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Kansas Conflict of Law Law
 

STATE OF KANSAS v. WILLIAM N. FISHBACK

Sex Offender

William N. Fishback appeals the district court's decision to modify his postrelease supervision term from 24 months to lifetime following his conviction of indecent liberties with a child. Fishback first claims lifetime postrelease supervision is an illegal sentence in his case due to a conflict between K.S.A. 2015 Supp. 223717(d)(1)(G) and K.S.A. 2015 Supp. 22-3717(d)(1)(D). Second, Fishback cl... More...   $0 (12-07-2016 - KS)

STATE OF KANSAS v. JOHN M. ROTHSTEIN

John M. Rothstein appeals the district court's decision to modify his postrelease supervision term from 36 months to lifetime following his convictions of two counts of attempted aggravated indecent liberties with a child. Rothstein first claims that lifetime postrelease supervision is an illegal sentence in his case due to a conflict between K.S.A. 2015 Supp. 22-3717(d)(1)(G) and K.S.A. 2015 Su... More...   $0 (12-07-2016 - KS)

STATE OF KANSAS v. DAN R. MADDOX

Sex Offender

On April 17, 2013, Maddox was charged with aggravated indecent liberties with a child, and he retained David Phillip Leon to defend him. After waiving his right to a preliminary hearing, the district court bound Maddox over for trial. Maddox then entered a plea of not guilty.

From May 2013 to March 2014, the district court continued Maddox's trial 10 times at the request of the defense... More...
   $0 (12-07-2016 - KS)

STATE OF KANSAS v. STEVEN M.N. LOUIS

The first shooting occurred at a restaurant where Louis was present with several companions, including Michael Saechao, who died in the gunfire. Louis, Saechao, and others in Louis' party belonged to a street gang known as the "Asian Boyz." John and Daniel Nguyen, Hien Dao, and Hau Tran, who were members of a rival gang known as the "Viet Boyz," were also there, along with their friends, Viet Nguy... More...   $0 (11-27-2016 - KS)

STATE OF KANSAS v. CORNELIUS ALLEN HARTZ

On December 5, 2015, Hartz was in the Famous Footwear store in Topeka trying on new shoes when another patron of the store ran out of the store with a pair of the store's shoes in his jacket. Approximately 10 minutes later, Hartz stood up while wearing a pair of Famous Footwear's shoes and—if the State's evidence is believed—began walking toward the exit in the new shoes. Hartz was confronted by a... More...   $0 (11-26-2016 - KS)

SHANNA FRIDAY v. STATE OF KANSAS

On November 7, 2008, Shanna Friday was convicted of reckless second-degree murder and later sentenced by the district court to 174 months in prison. The facts of the underlying case are set out in Friday's direct appeal. State v. Friday, 297 Kan. 1023, 1027-28, 306 P.3d 265 (2013).

During the pretrial stages of the proceedings, the district court authorized the hiring by the defense of... More...
   $0 (11-26-2016 - KS)

STATE OF KANSAS v. JARRON LEROY HILL

Sex Offender

On October 16, 2009, Hill was charged with one count of aggravated indecent liberties with a child, a level 3 person felony. The crime was alleged to have occurred in 2007. Hill agreed to enter a plea of guilty in exchange for the State's agreement to recommend a downward departure sentence to 70 months in prison. The district court accepted the plea on March 12, 2010, and on April 30, 2010, impos... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. JOSEPH L. RAMSEY

Sex Offender

On September 8, 2009, Ramsey was convicted pursuant to a plea agreement of two counts of on-grid aggravated indecent liberties with a child and one count of criminal sodomy. The offenses were alleged to have occurred between January 28, 2007, and December 31, 2008. Ramsey was sentenced to a controlling prison term of 100 months, with 36 months' postrelease supervision.

In May 2015, the... More...
   $0 (11-25-2016 - KS)

STATE OF KANSAS v. RICO J. BROWN, SR.

Given the points Brown has raised on appeal, we need not detail the evidence presented at trial. We outline the charges and their disposition. Brown was charged with and convicted of aggravated human trafficking in violation of K.S.A. 2015 Supp. 215426(b)(4), a severity level 1 person felony, for "recruiting, harboring, . . . or [otherwise] obtaining" A.L.H., a 17-year-old female, to perform sex a... More...   $0 (11-24-2016 - KS)

STATE OF KANSAS v. SEAN NIELSON

Case No - 114,362

Nielson was charged with and prosecuted for leaving the scene of an accident that resulted in great bodily injury and leaving the scene of an accident resulting in more than $1,000 in property damage.

The accidents occurred outside a Wichita bar in the early morning hours of May 19, 2013. There is no dispute Nielson reversed his car into a vehicle causing great bodily injury to a pedest... More...
   $0 (11-11-2016 - KS)

STATE OF KANSAS v. QUARTEZ BROWN

In April 2010, Brown and his cousin, both armed, entered an apartment belonging to Otis Bolden. They encountered Ashley Green and, pointing their guns at her, asked where Bolden could be found. Green saw Brown and his cousin walk into Bolden's bedroom and then heard shots. Although Bolden was able to exit the apartment through a window, he later died from multiple gunshot wounds. After a trial... More...   $0 (10-31-2016 - KS)

STATE OF KANSAS v. TYRELL JACKSON

On the night of May 12, 2012, Dorsey was at his cousin's apartment in Kansas City, Kansas, while his vehicle, a 1986 Chevy Caprice, was parked outside the complex. While in the apartment, Dorsey noticed a Tahoe parked in front of his car and four people outside of the Tahoe. Dorsey testified he did not know any of the people outside of the vehicles. Dorsey started his Caprice via remote start,... More...   $0 (10-24-2016 - KS)

STATE OF KANSAS v. DOUGLAS S. BELT

Belt's challenges to his convictions based on the sufficiency of the evidence to support them necessitate a thorough review of the grisly evidence in this case. The victim in this case, L.G., was a housekeeper at a Wichita apartment complex. She and her live-in boyfriend, Chris Branch, were acquainted with Belt as former neighbors. On the morning of June 25, 2002, a manager at the complex w... More...   $0 (10-23-2016 - KS)

STATE OF KANSAS v. LOREN MALIK WISEMAN

We begin with the basic facts related by Wiseman and his girlfriend, Alexandra Escarcega; for facts that might be disputed, we will indicate when the information comes from someone else. Around 5 p.m. on December 6, 2014, Wiseman rode with Escarcega to a Dillon's grocery store in Garden City. Wiseman and Escarcega lived in Wichita but had held a birthday party for their daughter at the YMCA in Ga... More...   $0 (10-18-2016 - KS)

STATE OF KANSAS V. SONY UK

The State appeals the district court's grant of immunity given to Sony Uk and the dismissal of attempted voluntary manslaughter or, alternatively, aggravated battery charges against him. Upon our review, we reverse the grant of immunity and dismissal of the charges and remand for the refiling of the complaint and for further proceedings.

On April 7, 2015, Uk was charged in Lyon County D... More...
   $0 (10-11-2016 - KS)

BREANN DREW and ZANE DREW, by and through their Father, Natural Guardian, and Next Friend RUSS DREW v. STATE OF KANSAS

On an otherwise quiet Sunday afternoon in May 2007, Kansas Highway Patrol Master Trooper Michael Gruber observed a speeding car and began what ordinarily would be a routine traffic stop. But the driver, Charles Barker, sped away, which resulted in a high-speed chase on I-635 and K-32 (Kansas Avenue) in Wyandotte County. The chase ended when Barker drove into traffic coming from the other direction... More...   $1100000 (10-11-2016 - KS)

STATE OF KANSAS v. BRYANT A. SEBA

Following a period of escalating tension between Bryant A. Seba and others, Seba fired nine shots toward those with whom he had been fighting. He killed a pregnant bystander and repeatedly shot one of the men, resulting in the man's paralysis. The State charged Seba with two counts of first-degree premeditated murder. One of Seba's two first-degree premeditated murder counts was based on Alexa's l... More...   $0 (10-01-2016 - KS)

VICTOR ANZUA-TORRES v. STATE OF KANSAS

In 2006, a jury convicted Victor Anzua-Torres of second-degree reckless murder and several other offenses related to a fatal 2005 automobile collision in which Anzua-Torres was driving while intoxicated. His convictions and sentence were affirmed on direct appeal. He later filed a K.S.A. 60-1507 motion alleging, among other things, that his trial counsel was constitutionally ineffective for fail... More...   $0 (09-23-2016 - KS)

Armstrong v. Bromley Quarry & Asphalt, Inc.

This is a civil trespass and conversion case in which plaintiffs seek monetary damages for the unauthorized subsurface mining of 855,500 tons of limestone. Bromley Quarry & Asphalt, Inc., admits it extracted some rock but disputes the extent of its liability. We must decide: (1) if the statute of limitations began to run because the conversion was reasonably ascertainable by the plaintiffs more ... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v BREONNA M. WILKINS

During the early morning hours of July 21, 2011, Lori Allison was shot and Natalie Gibson was murdered in the carport behind their home in Topeka, Kansas. On August 2, 2011, police met with Bayate Covington who provided information about the attempted robbery and killing. Soon afterwards, nine individuals, including Covington, were arrested and charged as codefendants related to these crimes. More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. MICHAEL STATEN

Staten and Yvonne Williamson shared an apartment in Wyandotte County. In the early morning of July 22, 2011, the two engaged in an altercation that left Williamson severely injured. Witnesses disagreed on the circumstances leading up to the altercation, resulting in two distinct narratives, which we set out below.
Williamson and other witnesses recalled the following sequence of the events. ... More...
   $0 (08-18-2016 - KS)

STATE OF KANSAS v. SPENCER GIFTS, LLC

The parties do not dispute the facts of this case. Beginning in May 2009, two investigators with the Johnson County District Attorney's Office began a year-long investigation into Spencer Gifts, LLC, which is a retail business in Oak Park Mall generally open to the public. Over the course of about 30 different visits, the investigators noted that Spencer Gifts displayed various items of a potentia... More...   $0 (07-11-2016 - KS)

STATE OF KANSAS v. CHARLES H. MOORE

In 2005, Moore pled guilty to one count of aggravated indecent liberties with a child. The presentence-investigation report listed Moore's criminal history as "A" based on his prior convictions, including a 1984 Oregon conviction for first-degree burglary of a dwelling. At sentencing, Moore initially challenged the validity of the burglary conviction, but he withdrew his objection when the State p... More...   $0 (07-01-2016 - KS)

ANTHONY L. JEFFERSON v. STATE OF KANSAS

In the early morning hours of February 1, 2004, Jefferson and Jesse Villa got into a fight, resulting in a gunshot wound to Villa's ear. Details of the witnesses' various accounts of the fight are related in State v. Jefferson, 287 Kan. 28, 29-32, 194 P.3d 557 (2008). The State ultimately charged Jefferson with attempted first-degree murder or, alternatively, aggravated battery, attempted aggrav... More...   $0 (04-19-2016 - KS)

STATE OF KANSAS v. CHARLES C. LOGSDON

Logsdon's lengthy trial involved numerous witnesses and thousands of pages of transcript. We offer a condensed version of the facts, as they were established at trial, but still must discuss the evidence in some detail because of Logsdon's sufficiency of the evidence challenge.
A. The crime and initial investigation
Trial testimony established that Heckel was shot in her home around 7... More...
   $0 (04-01-2016 - KS)

ELGIN RAY ROBINSON v. STATE OF KANSAS

In 2006, Robinson was 20 years old and represented himself to be an up and coming music and events promotor in the Wichita area. He and C.B., the murder victim, had an ongoing sexual relationship. C.B.'s body was found in a shallow grave in rural Butler County. C.B. had been strangled; she was in the very late stages of a pregnancy. The State prosecuted Robinson on the theory he had recruited Ever... More...   $0 (03-25-2016 - KS)

STATE OF KANSAS v. VINCENT R. JARMON

Larry Farmer and Tommy Luallen operate a business purchasing the contents of storage units at auction, sorting through the contents, and then selling the salvageable property. The property they purchase is stored in a building in Wichita. The building is jointly owned by Luallen and his mother.
On May 6, 2013, Farmer and Luallen discovered a hole in a weakened portion of the wall at the rear... More...
   $0 (02-28-2016 - KS)

STATE OF KANSAS v. DYLAN ROBERT CORYELL

Dylan was a 24-year-old resident of Oberlin. At the time of this incident, he was in a sexual relationship with Sarah Campbell, who was also seeing Corey Cook. Sarah was staying with Dylan's close friends, Everett and Jordan Urban. Of note, Jordan had previously dated Corey.
In early October 2011, Corey was in town on leave from the Air Force. Sarah decided to tell Corey about her relationsh... More...
   $0 (02-28-2016 - KS)

STATE OF KANSAS v. MICHAEL D. NELOMS

A jury found Michael Neloms guilty of aggravated human trafficking, promoting prostitution, and one count of aggravated indecent liberties with a child. In this direct appeal, he argues: (1) the district court erred by denying his motion to suppress statements; (2) the district court violated his due process rights by allowing the State during the trial to amend the complaint and add the alternat... More...   $0 (02-10-2016 - KS)

STATE OF KANSAS v. REGINALD VAUGHN

In the early morning hours of April 13, 2012, John Ringer, Patricia Merritt, and Robert Dale were on the front porch of a Wichita residence. Randy Hula, Tony Hula, John Krieger, and Cory Vanboening were sleeping in bedrooms of the residence. Ringer's infant son was in the basement.
Vaughn and three other male accomplices approached the victims on the porch, pointed two pistols at them, and o... More...
   $0 (02-02-2016 - KS)

State Of Kansas v. Toliver

Following a bench trial on stipulated facts, the district court convicted Tony Toliver, a parolee under the supervision of the Kansas Department of Corrections (KDOC), of marijuana possession and sentenced him to 6 months' probation with an underlying 60-day jail term.
On appeal, Toliver asks us to reverse his conviction. He contends the district court erroneously denied his motion to supp... More...
   $0 (01-29-2016 - KS)

State Of Kansas v. Seacat

Seacat takes this direct appeal from his conviction by a jury of one count of first-degree premeditated murder, one count of aggravated arson, and two counts of aggravated endangerment of a child. Finding no error on the part of the trial court, we affirm. In April 2011, Seacat lived with his wife, Vashti, and their two sons in their house in Kingman, Kansas. Seacat was employed at the time as a... More...   $0 (01-15-2016 - KS)

State Of Kansas v. Robinson

Robinson was a self-employed, but not entirely successful, entrepreneur. In the 1970s, he formed Hydro-Gro, Inc., a company that produced hydroponic vegetables. In the 1980s, Robinson offered financial consulting services through his company Equi II. His operations were interrupted when he was convicted of a nonperson felony and incarcerated at the Western Missouri Correctional Center in Cameron,... More...   $0 (12-26-2015 - KS)

Solomon v. State Of Kansas

In 1861, the people of the new State of Kansas adopted a constitution that assigned judicial power to a supreme court and to various lower courts: "The judicial power of the State shall be vested in a supreme court, district courts, probate courts, justices of the peace, and such other courts, inferior to the supreme court, as may be provided by law; and all courts of record shall have a seal, t... More...   $0 (12-23-2015 - KS)

Fuller v. State Of Kansas

The charges against Fuller were based on allegations made by his next-door neighbor, C.K., after an encounter in C.K.'s home. Fuller admitted to sexual contact with C.K., but he defended on the basis that the contact was consensual.
The Court of Appeals panel summarized the conflicting trial testimony as follows: "Fuller and the victim, C.K., were neighbors who had sporadic contact prior t... More...
   $0 (12-23-2015 - KS)

State Of Kansas v. Delacruz

Jose Delacruz was convicted of direct criminal contempt of court and was sentenced to 9 years' imprisonment. On appeal, Delacruz raises six issues: (1) that he was exercising his right to remain silent under the Fifth Amendment to the United States Constitution; (2) that a special prosecutor should have tried the case; (3) that his contempt was a single ongoing event rather than three separate eve... More...   $0 (12-18-2015 - KS)

State Of Kansas v. Marshall

The evidence presented at Marshall's trial established that shortly after 8 p.m. on November 30, 2012, he entered a Wichita Dollar General store and proceeded to walk down an aisle. At the time, Hunt, an employee of the store, was at the cash register tallying up customer Harvey's purchases. A few seconds later, Marshall emerged from the aisle holding a .22 caliber pistol. He walked to the front o... More...   $0 (12-18-2015 - KS)

State Of Kansas v. Jackson

Deshawn Jackson appeals the trial court's denial of his postsentencing motion to withdraw plea. On appeal, Jackson argues that there are two reasons the trial court erred when it denied his motion. First, Jackson argues that he has established that his attorney, Aaron Gipson, coerced him into accepting the plea agreement by telling him that if he rejected the plea agreement he would receive the ma... More...   $0 (12-03-2015 - KS)

Bluestem Telephone Co. v. Kansas Corporation Comm'n

The Telecommunications Act of 1996 (1996 Act) was passed by Congress in order to further deregulate the telecommunications industry. 47 U.S.C. § 151 et seq. (2012); see Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 369, 956 P.2d 685 (1998). The 1996 Act was intended to serve the dual purposes of ensuring "universal service" to both low income consumers and consumers i... More...   $0 (12-03-2015 - KS)

Bluestem Telephone Co. v. Kansas Corporation Comm'n

The Telecommunications Act of 1996 (1996 Act) was passed by Congress in order to further deregulate the telecommunications industry. 47 U.S.C. § 151 et seq. (2012); see Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 369, 956 P.2d 685 (1998). The 1996 Act was intended to serve the dual purposes of ensuring "universal service" to both low income consumers and consumers i... More...   $0 (11-30-2015 - KS)

 
 
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