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Kansas Supreme Court Blog

  • Decision: Moser v. KDoR

    August 28th. The Kansas Supreme Court has issued its opinion in Moser v. Kansas Department of Revenue (No. 96,734) an appeal from a suspension of a driving license. In a unanimous opinion, written by Justice Lee Johnson, the court held that an administrative appeal against a driving license suspension must [...]
    Posted: September 04, 2009, 7:00am EDT
    by kscblog
  • Decision: Landmark National Bank v. Kesler

    Number of comments: 1
    August 28th. The Kansas Supreme Court has issued its opinion in Landmark National Bank v. Kesler (No. 98,489), a complex foreclosure proceeding. In a unanimous opinion, written by Justice Eric Rosen, the Court held that under the circumstances of this case the second-mortgage holder could not undo the foreclosure that [...]
    Posted: September 04, 2009, 12:00am EDT
    by kscblog
  • Decision: Philips v. St Paul Marine & Fire

    August 28th. The Kansas Supreme Court has issued its decision in Phillips v. St Paul Marine and Fire Insurance Company (No. 97,806), a coverage dispute. In a unanimous opinion, written by Justice Carol Beier, the Court held that the plain wording of KSA 40-284(c) meant that the Wyandotte County Government’s [...]
    Posted: September 01, 2009, 12:00pm EDT
    by kscblog
  • Decision: State v. Leshay

    August 28th. The Kansas Supreme Court has issued its opinion in State v. Leshay (No. 99,725), an appeal of a dismissal of drug charges in District Court. In a unanimous decision, written by Justice Lee Johnson, the Court held that the Sixth Amendment Right to Confront one’s accusers does not [...]
    Posted: September 01, 2009, 7:00am EDT
    by kscblog
  • Decision: State v. Trussell

    August 21. The Kansas Supreme Court has issued its opinion in State v. Trussell (No. 99,411) a murder-conspiracy case that reads like something from a TV show. In a unanimous decision, written by Justice Lee Johnson, the Court affirmed Jerry Trussell’s convictions arising out of the 1997 murder of his [...]
    Posted: August 26, 2009, 10:00pm EDT
    by kscblog
  • Decision: State v. Case

    August 7th. The Kansas Supreme Court has issued its decision in State v. Case (No. 98,077) a sex-offender sentencing appeal. In a unanimous opinion, written by Justice Lawton Nuss, the Court vacated Christopher Case’s sentence for aggravated endangering of a child, finding that under the conditions of his guilty plea [...]
    Posted: August 21, 2009, 12:00am EDT
    by kscblog
  • Decision: State v. Easterling

    August 7th. The Kansas Supreme Court has issued its opinion in State v. Easterling (No. 100,454) a Jessica’s Law Sentencing Appeal. In a unanimous opinion, written by Justice Lee Johnson, the Court upheld David Easterling’s sentence to life without parole for 25 years, for the molestation of his granddaughter. David Easterling [...]
    Posted: August 17, 2009, 8:36pm EDT
    by kscblog
  • Commentary: Has the Kansas Supreme Court quietly hobbled Jessica’s Law?

    Number of comments: 3
    On July 2nd 2009, the Kansas Supreme Court handed down State v. Bello, in which it ruled that Juan Jose Bello’s life without parole for 25 years sentence under Jessica’s Law was invalid because his age had not been presented to the Jury to be proven beyond a reasonable doubt. [...]
    Posted: August 17, 2009, 11:00pm EDT
    by kscblog
  • Decision: State v. Morningstar

    August 14th. The Kansas Supreme Court has issued its decision in State v. Morningstar (No. 99,788) an appeal arising from a child abuse prosecution. In a unanimous opinion, written by Justice Dan Biles, the Court upheld the conviction of Gary Morningstar for the rape of his six-month old daughter but [...]
    Posted: August 16, 2009, 10:30pm EDT
    by kscblog
  • Write-ups pending

    August 16th. We still have two decisions from August 7th to cover, but due to the wider impact of some recent Jessica’s Law cases and the August 14th decision in State v. Morningstar we will be covering that case first. [...]
    Posted: August 16, 2009, 9:56pm EDT
    by kscblog
  • Decision: State v. Raiburn

    July 24th. The Kansas Supreme Court has issued its decision in State v. Raiburn (No. 95,908), concerning the Common Law concept of fugitive disentitlement. In a unanimous opinion, written by Justice Eric Rosen, the Court held that an appellate court can dismiss an appeal by someone who absconds while it [...]
    Posted: August 14, 2009, 9:00am EDT
    by kscblog
  • Decision: State v. Schultz

    July 24th. The Kansas Supreme Court has issued its opinion in State v. Schultz (No. 98,727) a state appeal against the suppression of physical evidence following a failure to deliver Miranda warnings to an alleged Topeka drug dealer. In a unanimous opinion, written by Justice Carol Beier, the Court held [...]
    Posted: August 13, 2009, 10:00pm EDT
    by kscblog
  • Decision: State v. Gonzales

    Number of comments: 1
    July 24th. The Kansas Supreme Court has issued its opinion in State v. Gonzales (No. 99,657) a child sex abuse case. In a unanimous opinion, written by Justice Marla Luckert the Court affirmed Gerald Gonzales’ convictions for aggravated indecent liberties with a child, rejecting his complaint of ineffective assistance of [...]
    Posted: August 13, 2009, 9:30am EDT
    by kscblog
  • Decision: State v. Ransom

    July 24th. The Kansas Supreme Court has issued its decision in State v. Ransom (No. 99,794), the third case arising from a Wichita Gang Scene murder spree. Previous coverage of the prosecutions which arose from this crime has been covered here and here. In a unanimous opinion, written by Justice [...]
    Posted: August 12, 2009, 10:30pm EDT
    by kscblog
  • Decision: McAlister v. Fairway

    July 24th. The Kansas Supreme Court has issued its decision in the case of McAlister v. City of Fairway (No.s 99,808 and 99,809 consolidated). In a unanimous opinion, written by Justice Dan Biles, the Court squashed an attempt to hold a vote on a citizen’s initiative restricting some of that [...]
    Posted: August 11, 2009, 9:00am EDT
    by kscblog
  • Decision: State v. Richmond

    July 24th. The Kansas Supreme Court has issued its decision in State v. Richmond (No. 100,074) a criminal appeal. In a unanimous opinion by Justice Lawton Nuss, the Court rejected Albert Richmond’s various claims to have his conviction for first-degree murder and 50 year (without parole) sentence vacated. Note: District [...]
    Posted: August 10, 2009, 6:00pm EDT
    by kscblog
  • Decision: In re C.P.W.

    July 24th. The Kansas Supreme Court has issued its opinion in the case of In re C.P.W. (No. 101,017) a State appeal against an interpretation of law arising from a juvenile prosecution for a sex-offender’s failure to register at their Sheriff’s office. In a unanimous opinion, written by Justice Marla [...]
    Posted: August 10, 2009, 8:30am EDT
    by kscblog
  • Donnie Ventris loses the rest of his appeal

    July 24th. When the United States Supreme Court recently overturned the Kansas Supreme Court’s ruling in Kansas v. Ventris, it remanded the case for further proceedings. The Kansas Supreme Court has now issued its ruling on the remainder of the case. In a unanimous opinion, written by Justice Eric Rosen, [...]
    Posted: July 25, 2009, 9:48pm EDT
    by kscblog
  • Decision: State v. Houston

    July 17th. The Kansas Supreme Court has issued its opinion in State v. Houston (No. 98,373), an appeal of a murder conviction. In a unanimous opinion, written by Justice Lawton Nuss, the Court upheld Michael Houston Sr’s conviction for the second-degree murder of Joshua Johnson. The Houston and Johnson families who [...]
    Posted: July 21, 2009, 9:20pm EDT
    by kscblog
  • Decision: State v. White

    July 17th. The Kansas Supreme Court has issued its opinion in State v. White (No. 100,264), a motion to withdraw a plea. In a unanimous opinion, written by Justice Marla Luckert, the Court held that (contra the District Court’s ruling) Harry White had rebutted the presumption that he had received [...]
    Posted: July 17, 2009, 10:30pm EDT
    by kscblog
  • July 17th Disciplinary Decision

    July 17th. The Kansas Supreme Court handed down an attorney discipline decision. The case was In re Rost (No. 101,746). In the interests of balancing our workload against reader interest we do not write up Attorney Discipline cases, except in unusually newsworthy circumstances. [...]
    Posted: July 17, 2009, 9:20pm EDT
    by kscblog
  • Decision: In re Colt

    July 10th. The Kansas Supreme Court has issued its opinion in the case of In re the Treatment and Care of Colt (No. 98,105), a sexually violent predator indefinite commitment case. In a 5-2 decision, written by Justice Carol Beier, the Court held that evidence of prior bad acts admitted [...]
    Posted: July 17, 2009, 11:00am EDT
    by kscblog
  • Decision: In re Miller

    Number of comments: 1
    July 10th. The Kansas Supreme Court has issued its opinion in the case of In re Care and Treatment of Miller (No. 97,273), an appeal against indefinite detention as a sexually violent predator. In a 5-2 decision, written by Justice Carole Beier, the Court held that Richard Miller was properly [...]
    Posted: July 17, 2009, 10:00am EDT
    by kscblog
  • Decision: State v. Salas

    July 10th. The Kansas Supreme Court has issued its opinion in the case of State v. Salas (No. 99,830) concerning post-conviction DNA testing for certain kinds murderers. In a unanimous decision, written by Justice Marla Luckert, the Court held that second-degree murderers do not have a right to post-conviction DNA [...]
    Posted: July 17, 2009, 9:00am EDT
    by kscblog
  • Decision: State v. Bello

    July 2nd. The Kansas Supreme Court has issued its decision in State v. Bello, an appeal against a conviction for child abuse. In a unanimous opinion, written by Justice Lee Johnson, the Court affirmed Juan Jose Bello’s conviction for aggravated criminal sodomy and aggravated indecent liberties with a child. However [...]
    Posted: July 10, 2009, 10:00am EDT
    by kscblog
  • Decision: State v. Casady

    June 26th. The Kansas Supreme Court has issued its decision in State v. Casady (No. 99,023) an appeal against the imposition of a Bureau of Indigent Services (BIDS) application fee. In a unanimous opinion, written by Justice Eric Rosen, the Court held that the $100 BIDS Application Fee is constitutional [...]
    Posted: July 10, 2009, 11:00pm EDT
    by kscblog
  • Decision: State v. Henning

    June 26th. The Kansas Supreme Court has issued its decision in State v. Henning (No. 98,118) a Fourth Amendment unreasonable search case. In a unanimous opinion, written by Justice Carol Beier, the Court held that the Kansas Law which allowed police to search vehicles of arrestees for evidence related to [...]
    Posted: July 09, 2009, 8:15pm EDT
    by kscblog
  • June 26th Unpublished Opinions

    June 26th. The Kansas Supreme Court has issued a number of unpublished opinions. Docket Number / Case Name / Judge / Disposition / County 98,275 — State v. Layton — Per Curiam — Sentence vacated and remanded with directions — McPherson. 100,653 — State v. Parker — Per Curiam — Affirmed in [...]
    Posted: July 09, 2009, 6:11pm EDT
    by kscblog
  • June 26th Disciplinary Decision

    June 26th. The Kansas Supreme Court handed down an attorney discipline decision. The case was In re Woodring (No. 101,115). In the interests of balancing our workload against reader interest we do not write up Attorney Discipline cases, except in unusually newsworthy circumstances. [...]
    Posted: July 09, 2009, 6:09pm EDT
    by kscblog
  • July Disciplinary Decision

    July 2nd. The Kansas Supreme Court handed down an attorney discipline decision. The case was In re Wiles (No. 101,413).  In the interests of balancing our workload against reader interest we do not write up Attorney Discipline cases, except in unusually newsworthy circumstances. [...]
    Posted: July 08, 2009, 9:18pm EDT
    by kscblog
  • Decision: State v. Sharp

    June 19th. The Kansas Supreme Court has issued its decision in State v. Sharp (No. 98,389). In a 6-1 decision, written by Justice Lawton Nuss, the Court rejected Kimberly Sharp’s contention that her confession to assisting in the murder of David Owen was coerced. Consequently her felony murder and kidnapping [...]
    Posted: June 26, 2009, 9:00am EDT
    by kscblog
  • Decision: State v. Phillips

    June 19th. The Kansas Supreme Court has issued its decision in the consolidated cases of State v. Phillips (No. 96,754) and State v. Wenzel (No. 97,548). In a unanimous opinion, written by Justice Marla Luckert, the Court held that Court Docketing Fees and Bureau of Indigent Services (BIDS) costs which [...]
    Posted: June 26, 2009, 5:54am EDT
    by kscblog
  • Decision: State v. Dixon

    June 19th. The Kansas Supreme Court has issued its decision in State v. Dixon (No. 97,020). In a unanimous opinion, written by Justice Carol Beier, the Court affirmed Wallace Dixon’s felony murder conviction for the deaths of Dana Hudson and her 19-month old son Gabriel in a fire caused by [...]
    Posted: June 26, 2009, 12:59am EDT
    by kscblog
  • Decision: State v. Boyer

    June 19th. The Kansas Supreme Court has issued its decision in State v. Boyer (No. 98,763), a sentencing appeal. In a unanimous opinion, written by Justice Eric Rosen, the Court held that juvenile adjudications do not count for the purposes of determining whether a criminal is classified as a persistent [...]
    Posted: June 26, 2009, 11:45pm EDT
    by kscblog
  • Decision: State v. Richardson

    June 19th. The Kansas Supreme Court has issued its decision in State v. Richardson (Nos. 100,445 and 100,835). In a unanimous opinion, written by Justice Lee Johnson the Court reversed Robert William Richardson’s convictions on two counts of engaging in sexual intercourse to expose another to a life threatening disease. Richardson [...]
    Posted: June 25, 2009, 10:30pm EDT
    by kscblog
  • Decision: Frick v. City of Salina

    June 5th. The Kansas Supreme Court has issued its opinion in Frick v. City of Salina (No. 99,791) a case concerning relocation benefits to businesses following a taking under eminent domain. In a nearly unanimous decision, written by Justice Marla Luckert, the Court held that Ben and Lavelle Frick were [...]
    Posted: June 11, 2009, 10:46pm EDT
    by kscblog
  • Decision: Rural Water District #2, Miami County v. City of Louisburg

    May 29th. The Kansas Supreme Court has issued its decision in Rural Water District #2 of Miami County v. City of Louisburg (No.100,332), a property annexation dispute. In a unanimous opinion, written by Justice Carol Beier, the Court held that the statute governing compensation to Rural Water Districts following annexations [...]
    Posted: June 05, 2009, 8:38am EDT
    by kscblog
  • Decision: Williams v. Lawton

    May 29th. The Kansas Supreme Court has issued its opinion in Williams v. Lawton (No. 97,132), an interlocutory appeal from the order of a new trial in a medical malpractice case. In a unanimous decision, written by Justice Marla Luckert, the Court held that under the facts of this case [...]
    Posted: June 05, 2009, 6:35am EDT
    by kscblog
  • Decision: State v. Garcia

    May 22nd. The Kansas Supreme Court has issued its opinion in the case of State v. Garcia (No. 99,997) a sentencing appeal. In a unanimous decision, written by Justice Lawton Nuss, the Court affirmed Ray Garcia’s felony-murder sentence and the District Court’s finding that the crime was sexually motivated (thus [...]
    Posted: May 26, 2009, 9:45pm EDT
    by kscblog
  • Decision: Carrothers Construction Company v. City of South Hutchinson

    May 22nd. The Kansas Supreme Court has issued its opinion in the case of Carrothers Construction Company v. City of South Hutchinson (No. 98,023), a contract dispute concerning liquidated damages. In a unanimous opinion, written by Justice Daniel Biles, the Court held that the construction company was required to lose [...]
    Posted: May 26, 2009, 10:00am EDT
    by kscblog
  • Decision: State v. Bee

    May 22nd. The Kansas Supreme Court has issued its opinion in State v. Bee (No. 97,677),  a drug-related probation revocation appeal. In a unanimous opinion, written by Justice Eric Rosen, the Court held that Larry Bee was properly sentenced to his underlying prison sentence when his probation was revoked. Bee [...]
    Posted: May 25, 2009, 10:00pm EDT
    by kscblog
  • May 22nd Unpublished Opinions

    May 22nd. The Kansas Supreme Court has issued a number of unpublished opinions. Docket Number / Case Name / Judge / Disposition / County 100,340 — State v. Dean — Per Curiam — Affirmed — Sedgwick. 100,341/100,378/100,380 — State v. Roediger — Per Curiam — Dismissed — Saline. 100,437 — State v. Jacobs [...]
    Posted: May 25, 2009, 11:00pm EDT
    by kscblog
  • Decision: Stroda v. Joice Holdings

    May 15th. The Kansas Supreme Court has issued its opinion in Stroda v. Joice Holdings (No. 100,733) a property dispute. In a unanimous opinion, written by Justice Nuss, the Court held that an implied easement that existed on the property in the case was not limited to agricultural purposes by [...]
    Posted: May 24, 2009, 9:50am EDT
    by kscblog
  • Decision: State v. Ransom

    May 15th. The Kansas Supreme Court has issued its opinion in State v. Ransom (No. 99,281) a felony-murder appeal. In a unanimous opinion, written by Justice Carol Beier, the Court upheld Kendrall Ransom’s conviction for the felony-murder of Spain Bey. Note: As a result of former Chief Justice Kay McFarland’s [...]
    Posted: May 18, 2009, 11:14pm EDT
    by kscblog
  • U.S. Supreme Court not reviewing controversial adoption case

    It has just come to our attention that the controversial case, In re A.A.T. from December (which produced a rare 4-3 split among the Justices of the Kansas Supreme Court) will not be taken up by the United States Supreme Court. In an order issued on April 20th, the U.S. [...]
    Posted: May 11, 2009, 11:00am EDT
    by kscblog
  • Decision: State v. Valladarez

    May 8th. The Kansas Supreme Court has issued its opinion in State v. Valladarez (No 99,724). In a unanimous decision, written by Justice Marla Luckert, the Court held that a District Magistrate Judge can perform a felony arraignment, including informing the defendant of the implications of a guilty plea, provided [...]
    Posted: May 10, 2009, 12:02am EDT
    by kscblog
  • Decision: State v. Youngblood

    May 8th. The Kansas Supreme Court has issued its opinion in State v. Youngblood (No. 96,850). In a unanimous decision, written by Justice Johnson, the Court vacated the conviction of Galen Youngblood for felony possession of marijuana. The case implicates the Sixth Amendment right to counsel and the use of [...]
    Posted: May 09, 2009, 5:12pm EDT
    by kscblog
  • Decision: State v. Horn

    May 8th. The Kansas Supreme Court has issued its opinion in State v. Horn (No. 100,373). In a unanimous decision, written by Justice Johnson, the court threw out a Jessica’s Law 25 year sentence that had been imposed on Joshua Horn for attempted aggravated criminal sodomy on a child under [...]
    Posted: May 09, 2009, 11:16pm EDT
    by kscblog
  • Decision: State v. Cott

    May 1st. The Kansas Supreme Court has issued its opinion in State v. Cott (No. 97,955) a case arising from a DUI prosecution. In a unanimous decision, written by Justice Eric Rosen, the Court ruled that DUI (which carries a the sentencing enhancement where a child under 14 is in [...]
    Posted: May 02, 2009, 11:08pm EDT
    by kscblog
  • Decision: State v. Spotts

    May 1st. The Kansas Supreme Court has issued its opinion in State v. Spotts (No. 100,084), an appeal against a sentence for child rape. In a unanimous opinion, written by Justice Dan Biles, the Court rejected Walter Spotts attempt to have his consecutive life sentences ruled “cruel and unusual punishments” [...]
    Posted: May 01, 2009, 10:28pm EDT
    by kscblog

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