, 2016
Docket Number: 110360

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder, aggravated arson, and aggravated endangerment of a child. The Supreme Court affirmed, holding that the district court did not err in (1) gr...

State v. Hurley  
Date: January 8, 2016
Docket Number: 108735

Justia Opinion Summary: While Defendant was serving a nonprison sentence of probation with community corrections supervision in three cases, the State filed a motion to revoke Defendant’s probation. After a hearing, the district court stated th...

State v. Williams  
Date: January 8, 2016
Docket Number: 109353

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree premeditated murder. The district court imposed a hard twenty-five sentence. The Supreme Court affirmed, holding (1) the district court did not err in excluding...

State v. Williams  
Date: January 8, 2016
Docket Number: 112417

Justia Opinion Summary: Appellant pleaded no contest to first-degree murder in exchange for the dismissal of one count of attempted murder and one count of aggravated arson. After unsuccessfully seeking to withdraw her plea before sentencing, A...

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