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66. Shamberg, Johnson & Bergman, Chtd., v. Oliver (10/30/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 97,584 SHAMBERG, JOHNSON & BERGMAN, CHTD., Plaintiff, v. MICHAEL P. OLIVER, Appellant, and WALLACE, SAUNDERS, AUSTIN, BROWN & ENOCHS, CHTD., Appellee. ...

67. Zimmerman v. Board of Wabaunsee County Comm'rs (10/30/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,487 ROGER ZIMMERMAN, ET AL., Appellants/Cross-appellees, and A.B. HUDSON AND LARRY FRENCH, Intervenors/Appellants/Cross-appellees. v. BOARD OF COUNTY...

68. State v. Raschke (10/30/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,861 STATE OF KANSAS, Appellee, v. DARREN L. RASCHKE, Appellant. SYLLABUS BY THE COURT 1. A sentence is not unconstitutional under Apprendi v. New ...

69. – State v. Seward (10/02/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 100,263 STATE OF KANSAS, Appellee, v. ROY SEWARD, Appellant. SYLLABUS BY THE COURT 1. A constitutional issue generally cannot be asserted for the firs...

70. Padron v. Lopez (11/25/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS NO. 100,763 ORLANDO PADRON and HLMP AVIATION CORP., Appellants, V. HERNAN LOPEZ; PTC AVIATION CORPORATION; 1ST SOURCE BANK; and JOHN DOE, Defendants, and D...

71. In re Tluscik (11/25/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 102,924 In the Matter of RUSSELL E. TLUSCIK, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed November 25...

72. In re Shepherd (11/25/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 102,925 In The Matter of KEVIN PETER SHEPHERD, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed November ...

73. State v. Appleby (11/20/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS NO. 98,017 STATE OF KANSAS, Appellee, V. BENJAMIN A. APPLEBY, Appellant. SYLLABUS BY THE COURT 1. When an appellate court reviews a ruling relating to a...

74. Rowland v. State (11/20/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,351 JERRY L. ROWLAND, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. When a district judge has appointed counsel and conducted a ...

75. State v. Ballard (11/06/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 100,057 STATE OF KANSAS, Appellee, v. JASON BALLARD, Appellant. SYLLABUS BY THE COURT 1. 2. 3. Jurisdiction is a question of law over which we have u...

76. S.M. v. Johnson (12/24/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 101,472 S.M., Petitioner, v. JOSEPH D. JOHNSON, SHAWNEE COUNTY DISTRICT JUDGE, AND STATE OF KANSAS, Respondents. SYLLABUS BY THE COURT 1. To detain a ...

77. Unruh v. Purina Mills. (12/11/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 97,494 KENNETH E. UNRUH AND ROBERT K. CARTER, Appellees, v. PURINA MILLS, LLC, Appellant. SYLLABUS BY THE COURT 1. The standard of review for a distri...

78. In re Tax Appeal of Mental Health Ass'n of the Heartland (12/11/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,956 IN THE MATTER OF THE APPEAL OF THE MENTAL HEALTH ASSOCIATION OF THE HEARTLAND FOR EXEMPTION FROM AD VALOREM TAXATION IN LEAVENWORTH COUNTY, KANSA...

79. State v. Wells (12/11/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,813 STATE OF KANSAS, Appellee, v. JEREMY JOSEPH WELLS, Appellant. SYLLABUS BY THE COURT 1. Determining whether evidence was properly admitted pursua...

80. State v. Hollingsworth (12/11/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,961 STATE OF KANSAS, Appellee, v. CHARLES LLOYD HOLLINGSWORTH, III, Appellant. SYLLABUS BY THE COURT 1. To determine whether a confession is given v...

81. Southwestern Bell Tele. Co. v. Beachner Constr. (12/11/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 101,153 SOUTHWESTERN BELL TELEPHONE CO. D/B/A AT&T KANSAS, Appellee, v. BEACHNER CONSTRUCTION COMPANY, INC., Appellant. SYLLABUS BY THE COURT 1. The in...

82. State v. Ellmaker (12/04/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,110 STATE OF KANSAS, Appellee, v. ANDREW RAMEY ELLMAKER, Appellant. SYLLABUS BY THE COURT 1. Where a trial objection to a jury instruction is differ...

83. State v. Mondragon (12/04/2009)

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 100,510 STATE OF KANSAS, Appellee, v. JOE N. MONDRAGON, Appellant. SYLLABUS BY THE COURT 1. When an appellate court reviews a district court's determin...

84. Weber v. Board of Marshall County Comm'rs (12/04/2009)

THE SUPREME COURT OF THE STATE OF KANSAS NOS. 100,846 100,847 LINDA WEBER, In Her Capacity as Marshall County Treasurer Appellee, v. BOARD OF COUNTY COMMISSIONERS OF MARSHALL COUNTY, KANSAS, Appellant...

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