M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

 
Home
Verdicts
and
Decisions
Search Database
Recent Cases
Cases By Subject
Report A Case
Lawyers
Search Directory
By State & City
Add A
Lawyer Listing
Court
Reporters
Recent Listings
Search
By States & City
Add A Basic
Reporter Listing
Expert
Witnesses
Recent Listings
Search Directory
By State & Expertise
Add A Basic
Expert Witness
Listing
MoreLaw
Store
The Store
Recent Listings
(Search)
Add A Basic
Classified Ad
Links
County Seats
State Links
Information
About MoreLaw
Contact MoreLaw
Kansas Conflict of Law Law
 
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)

State Of Kansas v. John E. Robinson, Sr.

1.
A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers se... More...
   $0 (11-27-2015 - KS)

Abasolo v. State Of Kansas

In 2002, Andrea Abasolo pled guilty to four counts of sale of cocaine, three counts of no tax stamp, and one count of delivery of a simulated controlled substance. The plea agreement provided the following language:
"Contingent upon a successful plea of guilty as charged, the State will recommend that the Court impose the high number in the appropriate Sentencing Guidelines Grid Box for each ... More...
   $0 (11-22-2015 - KS)

Hoesli v. Triplett, Inc

Douglas K. Hoesli, a full-time maintenance worker with Triplett, Inc., was injured in a workplace accident for which he is entitled to workers compensation. Prior to his injury, Hoesli was receiving social security retirement benefits and earning additional employment income without a reduction in his social security because he had reached full retirement age. See 42 U.S.C. § 403(f)(8)(E) (2012). ... More...   $0 (11-20-2015 - KS)

State Of Kansas v. Kimberlin

On the evening of March 23, 2013, Emporia Police Officer John Jeffery was dispatched to a residence for a possible domestic battery. Upon arrival, Jeffery met with Misti Tucker, who was standing outside and crying. Tucker lived at the residence with Kimberlin, her boyfriend. Tucker reported that Kimberlin had dragged her across the floor by her throat and choked her from behind. Jeffery observed f... More...   $0 (11-09-2015 - KS)

State Of Kansas v. Robinson

A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers seven fac... More...   $0 (11-09-2015 - KS)

STATE OF KANSAS v. DUSTIN ALEX EVANS

The State appeals the district court's decision to dismiss the aggravated battery charge against Dustin Alex Evans based upon a finding that Evans qualified for self-defense immunity under K.S.A. 2014 Supp. 21-5231. The State charged Evans with aggravated battery arising from an altercation with Jose Luis Pena, Jr., that took place in Evans' garage. During the altercation, Evans stabbed Pena, who... More...   $0 (10-23-2015 - KS)

State v. Moyer

Steve Kelly Moyer directly appeals his five convictions for sex crimes against his minor daughter, J.M. He alleges that (1) the trial court judge was required to recuse; (2) his trial counsel's conflict of interest denied him the right to a fair trial; (3) the district court denied him due process by failing to conduct a meaningful hearing on his pro se pretrial motions for new counsel; (4) the d... More...   $0 (10-17-2015 - KS)

Cresto v. Cresto

Steven Cresto (Steven) and Terese Jones (Terese), collectively referred to herein as "children," were the natural children of Francis E. Cresto, deceased (Decedent). The children challenged Decedent's 2008 last will and testament and inter vivos trust which changed his prior estate plan to leave full ownership of all of his property to his third wife and the children's second stepmother, Mary K. ... More...   $0 (10-13-2015 - KS)

Yeasin v. University of Kansas

Yeasin and W. met during the fall semester of 2012 when both students were enrolled in the same geology class at the University of Kansas. They dated off and on from November 2012 through May 2013. Their relationship was turbulent.
In late June 2013, Yeasin drove W. to see her therapist. While she was at her therapy session, Yeasin stayed in the car and read text and Facebook messages on W.... More...
   $0 (09-26-2015 - KS)

STATE OF KANSAS v. RYAN C. PFANNENSTIEL

Pfannenstiel's conviction arose from a complaint made by C.W. According to statements made to investigating officers, on September 21, 2011, C.W. visited a bar and grill in Conway Springs with her parents, a family friend, and her boyfriend. Shortly before she left the bar for the evening, she smoked on the patio and then went back into the bar. As she stepped in, she shook hands with an acquaint... More...   $0 (09-26-2015 - KS)

STATE OF KANSAS v. ERICK DONALDSON

A decade after he was convicted of felony murder and the sale of cocaine, Erick Donaldson filed a motion to correct an illegal sentence. He claimed that the district court's failure to sua sponte order a competency hearing and stay his prosecution, pursuant to K.S.A. 22-3302, rendered his convictions and sentences void for lack of jurisdiction. The district court summarily denied his motion, and D... More...   $0 (09-14-2015 - KS)

United States of America v. David Louis Craig

Topeka, KS - Tenth Circuit affirms conviction of Kansas man for possession of stolen firearm

Upon conviction of possessing a stolen firearm, Defendant-Appellant David
Craig was sentenced to 30 months’ imprisonment and three years’ supervised
release. After his release from prison, he violated various conditions of his
supervised release. He stipulated to several violations, an... More...
   $0 (07-28-2015 - KS)

Paul Levy v. Kansas Department of Social and Rehabilitation Services

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo... More...
   $0 (06-16-2015 - KS)

City of Atwood v. Richard David Pianalto

Richard D. Pianalto appeals from his conviction for driving while under the influence of alcohol, arguing the evidence of that offense was the product of an illegal traffic stop. Pianalto claims the officer who initiated the stop was mistaken about the applicable speed limit because a traffic sign normally posting the limit had been knocked to the ground. Pianalto contends the speed limit increase... More...   $0 (06-04-2015 - KS)

Michael Ney v. Farm Bureau Life Insurance Company

After the death of Shawn Ney (Shawn), his father, Michael Ney (Michael), filed a claim under a life insurance contract naming Shawn as the insured and Michael as the sole beneficiary. Farm Bureau Life Insurance Company (FBL) denied payment of the death benefit under the policy. Michael then filed a lawsuit seeking the policy value of the death benefit. The district court granted summary judgment i... More...   $0 (06-04-2015 - KS)

Duskin L. Siruta v. Mellisa Siruta

1
IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 105,698
DUSKIN L. SIRUTA, by and on behalf of the heirs at law of
TATE DILLON SIRUTA, Deceased,
Appellant/Cross-appellee,
v.
MELISSA SIRUTA,
Appellee/Cross-appellant.
SYLLABUS BY THE COURT
1.
A wrongful death action under K.S.A. 60-1901 et seq. can be brought against an alleged tortfeasor who is an heir a... More...
   $0 (04-24-2015 - KS)

United States of America v. Antonio Clark

Antonio Clark appeals the denial of his 28 U.S.C. § 2255 motion to vacate,
set aside, or correct his sentence. He argues that the district court erred in
rejecting his ineffective assistance of counsel claims and in relying on an
incomplete transcript of his change of plea hearing. Exercising jurisdiction under
28 U.S.C. §§ 1291 and 2253, we deny a certificate of appealability (... More...
   $0 (12-24-2014 - KS)

Digital Ally v. Z3 Technology

Both parties have filed appeals, in which Appellant–Cross-Appellee Digital Ally mainly challenges the validity and enforceability of one of the contracts, while Appellee–Cross- Appellant Z3 Technology challenges certain elements of the damages award.

I. Background

The contracts at issue in this case related to Z3’s design and manufacturing of circuit board modules for use in Di... More...
   $0 (05-16-2014 - KS)

United States of America v. Taurus D. Hoyle

Defendant-Appellant Taurus D. Hoyle appeals from the remand proceedings of his prior appeal. In United States v. Hoyle (Hoyle I), 697 F.3d 1158 (10th Cir. 2012), this court affirmed Mr. Hoyle’s conviction of 18 U.S.C. § 922(g)(1) but remanded for proper sentencing. Mr. Hoyle appeals again, this time challenging the district court’s denial of his motion for a new trial on remand and considerat... More...   $0 (05-13-2014 - KS)

Randy Howard v. Ferrellgas Partners, L.P.

Everyone knows the Federal Arbitration Act favors arbitration. But before the Act’s heavy hand in favor of arbitration swings into play, the parties themselves must agree to have their disputes arbitrated. While Congress has chosen to preempt state laws that aim to channel disputes into litigation rather than arbitration, even under the FAA it remains a “fundamental principle” that “arbitr... More...   $0 (04-08-2014 - KS)

Nationwide Mutual Insurance Company v. Leann M. Briggs

Nationwide Mutual Insurance Company (Nationwide) sued the children of Melvin L. Briggs (collectively the Briggses) in the United States District Court for the District of Kansas, seeking declaratory judgment that it had effectively nonrenewed Melvin's insurance policy before the automobile accident that led to his death. Because Nationwide had complied with statutory and policy requirements for no... More...   $0 (02-07-2014 - KS)

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2016 MoreLaw, Inc. - All rights reserved.