1. McGinnes v. Wesley Medical Center (01/29/2010)
No. 99,896 IN THE COURT OF APPEALS OF THE STATE OF KANSAS SAMANTHA MCGINNES, et al., Appellants/Cross-appellees, v. WESLEY MEDICAL CENTER, Defendant, and ESTEPHAN N. ZAYAT, M.D., Appellee/Cross-ap...
2. State v. Fillman (01/29/2010)
NO. 100,075 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BARRY P. FILLMAN, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-3108(3)(a) prohibits the State from pursuing c...
3. In re Marriage of Wilson (01/29/2010)
No. 100,780 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE MARRIAGE OF: SHANNON M. WILSON, Appellee, AND BRUCE A. WILSON, Appellant. SYLLABUS BY THE COURT 1. Appellate courts r...
4. Hauptman v. WMC, Inc. Unpublished Opinions (01/29/2010)
No. 101,855 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ETHAN HAUPTMAN, As Surviving Spouse and Personal Representative of THE ESTATE OF JENNIFER HAUPTMAN, Deceased, Appellant, v. WMC, INC., d/b/a ...
5. Byrd v. Kansas Dept. of Revenue (01/15/2010)
Originally filed: January 15, 2010 Last Update: December 23, 2010 NO. 101,189 TYRON BYRD, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. SYLLABUS BY THE COURT 1. STATUTES--Interpretation--...
6. Poteet v. Kansas Dept. of Revenue (01/15/2010)
No. 101,9861 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DORIS POTEET, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. SYLLABUS BY THE COURT 1. Whether a law-enforcement officer has reasona...
7. Juenemann v. Kansas Dept. of Revenue (filed January 15, 2010) Published July 19, 2011Unpublished Opinions (01/15/2010)
Filed: January 15, 2010 Published: July 19, 2011 No. 101,3291 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CHELSEY ROSE JUENEMANN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. SYLLABUS BY...
8. Stechschulte v. Jennings (01/08/2010)
No. 100,648 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DANIEL J. STECHSCHULTE, JR., SATU S.A. STECHSCHULTE, and THE DANIEL J. STECHSCHULTE, JR. REVOCABLE TRUST, Appellants, v. A. DRUE JENNINGS,...
9. Steed v. McPherson Area Solid Waste Utility (01/08/2010)
No. 100,831 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DAVID STEED and JANICE STEED, Appellants, v. McPHERSON AREA SOLID WASTE UTILITY and JUSTIN L. GUNTER-NELSON, Appellees. SYLLABUS BY THE CO...
10. Hankin v. Graphic Technology, Inc. (01/08/2010)
No. 100,838 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARK HANKIN, Appellant, v. GRAPHIC TECHNOLOGY, INC., Appellee. SYLLABUS BY THE COURT 1. The question of whether a judgment from a sister s...
11. Duncan v. West Wichita Family Physicians (01/08/2010)
No. 101,040 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ERIN RENEE DUNCAN, AS ADMINISTRATRIX OF THE ESTATE OF JAMES JEFFERY DUNCAN, DECEASED; ERIN RENEE DUNCAN, AN HEIR AT LAW OF JAMES JEFFERY DU...
12. Ochs v. Federated Mut Ins Co. (01/08/2010)
No. 101,562 IN THE COURT OF APPEALS OF THE STATE OF KANSAS SCOTT OCHS, Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, Appellee. SYLLABUS BY THE COURT 1. When the pleadings, depositions, answers to...
13. Dick Properties, LLC v. Bowman Trust, et al. (01/08/2010)
No. 101,573 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DICK PROPERTIES, LLC, Appellant, v. PAUL H. BOWMAN TRUST, and LOUIS D. BOWMAN, SUCCESSOR TRUSTEE, Appellees. SYLLABUS BY THE COURT 1. A mi...
14. State v. Gallardo (02/26/2010)
No. 101,067 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ANANSTACIO DELEON GALLARDO, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 22-4902(c)(14) is construed and appli...
15. State v. Ralston (02/26/2010)
No. 101,440 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DAVID LEE RALSTON, JR., Appellant. SYLLABUS BY THE COURT 1. A district court's ruling on a defendant's moti...
16. Heflin v. Kansas City Kansas Community College (02/26/2010)
No. 101,891 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DR. RUTH J. HEFLIN, Appellant, v. KANSAS CITY KANSAS COMMUNITY COLLEGE, Appellee. SYLLABUS BY THE COURT 1. An appellate court's review of a...
17. Tyler v. Goodyear Tire & Rubber Co. (02/26/2010)
No. 102,236 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JONATHAN Z. TYLER, Appellant, v. GOODYEAR TIRE & RUBBER COMPANY and LIBERTY MUTUAL INSURANCE COMPANY, Appellees. SYLLABUS BY THE COURT K.S....
18. State v. Burdette (02/19/2010)
No. 101,288 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JORDAN KELLY BURDETTE, Appellant. SYLLABUS BY THE COURT 1. The accommodation of the privacy interests of sch...
19. State v. Blizzard (03/12/2010)
No. 99,914 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DARREN BLIZZARD, Appellant. SYLLABUS BY THE COURT 1. If any person charged with a crime and held to answer on...
20. Speed v. McKune (03/12/2010)
No. 103,036 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STACEY SPEED, Appellant, v. DAVID McKUNE, Warden, Appellee. SYLLABUS BY THE COURT 1. In an appeal from proceedings involving a prison inma...
21. State v. Weilert (03/05/2010)
No. 102,917 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. PAUL F. WEILERT, Appellee. SYLLABUS BY THE COURT When a driver refuses consent for law-enforcement testing ...
22. State v. Bowlin (04/30/2010)
No. 99,213 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KARL BOWLIN, Appellant. SYLLABUS BY THE COURT 1. A claim alleging ineffective assistance of counsel presents mi...
23. In re Marriage of Vandenberg (04/30/2010)
No. 101,745 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE MARRIAGE OF JEFFREY A. VANDENBERG, Appellant, and, LISA VANDENBERG, Appellee. SYLLABUS BY THE COURT 1. When a child cust...
24. Mortgage Electric Registration Systems v. Graham (04/30/2010)
No. 101,8481 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellee, v. MICHELLE C. GRAHAM and DAVID MARTINEZ, Appellants, v. COUNTRYWIDE HOME LOANS,...
25. State v. Barajas (04/22/2010)
No. 100,785 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-4711(e) requires the district court to classify...
26. State v. Whetstone (04/22/2010)
No. 101,157 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ERIC WHETSTONE, Appellant. SYLLABUS BY THE COURT 1. Multiplicity is the charging of a single offense in several...
27. Waste Connections of Kansas, Inc., v. Ritchie Corp. (04/22/2010)
Originally Filed: April 22, 2010 Amended: July 20, 2010 No. 101,812 IN THE COURT OF APPEALS OF THE STATE OF KANSAS WASTE CONNECTIONS OF KANSAS, INC., Appellant, v. RITCHIE CORPORATION, Appellee. SYL...
28. Martin v. Naik (04/15/2010)
No. 101,146 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MACIE MARTIN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CURLEY MARTIN, DECEASED, Appellant, v. SANDIP NAIK, M.D., and SPECIALTY HOS...
29. State v. LeClair (04/15/2010)
No. 101,201 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DOUGLAS LECLAIR, Appellant. SYLLABUS BY THE COURT 1. The purpose of the Kansas Offender Registration Act, K.S....
30. In re Paternity of Janzen (04/15/2010)
No. 102,133 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In The Matter of the Paternity of JESSICA J. JANZEN, an Adult DOB **/**/1988, Appellee, v. KENNETH A. JANZEN, Appellant, and DIANA KAY WILLIA...
31. Roles v. Boeing Co. Unpublished Opinions (04/15/2010)
No. 102,307 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KAREN C. ROLES, Claimant/Appellee, v. THE BOEING COMPANY, Respondent/Appellant, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Insurance...
32. State v. Cluck (04/08/2010)
No. 101,347 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ROBERT D. CLUCK, Appellant. SYLLABUS BY THE COURT 1. The belief of a questioning officer that the person bein...
33. Evenson v. Lilley (04/08/2010)
No. 102,100 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARK EVENSON and JANIS EVENSON, Appellants, v. TIM LILLEY, Appellee. SYLLABUS BY THE COURT The different means to measure the proper level o...
34. In re Tax Appeal of Dillon Real Estate Co. (04/08/2010)
No. 102,159 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE APPEAL OF DILLON REAL ESTATE CO., INC., and MISSION TOWNSHIP (CITY OF TOPEKA). SYLLABUS BY THE COURT 1. K.S.A. 2009 Supp...
35. Chatterton v. Roberts (04/08/2010)
No. 102,4661 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ROBERT CHATTERTON, Appellant, v. KEITH ROBERTS and PATRICIA K. LAMAR, Appellees. SYLLABUS BY THE COURT 1. For the Kansas savings statute, K....
36. Razorback Contractors of Kansas, Inc. v. Board. of Johnson County Comm'rs. (04/02/2010)
Original File Date: 04/02/2010 Last Modified Date: 05/18/2010 No. 101,131 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RAZORBACK CONTRACTORS OF KANSAS, INC., Appellant, v. THE BOARD OF COUNTY COMMI...
37. Tarlton v. Miller (04/02/2010)
No. 101,968 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KRIS T. TARLTON AND SARA L. TARLTON, Appellees, v. MILLER'S OF CLAFLIN, INC., AND S & H LUMBER CO., INC., Appellants, and KUSTOM FLOOR DESIGN...
38. Conrow v. Globe Engineering Co. and Federated Mutual Ins. Co. (05/28/2010)
No. 101,933 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STEVEN M. CONROW, Appellee, v. GLOBE ENGINEERING CO., INC., and FEDERATED MUTUAL INS. CO., Appellants, SYLLABUS BY THE COURT 1. In reviewing...
39. Kotnour v. City of Overland Park (05/28/2010)
No. 102,619 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JOHN KOTNOUR, Appellee, v. CITY OF OVERLAND PARK, Appellant. SYLLABUS BY THE COURT 1. Whether a claimant-employee has furnished timely notic...
40. State, ex rel. Secretary of SRS, et al. v. Kimbrel (05/21/2010)
No. 101,722 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, ex rel. SECRETARY OF SOCIAL AND REHABILITATION SERVICES, ALECIA TAYLOR, and J. L. K., BY AND THROUGH HIS NEXT FRIEND, ALECI...
41. State v. Dawson (05/21/2010)
No. 101,784 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ALCENA DAWSON, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 22-3504, which provides that the defendant shal...
42. Medina v. Bd. of Trustees of the Police & Fire Retirement Board of the City of Wichita, Ks. (05/21/2010)
No. 102,097 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ANGEL L. MEDINA, Appellant, v. BOARD OF TRUSTEES OF THE POLICE & FIRE RETIREMENT BOARD OF THE CITY OF WICHITA, KANSAS, Appellee. SYLLABUS BY...
43. Greathouse v. KSAB Risk Management Services (05/21/2010)
No. 102,6401 IN THE COURT OF APPEALS OF THE STATE OF KANSAS PAULA GREATHOUSE, DIRECTOR OF THE DIVISION OF WORKERS COMPENSATION, Appellant, v. KASB RISK MANAGEMENT SERVICES; KANSAS MUNICIPAL INSURANCE ...
44. Almack v. Steeley (05/14/2010)
No. 100,664 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RIC ALMACK, d/b/a RIC ALMACK ESTATE SALES & APPRAISALS, Appellant, v. JIM STEELEY, a/k/a JAMES W. STEELEY, d/b/a STEELEY & ASSOCIATES, Appell...
45. Milano (05/14/2010)
No. 102,114 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MILANO'S, INC., Appellant, v. KANSAS DEPT. OF LABOR, CONTRIBUTIONS UNIT, Appellee. SYLLABUS BY THE COURT 1. In reviewing a district court's ...
46. Cornerstone Homes v. Skinner (06/25/2010)
No. 101,058 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CORNERSTONE HOMES, LLC, Appellee, v. SHAWN D. SKINNER, GARY W. SKINNER, and ALBERTA E. SKINNER, Appellants, and FHL BANK, TOPEKA, and FORD MO...
47. Iron Mound v. Nueterra Healthcare Management (06/25/2010)
No. 101,647 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IRON MOUND, LLC, Appellant, v. NUETERRA HEALTHCARE MANAGEMENT, LLC, SUCCESSOR-IN-INTEREST OF ASC GROUP, LLC, Appellee. SYLLABUS BY THE COURT...
48. In re Tax Exempt Application of CLASS Homes I (06/25/2010)
No. 101,658 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE APPLICATION OF CLASS HOMES I, L.L.C. FOR EXEMPTION FROM AD VALOREM TAXATION IN LABETTE COUNTY, KANSAS, IN THE MATTER OF ...
49. State v. Kerestessy (06/25/2010)
No. 101,851 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. BRIAN E. KERESTESSY, Appellee. SYLLABUS BY THE COURT 1. When considering a trial court's ruling on a motion t...
50. State v. Hood (06/25/2010)
No. 101,953 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. PATRICK I. HOOD, Appellant. SYLLABUS BY THE COURT 1. Issues involving multiplicity and statutory interpretatio...
51. M West v. Oak Park Mall (06/18/2010)
No. 102,115 IN THE COURT OF APPEALS OF THE STATE OF KANSAS M WEST, INC., Appellant, v. OAK PARK MALL, L.L.C., and CINGULAR WIRELESS, L.L.C., Appellees. SYLLABUS BY THE COURT 1. When the pleadings, de...
52. Kannaday v. Ball (06/18/2010)
No. 102,359 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RACHEL KANNADAY, Appellee, v. CHARLES BALL, SPECIAL ADMINISTRATOR OF THE ESTATE OF STEPHANIE HOYT, DECEASED, Appellant. SYLLABUS BY THE COUR...
53. MartinManatee Power Partners v. Peerless Manufacturing (06/18/2010)
No. 102,582 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARTIN-MANATEE POWER PARTNERS, LLC, Plaintiff, v. PEERLESS MANUFACTURING CO., Appellant, v. CONTROLS INTERNATIONAL, INC., Appellee. SYLLABUS...
54. Ternes v. Galichia (06/11/2010)
Published: June 11, 2010 Last Modified: June 24, 2010 No. 101,666 IN THE COURT OF APPEALS OF THE STATE OF KANSAS HERMAN M. TERNES, Appellee, v. JOSEPH P. GALICHIA, M.D., Appellee, and ACCIDENT RECOVE...
55. Hartman v. City of Mission (06/11/2010)
No. 101,804 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ROBERT HARTMAN, Appellant, v. CITY OF MISSION, KANSAS, et al., Appellees. SYLLABUS BY THE COURT 1. The plaintiff in a lawsuit must have leg...
56. Farrar v. Mobil Oil Corp. (06/11/2010)
No. 103,009 IN THE COURT OF APPEALS OF THE STATE OF KANSAS WILLIE JEAN FARRAR and KEITH FARRAR, as cotrustees of the KEITH FARRAR REVOCABLE TRUST, dated October 22, 1999; JOHN ELDON GREGG and KEITH TH...
57. In re K.R. (06/11/2010)
Nos. 103,442 103,443 103,444 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE INTEREST OF: K.R., T.H., AND E.R., MINOR CHILDREN UNDER 18 YEARS OF AGE. SYLLABUS BY THE COURT 1. The presumptions se...
58. HM of Topeka v. Indian Country Mini Mart (07/30/2010)
IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 100,055 HM OF TOPEKA, LLC, a/k/a HM OF KANSAS, LLC, A Kansas Limited Liability Company, Appellant, v. INDIAN COUNTRY MINI MART, A Kansas General Part...
59. State v. Karson (07/30/2010)
No. 101,263 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DAVID CHRISTOPHER KARSON, Appellant. SYLLABUS BY THE COURT A police officer who conducts a search in reasonab...
60. In re K.P. (07/30/2010)
IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 103,602 In the Interest of K.P. SYLLABUS BY THE COURT 1. Our standard of review of a finding of parental unfitness is to determine whether, after re...
61. Merryfield v. Kansas Dept. of SRS (07/30/2010)
IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 103,750 DUSTIN J. MERRYFIELD, Appellant, v. KANSAS SOCIAL AND REHABILITATION SERVICES, and SECRETARY DON JORDAN, Appellees. SYLLABUS BY THE COURT 1...
62. Rucker v. DeLay (07/23/2010)
No. 101,766 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DONALD R. RUCKER and BARBARA L. RUCKER, Appellees, v. EARL R. DELAY and LEAH GRIFFITH DELAY, HENRY CHOQUETTE and RUTH MARY CHOQUETTE, LEIGH G...
63. Walder v. Board of Jackson County Comm'rs (07/23/2010)
No. 101,854 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CARL WALDER, EXECUTOR OF THE RICHARD T. WALDER ESTATE, on his behalf and THE HEIRS OF RICHARD T. WALDER, Appellant, v. THE BOARD OF COMMISSIO...
64. –In re Tax Appeal of Brocato (Previously filed as an unpublished opinion) (07/23/2010)
No. 102,5651 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE EQUALIZATION APPEAL OF JOSEPH J. BROCATO, FOR THE YEAR 2008 IN JOHNSON COUNTY, KANSAS SYLLABUS BY THE COURT 1. K.S.A....
65. Harrison v. Tauheed (07/16/2010)
Filed: July 16, 2010 Modified: July 19, 2010 No. 102,214 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MONICA HARRISON, now Mitchell, Next Friend and Natural Guardian of J.D.H., a Minor Child, Appel...
66. Gilman v. Blocks (07/09/2010)
No. 102,084 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JOHN O. GILMAN, et al., Appellants/Cross-appellees, v. GERARD BLOCKS, et al., Appellees/Cross-appellants. SYLLABUS BY THE COURT 1. The inter...
67. Westar Energy, Inc. v. Wittig (07/09/2010)
No. 102,579 IN THE COURT OF APPEALS OF THE STATE OF KANSAS WESTAR ENERGY, INC., Appellant/Cross-appellee, v. DAVID C. WITTIG, Appellee/Cross-appellant. SYLLABUS BY THE COURT 1. K.S.A. 17-6305 permits...
68. Wittig v. Westar Energy, Inc. (07/09/2010)
No. 102,746 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DAVID C. WITTIG, Appellant, v. WESTAR ENERGY, INC., Appellee. SYLLABUS BY THE COURT 1. The interpretation and legal effect of a written cont...
69. State v. Franklin (07/02/2010)
No. 102,195 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. WAYNE MICHAEL FRANKLIN, Appellant. SYLLABUS BY THE COURT 1. The term "dangerous weapon" used in the aggravated...
70. Tran v. Nguyen (08/27/2010)
No. 102,019 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ADAM TUANLOC TRAN, Appellant, v. QUANG HONG NGUYEN, Defendant, STEVEN D. HOHENSEE and XUAN HONG HOHENSEE, Appellees, and THE BOARD OF COUNTY ...
71. Sauls v. McKune (08/27/2010)
No. 103,262 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KEITH SAULS, Appellant, v. DAVID MCKUNE, Appellee. SYLLABUS BY THE COURT 1. Under K.S.A. 60-1501(b), an inmate who is challenging an action ...
72. Byers v. Snyder (08/20/2010)
Originally Filed: August 20, 2010 Last Revision: August 20, 2010 No. 101,382 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JIM BYERS and SUE BYERS, Appellants/Cross-appellees, v. DENNIS C. SNYDER an...
73. Estate of Mills v. Mangosing (08/20/2010)
No. 101,457 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ESTATE OF JEFFREY MILLS, by and through its Special Administrator, LARRY MILLS; CARRIE LYNN TUCKER, individually; and ELIZABETH MILLS, SADIE ...
74. State v. B. Miller (08/20/2010)
No. 102,677 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BRIAN MILLER, Appellant. SYLLABUS BY THE COURT 1. The extent of a criminal defendant's right to the assistance...
75. Shaha v. State (08/06/2010)
No. 100,902 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RATON K. SHAHA, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. K.S.A. 75-4351 et seq. is analyzed and applied. 2. In ap...
76. State v. Gamble (08/06/2010)
Original File Date: 08/06/2010 Last Revision: 09/28/2010 No. 101,880 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DONALD MICHAEL GAMBLE, Appellant. SYLLABUS BY THE CO...
77. State v. Hines (08/06/2010)
No. 102,233 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. MATTHEW M. HINES, Appellee. SYLLABUS BY THE COURT 1. In determining whether a case presents substantial and c...
78. Palmer v. Bill Gallagher Enterprises (09/24/2010)
No. 102,150 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CHARLES F. PALMER and DOLORES PALMER, husband and wife, Appellees/Cross-appellants, v. BILL GALLAGHER ENTERPRISES, L.L.C., Appellant/Cross-ap...
79. Kopp v. Kopp (09/24/2010)
No. 102,247 IN THE COURT OF APPEALS OF THE STATE OF KANSAS EARL E. KOPP and CAROLYN KOPP, Appellants, v. PAUL L. KOPP, Appellee. SYLLABUS BY THE COURT 1. As a general rule, when the parties have agree...
80. Hemphill v. Shore (09/24/2010)
No. 102,938 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DANIEL L. HEMPHILL, Appellant, v. JAY F. SHORE, Trustee of the SHORE FAMILY TRUST, Appellee. SYLLABUS BY THE COURT 1. When a trial court has...
81. State v. Goff (09/17/2010)
No. 102,369 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KENNETH S. GOFF, Appellant. SYLLABUS BY THE COURT 1. If an officer detects the odor of raw marijuana emanatin...
82. Henke v. Kansas Dept of Revenue (09/17/2010)
No. 102,4861 IN THE COURT OF APPEALS OF THE STATE OF KANSAS TATE W. HENKE, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. SYLLABUS BY THE COURT 1. Interpretation of a statute is a question of ...
83. State v. Howard (09/10/2010)
No. 101,824 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JOHN D. HOWARD, Appellant. SYLLABUS BY THE COURT 1. The issue of subject matter jurisdiction may be raised at ...
84. In re Tax Appeal of Lipson (09/10/2010)
IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 102,648 IN THE MATTER OF THE EQUALIZATION APPEAL OF LIPSON, EDWARD A., FOR THE YEAR 2008 IN MORRIS COUNTY, KANSAS. SYLLABUS BY THE COURT 1. The gener...
85. In re Tax Exemption Application of Kouri Place (09/03/2010)
Original File Date: September 3, 2010 Last Revision: September 9, 2010 No. 101,648 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE APPLICATION FOR TAX EXEMPTION OF KOURI PLACE, L....
86. State v. Atteberry (09/03/2010)
No. 102,060 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DONALD G. ATTEBERRY, Appellant. SYLLABUS BY THE COURT 1. Generally, three factors are considered in evaluating...
87. Barnett v. Kansas Dept. of Revenue (09/03/2010)
Original File Date: September 3, 2010 Last Revision: September 8, 2010 No. 102,474 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DUSTIN R. BARNETT, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appell...
88. In re Marriage of Hall (09/03/2010)
No. 102,7671 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE MARRIAGE OF NICHOLE HALL, n/k/a LICHLYTER, Appellee, and RONALD D. HALL, JR., Appellee. ANDREA LEFFEW, maternal grandm...
89. Hardaway v. Larned Correctional Facility (09/03/2010)
No. 103,609 IN THE COURT OF APPEALS OF THE STATE OF KANSAS TYRON L. HARDAWAY, Appellant, v. LARNED CORRECTIONAL FACILITY, et al., Appellees. SYLLABUS BY THE COURT An inmate has not yet suffered a de...
90. State v. CalderonAparicio (10/29/2010)
No. 101,299 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. RUBEN CALDERON-APARICIO, Appellant. SYLLABUS BY THE COURT 1. When a defendant challenges the sufficiency of th...
91. Deutsche Bank National Trust Co. v. Sumner (10/29/2010)
No. 101,424 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DEUTSCHE BANK NATIONAL TRUST CO. Appellee, v. DOUGLAS SUMNER, et al., Appellants, and BOARD OF COUNTY COMMISSIONERS OF RENO COUNTY, et al., D...
92. State v. Diaz (10/29/2010)
No. 101,818 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TERRY LEE DIAZ, Appellant. SYLLABUS BY THE COURT 1. A mistake of fact is a defense if it negates the crime's ...
93. L.E.H. v. Kansas Dept. of SRS (10/22/2010)
No. 100,893 IN THE COURT OF APPEALS OF THE STATE OF KANSAS L.E.H., a Minor Child, by and through D.H., Appellant, v. STATE OF KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee. SYLLAB...
94. Anguiano v. Larry's Electrical Contracting (10/22/2010)
No. 103,374 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ANTHONY ANGUIANO, Deceased, Appellee, v. LARRY'S ELECTRICAL CONTRACTING L.L.C. and CONTINENTAL WESTERN INS., CO., Appellees, and TASHA ANGUIA...
95. Merryfield v. State (10/22/2010)
No. 103,394 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DUSTIN J. MERRYFIELD, Appellant, v. STATE OF KANSAS, et al., Appellees. SYLLABUS BY THE COURT 1. A person involuntarily confined in the Kan...
96. In re Estate of Heiman (10/15/2010)
Original File Date: October 15, 2010 Last Updated: November 22, 2010 No. 103,047 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE ESTATE OF HELEN M. HEIMAN, DECEASED. SYLLABUS BY ...
97. Newcastle Homes v. Thye (10/15/2010)
No. 103,205 IN THE COURT OF APPEALS OF THE STATE OF KANSAS NEWCASTLE HOMES, LLC, Appellant, v. DENNIS F. THYE and DIANNA L. THYE, Appellees, and THOMAS J. DRESSLER and ALPHA HOMES, LLC, Defendants. S...
98. State v. Knight (MODIFIED) (10/08/2010)
No. 100,167 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MICHAEL LORENZO KNIGHT, JR., Appellant. SYLLABUS BY THE COURT 1. An appellate court reviews the trial court's ...
99. Shirley v. Glass (10/08/2010)
Original File Date: October 8, 2010 Last Update: October 15, 2010 No. 102,570 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ELIZABETH SHIRLEY, as MOTHER and NEXT FRIEND for ZEUS GRAHAM, Appellant, v...
100. State v. Galyardt (10/08/2010)
No. 102,635 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ROBIN ROBERT GALYARDT, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 22-2401a is analyzed and applied. 2. A two-s...