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Kansas Conflict of Law Law
 

STATE OF KANSAS v. TRAVIS GLENN CONDER

Travis Conder and Shanda Britton were married on July 18, 2015, in Wamego, Kansas. They celebrated with their friends and family at the reception until about midnight. Attendees drank alcohol socially at the reception, as did Conder, Shanda, Tyrel Britton (Conder's brother-in-law), and Rose Britton (Conder's mother-in-law).

The family headed back to the home of Shanda's parents, where ... More...
   $0 (05-12-2018 - KS)

In re Adoption of T.M.M.H.

SUPREME COURT OF THE STATE OF KANSAS

T.M.M.H., who was born on November 5, 2006, was a few months old when his father died in 2007. When T.M.M.H. was young, Mother and Grandmother agreed he would live for a period of time with Grandmother. We know little about this agreement. Whatever the initial arrangement may have been between Mother and Grandmother, at some point in 2008, Grandmother filed a petition in district court for grandpa... More...   $0 (05-12-2018 - KS)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

We begin with an introduction of the people involved in or affected by the criminal conspiracy and an outline of the circumstances that drew them together. Bollig, a bank officer, became acquainted with Naomi Abbott in late 2012, while she was married to Rahn Abbott. As her acquaintance with Bollig took an intimate turn, Naomi and Rahn were divorcing. After the divorce, Bollig and Naomi continued ... More...   $0 (04-28-2018 - KS)

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... More...   $0 (04-21-2018 - KS)

STATE OF KANSAS v. ANITA SHANAIL CLARK

As a result of the plea negotiations with the State, Clark agreed to plead no contest to one count of conspiracy to distribute Hydrocodone, a drug severity level 3 felony. In return, the State agreed to dismiss all other charges. The parties also agreed that Clark was permitted to file departure motions and the State could oppose the motions. Clark signed an acknowledgment of rights and entry of p... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. JERRID LOGAN

On July 7, 2015, the State charged Logan with the following: (1) one count of aggravated kidnapping, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5408(b); (2) one count of rape, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5503(a)(1)(A); (3) two counts of aggravated criminal sodomy, each severity level 1 person felonies in violation of K.S.A. 2015... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

RAKESH SRIVASTAVA and SHARMILA SHANKAR, Appellants, v. UNIVERSITY OF KANSAS, a/k/a UNIVERSITY OF KANSAS MEDICAL CENTER, a/k/a STATE OF KANSAS (HARTMUT JAESCHKE, CODY TULLY, PAUL TERRANOVA, and ROY JENSEN

University of Kansas

Dr. Rakesh Srivastava and Dr. Sharmila Shankar, who are husband and wife, both worked for the University of Kansas Medical Center (KUMC). For different reasons, KUMC terminated Dr. Srivastava's and Dr. Shankar's employment. Believing that they were wrongfully terminated, Dr. Srivastava and Dr. Shankar sued University of Kansas (KU), as the institutional organization governing KUMC. Later, howeve... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. JAMES E. DAVIS

On February 22, 2017, Davis pled guilty to two counts of sexual exploitation of a child, a severity level 5 person felony, and no contest to one count of sexual battery, a
class A person misdemeanor. All three crimes were committed on November 11, 2016. The district court originally sentenced Davis to a total of 89 months' incarceration followed by a 24-month term of postrelease supervision. ... More...
   $0 (04-14-2018 - KS)

STATE OF KANSAS v. GARY M. MOORE

On August 7, 2015, Moore was charged with one count of unlawfully tampering with electronic monitoring equipment. Moore retained David Phillip Leon as counsel, who then entered his appearance on August 10, 2015. Throughout the pendency of his case, Moore was serving an underlying prison sentence. During this time, he filed several pro se motions, including a motion to dismiss his counsel and a mot... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER MARINELLI

State Supreme Court Judicial Center

The State charged Marinelli with aggravated assault, alleging:

"[O]n the 3rd day of May, 2013, in Riley County, Kansas, Christopher Neil Marinelli did then and there unlawfully, feloniously, and knowingly place [victim] in reasonable apprehension of immediate bodily harm with a deadly weapon, to wit: knife." (Emphasis added.)

Marinelli pleaded no contest and executed two docu... More...
   $0 (04-14-2018 - KS)

STATE OF KANSAS v. SHEENA THOMAS

A jury convicted exotic dancer Sheena Thomas of one count of aggravated battery with a deadly weapon against her fellow dancer, Traci Borntrager. The attack occurred at an establishment called Pleasures, the two women's place of work. The weapon in question—a stiletto heel—was an accoutrement of the trade. Following her conviction, the district court sentenced Thomas to serve 24 months' probation ... More...   $0 (04-14-2018 - KS)

Phyllis N. Gregory v. Creekstone Farms Premium Beef, L.L.C.

District of Kansas Federal Courthouse - Wichita, Kansas

This appeal involves an award of summary judgment to the defendant
on claims involving premises liability. For these claims, the defendant had
only limited duties for dangers that are considered “open and obvious.”
This limitation lies at the center of this appeal: The victim was killed by
cattle, and the danger from cattle is ordinarily open and obvious. Here,
though, the catt... More...
   $0 (03-29-2018 - KS)

STATE OF KANSAS v. WILLIAM D. ALBRIGHT

On March 11, 1999, a jury convicted Albright of first-degree murder. The district court sentenced Albright to life in prison with no possibility of parole for 40 years. On June 1, 2001, this court affirmed that sentence. State v. Albright, 271 Kan. 546, 24 P.3d 103 (2001).

On March 25, 2002, Albright filed a K.S.A. 60-1507 motion alleging ineffective assistance of trial counsel. The di... More...
   $0 (03-27-2018 - KS)

STATE OF KANSAS v. ROY D. WETRICH

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For acts committed between January 1, 2009 and April 24, 2009, Wetrich was convicted by a Johnson County jury of kidnapping, two counts of aggravated assault, criminal possession of a firearm, possession of marijuana, violation of a protective order, domestic battery, and intimidation of a witness. The district court sentenced Wetrich to a controlling sentence of 124 months in prison, based on a c... More...   $0 (03-20-2018 - KS)

STATE OF KANSAS v. JEREMY L. COLLINS

On August 29, 2015, the State charged Collins with a single count of aggravated assault of a law enforcement officer. Kenneth Newton of the Sedgwick County Public
2
Defender's Office was appointed to represent Collins. Collins was bound over for trial after a preliminary hearing held on December 3, 2015.

Despite the fact that he was represented by an attorney, Collins filed n... More...
   $0 (03-20-2018 - KS)

STATE OF KANSAS v.EUSEBIO CASTILLO-CALLES

Castillo-Calles was convicted by a jury of aggravated indecent liberties with a child. The victim, I.W., was 12 years old at the time of the events leading to the charge. I.W. was friends with C.P., who lived with Castillo-Calles (her stepfather) and her mother.

On March 24, 2013, I.W. spent the night at C.P.'s house. That afternoon, C.P., I.W., and Castillo-Calles played hide and seek.... More...
   $0 (03-18-2018 - KS)

STATE OF KANSAS v. JAMES KINDER

State Supreme Court Judicial Center Topeka Kansas

The facts material to our analysis are straightforward. In Kinder's petition for our review of the Court of Appeals' decision under K.S.A. 20-3018(b), he agrees with the panel's recitation as follows:

"On July 29, 2013, the State charged Kinder with one count of mistreatment of a dependent adult, a severity level 8 person felony. According to the complaint, Kinder had been acting as a c... More...
   $0 (01-06-2018 - KS)

DUSTIN O. HOLT v. STATE OF KANSAS

Holt was convicted of first-degree premeditated murder and conspiracy to commit murder for his role in the death of Kenton Shoffner. The facts of the underlying conviction in this case are fully documented in State v. Holt, 285 Kan. 760, 176 P.3d 239
2

(2008), and we need not repeat them here. Following his direct appeal, Holt timely filed a pro se K.S.A. 60-1507 motion alleging th... More...
   $0 (12-29-2017 - KS)

JOSHUA ZURN v. STATE OF KANSAS,

Joshua Zurn appeals the district court's denial of his motion filed pursuant to K.S.A. 60-1507. Zurn alleged eight reasons that his attorney Charles Ball was ineffective: (1) Ball was unprepared for trial because he did not contact any of the witnesses prior to trial and did not request a preliminary hearing transcript; (2) Ball did not advise Zurn that he had a right to independent counsel or in... More...   $0 (12-29-2017 - KS)

STATE OF KANSAS v. RYAN ROBERT JOHNSON

Johnson was charged on December 30, 2014, with criminal threat by causing terror, evacuation, or disruption. In a separate complaint, he was also charged with criminal damage to property on the same day. At the time the charges were filed, Johnson was incarcerated in Pennsylvania and had a detainer from Kansas.

After Johnson was returned from Pennsylvania, a speedy trial determination h... More...
   $0 (12-15-2017 - KS)

STATE OF KANSAS v. ROBERT SAM WREN, JR.,

Burglary; Building Not Used as a Dwelling

On October 31, 2013, Wren pled no contest to one count of possession of methamphetamine in case No. 13-CR-270 and no contest to one count of burglary of a non-dwelling in case No. 13-CR-250. At sentencing, the district court found that Wren had a criminal history score of B. Defense counsel noted Wren had been evaluated for K.S.A. 2016 Supp. 21-6824, also known as Senate Bill 123. Counsel stated W... More...   $0 (12-08-2017 - KS)

STATE OF KANSAS v. MIGUEL ANGEL GONZALEZ

Aggravated Criminal Sodomy; w/child less than 14 offgreater than =18

Miguel Angel Gonzalez was convicted by a jury of aggravated criminal sodomy of a child under 14 years of age, an off-grid felony. The crime involved him molesting the daughter of his girlfriend.

Under Jessica's Law, Gonzalez faced a presumptive sentence of life imprisonment with no possibility of parole for 25 years. See K.S.A. 2016 Supp. 21-5504(b); K.S.A. 2016 Supp. 21-6627. Gonzal... More...
   $0 (12-08-2017 - KS)

STATE OF KANSAS v. RICHARD PAUL LANGSTON

On August 3, 2012, Langston and Tony Browning were driving side-by-side on 59th Street towards Leavenworth Road in Wyandotte County. Browning was driving his white SUV with his four-year-old son as a passenger; Langston was driving his blue pickup truck accompanied by his fiancée. Near the entrance to a high school, the left lane of 59th Street—Browning's lane—became a left-turn only lane. Brownin... More...   $0 (12-02-2017 - KS)

United States of America v. Kenroy Lloyd Benford

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

A jury convicted Kenroy Benford of being a felon in possession of a firearm in
violation of 18 U.S.C. § 922(g)(1) based on his constructive possession of a loaded
pistol that police seized from an apartment bedroom he shared with his girlfriend.
On appeal, Benford argues the district court erred in three ways: (1) it abused its
discretion by admitting evidence under Federal Rule of... More...
   $0 (11-14-2017 - KS)

ROGER DOYLE AUSTIN v. STATE OF KANSAS

The factual and procedural background for Austin's underlying convictions and sentence was summarized in State v. Austin, No. 105,612, 2012 WL 3135714, at *1 (Kan. App. 2012) (unpublished opinion). This court determined that the district court had not abused its discretion by denying Austin's motion to withdraw his plea. 2012 WL 3135714, at *4-6. Austin then filed a K.S.A. 60-1507 motion primarily... More...   $0 (11-19-2017 - KS)

JOHN K. CALVIN v. STATE OF KANSAS

The facts relevant to Calvin's convictions are set forth in this court's opinion in Calvin v. State, No. 109,947, 2014 WL 4080155, at *1 (Kan. App. 2014) (unpublished opinion) (Calvin III):

"On December 12, 2002, someone killed John Coates just outside the back door of his residence. Police determined that Calvin, Melvin White, and Benjamin Russell were attempting to rob Coates when one... More...
   $0 (11-10-2017 - KS)

STATE OF KANSAS v. DJUAN R. RICHARDSON

Richardson was convicted for sale of cocaine in 2003. After he was sentenced, the legislature expanded KORA to include certain drug offenders, including those convicted of sale of cocaine. L. 2007, ch. 183, sec. 1; see K.S.A. 2007 Supp. 22-4902(a)(11)(C). Following the change in the law, Richardson pled guilty to two counts of offender registration violations when he failed to register in April an... More...   $0 (11-09-2017 - KS)

STATE OF KANSAS v. GERALD HAMILTON

The relevant facts are straightforward. On August 3, 2012, Hamilton pled no contest to one count of attempted aggravated sexual battery for a crime committed on October 26, 2011. On September 4, 2012, the district court sentenced Hamilton to 30 months in prison followed by 24 months' postrelease supervision.

On June 1, 2016, the State filed a motion to correct illegal sentence, arguing... More...
   $0 (07-13-2017 - KS)

STATE OF KANSAS v. ANTHONY ROBERT METZGER

Indecent Liberties w/Child

On February 18, 2011, the State of Kansas charged Metzger with one count of rape in violation of K.S.A. 21-3502(a)(1) [now K.S.A. 2016 Supp. 21-5503] (a severity level 1 person felony); one count of aggravated indecent liberties with a child more than 14 years of age but less than 16 years of age in violation of K.S.A. 21-3504(a)(1) [now K.S.A. 2016 Supp. 21-5506] (a severity level 3 person felony... More...   $0 (07-12-2017 - KS)

STATE OF KANSAS v. DAVID SCOTT CARPENTIER

On November 9, 2015, the State charged Carpentier with a felony DUI and one count of test refusal in No. 15 CR 292. The district court released Carpentier on bond on November 9, 2015. While Carpentier was on bond in 15 CR 292, the State charged him with another felony DUI on February 16, 2016, in No. 16 CR 51.

On April 11, 2016, Carpentier pled guilty to one count of felony DUI in 15 C... More...
   $0 (07-11-2017 - KS)

STATE OF KANSAS v. STANLEY MITCHELL BURNS, JR.,

After events irrelevant to this appeal, the State charged Burns with criminal threat. Michael Brown was appointed to represent Burns on this charge. After a jury convicted Burns of criminal threat, Burns filed a direct appeal with our court, arguing the district court abused its discretion by not properly investigating Burns' request for a new attorney. The facts from that direct appeal follow. More...   $0 (07-11-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER DEAN CASH

In 2012, Cash pled guilty to one count of aggravated sexual battery. The district court sentenced him to 36 months in prison with 24 months' postrelease supervision. The district court then suspended the prison sentence and ordered probation. In 2015, after first imposing graduated sanctions, the district court revoked Cash's probation and ordered him to serve his underlying sentence including the... More...   $0 (06-13-2017 - KS)

STATE OF KANSAS v. MICHAEL CANDLEY, JR.

Aggravated indecent liberties with a child

On November 10, 2014, the State charged Candley with three counts of aggravated indecent liberties with a child, each off-grid person felonies in violation of K.S.A. 2016 Supp. 21-5506(b)(3)(A). The first two counts alleged that Candley had fondled or touched a child under the age of 14 with the "intent to arouse or satisfy the sexual desires" of either himself or the child between January 1, 2013... More...   $0 (06-13-2017 - KS)

RICKEY B. MARKS v. STATE OF KANSAS

"On October 11, 2008, Rozeta Marks was stabbed eight times in her chest, arm, and back while driving to a store with her husband, Rickey Marks . . . Marks was ultimately charged with and convicted of first-degree premeditated murder." State v. Marks, 297 Kan. 131, 132-33, 298 P.3d 1102 (2013). Marks was sentenced to life in prison with a minimum mandatory sentence of 25 years. 297 Kan. at 134. More...   $0 (06-12-2017 - KS)

STATE OF KANSAS v. LARRY LAVERNE TOOTHMAN

On August 7, 2013, Larry L. Toothman was charged in a seven-count complaint or information. On December 12, 2013, the complaint or information was amended to add an additional four counts. Counts 1 and 2 charged aggravated criminal sodomy or in the alternative criminal sodomy; Count 3 charged aggravated criminal sodomy or in the alternative aggravated incest; Counts 4, 5, and 6 charged aggravated ... More...   $0 (06-12-2017 - KS)

STATE OF KANSAS v. MATTHEW R. MCDANIEL

Case Video

Ronald Wilson died from two gunshot wounds to the head. Wichita police investigated the death and questioned McDaniel. After initially denying involvement, McDaniel eventually confessed that he, Kendall Gentry, and Christopher Brown had planned to rob Wilson two days before the crime. He speculated the robbery's purpose was to assist in covering a drug debt Brown owed because one of Wilson's relat... More...   $0 (06-12-2017 - KS)

SHANNON BOGGUESS v. STATE OF KANSAS

Case Video

On the morning Bogguess was scheduled to go before a jury for trial, he requested a bench trial on stipulated facts. The district court conducted the following colloquy with Bogguess:

"THE COURT: And, Mr. Bogguess, just so that I am perfectly clear on this matter, you do understand that all charges contained in and set forth in the amended Information filed on May 29 of 2009, are sch... More...
   $0 (06-12-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER M. MCGUIRE

In 2009, Christopher M. McGuire pleaded guilty to two counts of felony aggravated battery in case 09 CR 1935. The assistant district attorney who prosecuted him was S.W., who is also the victim in this case. The district court granted a defense motion for dispositional departure and sentenced McGuire to probation. In 2010, McGuire admitted to having violated his probation and was sent to Larned St... More...   $0 (06-10-2017 - KS)

STATE OF KANSAS v. SCOT E. BACON II

Commercial sexual exploitation of a child

The State charged Scot E. Bacon II with two counts of commercial sexual exploitation of a child. Following a jury trial, Bacon was found guilty of one count but acquitted of the other. Bacon raises eight issues in his direct appeal: (1) that his statutory speedy trial rights were violated; (2) that the trial court erred by allowing the State to amend its complaint; (3) that the trial court erred b... More...   $0 (06-10-2017 - KS)

 
 
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