1. In re Care & Treatment of Ontiberos (01/28/2011)
No. 100,362 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In the Matter of the Care and Treatment of ROBERT C. ONTIBEROS. SYLLABUS BY THE COURT 1. Because there is a statutory right to court-appoi...
2. State v. Aguirre (01/07/2011)
No. 101,337 No. 101,338 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JUAN M. AGUIRRE, Appellant. SYLLABUS BY THE COURT 1. An appellate court applies the abuse of discr...
3. State v. Sawyer (01/07/2011)
No. 101,624 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MYOUN SAWYER, Appellant. SYLLABUS BY THE COURT Before an appellate court will overturn a criminal proceeding ...
4. State v. Black 1999 Lexus ES300 (01/07/2011)
No. 102,286 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BLACK 1999 LEXUS ES300, VIN JT8BF28G6X5060235, Appellant. SYLLABUS BY THE COURT When considering whether a pr...
5. Simmons v. Porter, et al. (01/07/2011)
No. 102,662 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ADAM SIMMONS, Appellant, v. RICHARD W. PORTER and SARAH M. PORTER, D/B/A PORTER FARMS, Appellees. SYLLABUS BY THE COURT 1. The defense of ass...
6. State v. West (Previously filed as an unpublished opinion) (01/07/2011)
No. 103,2241 No. 103,225 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BRODRICK N. WEST, Appellant. SYLLABUS BY THE COURT 1. The rule of law-of-the-case typically bars ...
7. Snider v. American Family Ins. Co. (01/07/2011)
No. 103,340 IN THE COURT OF APPEALS OF THE STATE OF KANSAS EUGENE WAYNE SNIDER, d/b/a WEST HEATING & COOLING, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Appellee. SYLLABUS BY THE COURT 1. Wh...
8. State v. Kacsir. (02/25/2011)
No. 102,559 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. STEPHANIE ANNE KACSIR, Appellant. SYLLABUS BY THE COURT 1. An encounter between a citizen and a law enforcemen...
9. State v. Grossman. (02/25/2011)
No. 102,644 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. PATRICK B. GROSSMAN, Appellant. SYLLABUS BY THE COURT 1. This court has unlimited review when determining wheth...
10. Vontress v. State. (02/25/2011)
No. 102,904 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DAMON VONTRESS, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. The 1-year time limitation in K.S.A. 60-1507(f)(1) may be ...
11. Eggeson v. DeLuca. (02/25/2011)
No. 103,728 IN THE COURT OF APPEALS OF THE STATE OF KANSAS HARRIET F. EGGESON, Appellee, v. GERTRUDE DELUCA, Appellant. SYLLABUS BY THE COURT 1. This court's standard of review in summary judgment ca...
13. Via Christi Regional Med. Center, Inc. v. Reed (02/18/2011)
Updated: March 01, 2011 No. 101,690 IN THE COURT OF APPEALS OF THE STATE OF KANSAS VIA CHRISTI REGIONAL MEDICAL CENTER, INC., Appellee, v. IVAN M. REED, Appellant, and PATTERSON GOTT & BURK, L.C., as...
14. OldsCarter v. Lakeshore Farms, Inc. (02/18/2011)
No. 104,047 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARGARET LEANN OLDS-CARTER, Appellee, v. LAKESHORE FARMS, INC., and THE KANSAS WORKERS COMPENSATION FUND, Appellants. SYLLABUS BY THE COURT ...
15. Thoroughbred Assoc's. v. Kansas City Royalty Co. (02/11/2011)
No. 102,598 IN THE COURT OF APPEALS OF THE STATE OF KANSAS THOROUGHBRED ASSOCIATES, L.L.C., et al., Appellants/Cross-appellees, v. KANSAS CITY ROYALTY COMPANY, L.L.C.; ROBERT E. THOMAS REVOCABLE TRUST...
16. State v. Edgar. (02/11/2011)
No. 103,028 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BRUNO EDGAR, Appellant. SYLLABUS BY THE COURT 1. On a motion to suppress evidence, an appellate court reviews ...
17. Crowther v. State. (03/25/2011)
No. 102,923 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DAVID CROWTHER, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. Claims not raised on appeal are deemed waived or abandoned...
18. State V. Gray103456 Wayman v. Accor North American, Inc., et al.103476 State v. Witten (03/18/2011)
No. 101,481 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. CLAUDIE GRAY, Appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 22-3421, a party in a criminal case has the bur...
19. State v. Cook.102713 State v. McCammon.102715 State v. Simmons. (Clarified: March 29, 2011) 103343 State v. Cummings. (03/04/2011)
No. 102,375 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DANIEL RAY COOK, Appellant. SYLLABUS BY THE COURT 1. Subject to K.S.A. 60-447, evidence that a person committed...
20. Sprint v. Kansas Corporation Comm'n (03/02/2011)
No. 105,571 IN THE COURT OF APPEALS OF THE STATE OF KANSAS SPRINT COMMUNICATIONS COMPANY, L.P., SPRINT NEXTEL CORPORATION, SPRINT UNITED MANAGEMENT COMPANY, SPRINT CORPORATION, MENORAH MEDICAL CENTER,...
21. McDaniel v. Southwestern Bell, Inc.103993 In re Tax Exemption Application of American Legion Post No. 81. (04/29/2011)
Filed: April 29, 2011 Corrected: May 02, 2011 No. 103,038 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CHRISTOPHER MCDANIEL and NANCY MULBERRY f/k/a NANCY MCDANIEL, Appellants, v. SOUTHWESTERN BELL...
22. State v. Turner.102541 Partridge v. Mong.102910 State v. ChavezAguilar.103216 State v. Phillips.104321 Hall v. Shelter Mutual Ins. Co. (04/22/2011)
No. 102,478 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. RODNEY L. TURNER, Appellee. SYLLABUS BY THE COURT 1. The dismissal of an indictment based on grand jury abuse...
23. State v. Plummer.102681 State v. Hogan.103462 Edwards v. Anderson Energy, Inc.. (04/15/2011)
No. 101,684 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DOUGLAS S. PLUMMER, Appellant. SYLLABUS BY THE COURT 1. When a criminal defendant has requested a jury instruc...
24. State v. Mitchell.102290 State v. Barnes.102511 Louisburg Building & Development Co. v. Albright.102985 Trevizo v. El Gaucho Steakhouse, et al.104727 In re Adoption of I.H.H.L. (04/08/2011)
No. 101,611 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. LEON MITCHELL, III, Appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 22-3423(1)(c), a district court may order ...
25. State v. Silhan.103714 Siler v. U.S.D. No. 512. (04/01/2011)
No. 102,249 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ROBERT SILHAN, Appellant. SYLLABUS BY THE COURT 1. A court may permit a defendant to withdraw a plea after sent...
26. Stabel v. Meyer.103525 In re Marriage of Strieby and Strieby.104361 Schneider v. Liberty Asset Management. (05/27/2011)
No. 103,285 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CHRISTOPHER STABEL and KAMRYN ALVIA MEYER, A Minor Child, By and Through Her Next Friend, CHRISTOPHER STABEL, Appellees, v. JESSIKA LEIGH MEY...
27. Porter v. Wells Fargo Bank.103969 State v. Long. (05/20/2011)
No. 103,323 IN THE COURT OF APPEALS OF THE STATE OF KANSAS WILLIAM S. PORTER and BURGER O'ROURKE, INC., d/b/a SERVPRO OF BARTLESVILLE/MIAMI, Appellees, v. WELLS FARGO BANK, N.A., Appellant. SYLLABUS B...
28. State v. Everest 104490 Bohanon v. Werholtz (Filed May 13, 2011) Published July 15, 2011 (05/13/2011)
No. 102,720 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ARVIND EVEREST, Appellant. SYLLABUS BY THE COURT 1. The contemporaneous objection rule applies in order to pre...
29. Sauls v. McKune (Modified opinion) Original opinion filed August 27, 2010) (05/09/2011)
Modified Opinion 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 chal...
30. Wright v. Sourk. (05/06/2011)
No. 102,627 IN THE COURT OF APPEALS OF THE STATE OF KANSAS BRIAN WRIGHT and JODY WRIGHT, Appellees, v. CAROLYN KAY SOURK, Appellant. SYLLABUS BY THE COURT 1. A party may obtain title to real estate t...
31. Katz v. Kansas Dept. of Revenue. (05/06/2011)
No. 103,667 IN THE COURT OF APPEALS OF THE STATE OF KANSAS BRYCE J. KATZ, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. SYLLABUS BY THE COURT 1. Issues of statutory and constitutional interpr...
32. State v. Hand. (05/06/2011)
No. 103,677 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ADAM L. HAND, Appellant. SYLLABUS BY THE COURT 1. While a trial court acts in its sound discretion in a crimin...
33. State v. PerryCoutcher. Unpublished Opinions (05/06/2011)
No. 104,222 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. SANDRA PERRY-COUTCHER, Appellant. SYLLABUS BY THE COURT 1. The mandatory drug treatment program outlined in K....
34. Stinemetz v. Kansas Health Policy Authority. (05/04/2011)
No. 105,366 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARY D. STINEMETZ, Appellant, v. KANSAS HEALTH POLICY AUTHORITY, Appellee. SYLLABUS BY THE COURT 1. In an appeal from a decision by an admin...
35. State v. Powell.102792 (06/24/2011)
No. 102,749 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. RYAN POWELL, Appellant. SYLLABUS BY THE COURT 1. The United States Supreme Court has held in United States v. ...
36. State v. Dillon.103368 State v. Bannon. (06/17/2011)
No. 102,724 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. WILLIAM D. DILLON, Appellant. SYLLABUS BY THE COURT Under K.S.A. 21-4721(c)(1), appellate courts do not have j...
37. State v. Lee.103358 State v. Ralston.103379 State v. Orloske.103457 Three Kings Holdings v. Six. (Corrected July 07, 2011) 105017 In re H.N. (06/10/2011)
No. 102,004 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DERRICK LEE, Appellant. SYLLABUS BY THE COURT 1. Whether legislation is unconstitutionally vague is a question...
38. Mangus v. Stump (updated June 6, 2011) (06/03/2011)
Updated: June 06, 2011 No. 105,040 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DANNY MANGUS, Appellee, v. HARL G. STUMP, M.D. and VICTOR M. EDDY, M.D., Appellants. SYLLABUS BY THE COURT 1. A dist...
39. Bank of America v. Narula.104046 State v. Nye.104309 State v. Jackson (07/29/2011)
No. 102,853 IN THE COURT OF APPEALS OF THE STATE OF KANSAS BANK OF AMERICA, N.A., Appellant, v. SANJIV NARULA, INDUBALA NARULA, and PROMOTIONAL RESOURCES, INC., Appellees. SYLLABUS BY THE COURT 1. An...
40. State ex rel. Bremby v. Lindemuth, Inc. (Previously filed as an unpublished opinion) (07/22/2011)
No. 104,7691 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS ex rel. RODERICK L. BREMBY, Secretary, Kansas Department of Health and Environment, Appellee, v. LINDEMUTH, INC., Appellant....
42. State v. Williams.103762 City of Overland Park v. Rhodes.104732 Gustin v. Payless Shoesource, Inc.(Updated July 12, 2011)104740 In re Baby Girl B.104995 City of Mulvane v. Henderson (07/08/2011)
No. 102,036 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MARLIN WILLIAMS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-3447(a)(2) is not unconstitutionally overbroad. ...
43. State v. Rollins104623 State v. Hamilton (07/01/2011)
No. 103,124 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. SHANNON J. ROLLINS Appellant. SYALLABUS BY THE COURT 1. Jury unanimity is a question of law over which this co...
44. Leffel v. City of Mission Hills (Previously filed as an unpublished opinion Published February 6, 2012) 104083 State v. Foster.104246 Estate of Belden v. Brown County (Updated August 30, 2011) 104274 (08/26/2011)
No. 103,8801 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RUSSELL LEFFEL and PAULA LEFFEL, Appellants, v. CITY OF MISSION HILLS, KANSAS, and CITY OF MISSION HILLS, KANSAS, BOARD OF ZONING APPEALS, ...
45. State v. Brown. (CORRECTED March 22, 2012)105623 In re K.E. (08/19/2011)
Updated March 22, 2012 CORRECTED OPINION No. 104,865 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JASON LEE MARTIN BROWN, Appellant. SYLLABUS BY THE COURT 1. When the...
46. Baggett v. Board of Douglas County Comm (09/30/2011)
No. 104,441 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JAMES BAGGETT, et al., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, Appellee, and MASTERCRAFT CORPORATION, A K...
47. Chelf v. State.104000 Lightner v. Lightner (Corrected September 23, 2011)104081 State v. Brown.104654 State v. Benavides.105689 State v. Whitt. (09/23/2011)
No. 103,450 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JAMES CHELF, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. K.S.A. 75-52,138 provides that any inmate in the custody of t...
48. State v. Stevenson.104429 Bell v. State.104553 Vallejo v. BNSF Railway Company (Corrected September 27, 2011) 104835 Daggett v. Board of Public Utilities. (09/16/2011)
No. 104,115 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ROBERT STEVENSON, Appellant. SYLLABUS BY THE COURT 1. Following a traffic stop, a warrantless search of an aut...
49. State v. Crawford.104280 Brown v. ConocoPhillips Pipeline Company (Previously Unpublished)104316 Stanley Bank v. Parish.104342 Crone v. Nuss.104412 Chriestenson v. Russell Stover Candies104837 Crawfor (09/09/2011)
No. 103,881 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KENNETH D. CRAWFORD, Appellant. SYLLABUS BY THE COURT 1. Generally, issues not raised before the district cour...
50. State v. Hamon.103190 Canyon Creek Development v. Fox.103786 State v. Johnson (09/02/2011)
No. 101,954 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. CHRISTOPHER M. HAMON, Appellant. SYLLABUS BY THE COURT 1. In determining if probable cause exists for the issu...
51. State v. Grebe (10/28/2011)
No. 104,144 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DEAN A. GREBE, Appellant. SYLLABUS BY THE COURT 1. How to construe and apply a statute governing the impositio...
52. State v. Waldrup.104318 Denning v. Johnson County Sheriff's Civil Service Board. (10/21/2011)
No. 103,936 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JACOB WALDRUP, Appellant. SYLLABUS BY THE COURT 1. In an alternative means case, where a single offense may be...
53. State v. Ottinger (10/14/2011)
No. 104,364 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TROY OTTINGER, Appellant. SYLLABUS BY THE COURT 1. On appeal, the question of whether the defense of compulsio...
54. State v. Brooks.104748 Freebird, Inc. v. Cimarex Energy Co. (10/07/2011)
No. 102,452 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. GEORGE JAMES BROOKS, III, Appellant. SYLLABUS BY THE COURT 1. If a criminal statute describes alternative mean...
55. Nilges v. State. (11/23/2011)
No. 105,787 IN THE COURT OF APPEALS OF THE STATE OF KANSAS LEO NILGES, Appellant, v. STATE OF KANSAS and STATE SELF INSURANCE FUND, Appellees. SYLLABUS BY THE COURT 1. An appellate court has unlimite...
56. State v. Stephens.105442 Wagner v. State.105598 State v. Johnson. (11/18/2011)
No. 105,156 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KRISTOPHER JAY STEPHENS, Appellant. SYLLABUS BY THE COURT 1. When a criminal defendant claims he or she is ent...
57. In re Care & Treatment of Palmer.104631 In re Tax Appeals of EOG Resources, Inc.105353 Turner v. Kansas Dept. of Revenue.105435 State v. Harris. (11/10/2011)
No. 103,964 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE CARE AND TREATMENT OF MARK PALMER. SYLLABUS BY THE COURT 1. A trial court's determination of probable cause under the Se...
58. Wheatland Electric Cooperative v. Polansky103397 State v. Enriquez104149 State v. Schreiner104676 State v. Richardson (11/04/2011)
No. 102,881 No. 102,933 IN THE COURT OF APPEALS OF THE STATE OF KANSAS WHEATLAND ELECTRIC COOPERATIVE, INC., Appellee, v. ADRIAN POLANSKY, SECRETARY, KANSAS DEPARTMENT OF AGRICULTURE, DIVISION OF WATE...
59. State v. Oram105560 State v. Dunlap (12/02/2011)
No. 104,163 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MISTY A. ORAM, Appellant. SYLLABUS BY THE COURT 1. In reviewing the trial court's ruling on a motion to suppre...