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Kansas Real Property Law
 

STATE OF KANSAS v. DAVID CANTRELL SR.

Rape and aggravated indecent liberties with a child

The relevant facts are straightforward and uncontested. The State charged Cantrell with four counts of off-grid rape and one count of aggravated indecent liberties with a child, a severity level 3 person felony, in 16CR2758. The State also charged Cantrell with
2

one count of off-grid aggravated indecent liberties with a child in 16CR2826. For purposes of this appeal, we do not nee... More...
   $0 (01-20-2018 - KS)

STATE OF KANSAS v. JOSHUA MICHAEL MALL

On October 5, 2015, Mall made the fatal decision to drink alcohol and drive his truck. Unfortunately, Mall included his 6-year-old daughter, Madilyn, in that decision. After drinking nearly half of a bottle of whiskey and smoking some marijuana, Mall put Madilyn into his 2001 Ford Ranger and decided to drive. Mall sped down Tuttle Creek Boulevard in Manhattan, Kansas, weaving in and out of traffic... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. STEVEN TERRY JORDAN

Around 1:30 a.m. on February 6, 2013, in Great Bend, Kansas, A.W. was preparing to go sleep. She had worked at a nearby gas station that evening and had just sent her cousin home because it was late. About 10 minutes after getting into bed, A.W. heard footsteps on her front porch and a loud banging at her front door, as if someone was kicking it in. A.W. turned on her light, picked up her cell pho... More...   $0 (01-16-2018 - KS)

CITY OF TOPEKA v. WILLIE L. MURDOCK

Willie L. Murdock appeals from his conviction of possession of drug paraphernalia under Topeka Municipal Code. 9.50.040(a)(2). He argues (1) the district court erred when it denied his motion to suppress because he did not give Officer Matthew Blassingame consent to enter his apartment; (2) the court erred when it denied his motion to suppress because the plain view doctrine was not satisfied; (3)... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. AARON T. CESSNA

On March 19, 2014, the Sedgwick County District Attorney's office charged
Cessna with nine counts of sexual exploitation of a child. Earlier that month, Quang Minh Nguyen, an employee at Octapharma Plasma, was going through the lost and found at the business and discovered a black and red cell phone that had been there for approximately three weeks. Quang attempted to turn the phone on to de... More...
   $0 (01-16-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Ward and his friend Andrew Rhodes formed and operated a construction business, All Construction Guaranteed Roofing and Restoration (ACG). Their financial arrangement was a loose one. They merely orally agreed to become general contractors who would supply materials and hire subcontractors to perform work on projects. Neither had a set salary; occasionally they would estimate profits and divide the... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. LAKOTA F. THUNDER, A/K/A URSALA HAIRYSHIRT

Lakota Thunder appeals the district court's decision revoking her probation and ordering her to serve her underlying prison sentence. Thunder contends the district court should have given her another chance at probation instead of ordering her to serve her 40-month underlying sentence. But Thunder committed additional crimes while she was on probation, thus giving the district court the discretion... More...   $0 (01-06-2018 - KS)

GARY LEE MORNINGSTAR, JR. v. STATE OF KANSAS

In 2007, Gary Morningstar was convicted by a jury of one count of rape of a child under the age of 14, one count of aggravated battery, one count of abuse of a child, and one count of aggravated endangerment of a child. The facts of the case are well-known to the parties and need not be reiterated here.
2

Morningstar was sentenced to life imprisonment with no possibility of parole ... More...
   $0 (01-06-2018 - KS)

UNITED STATES OF AMERICA v. JOSE RIOS-MORALES

UNITED STATES COURT OF APPEALS TENTH CIRCUIT

The drug conspiracy at issue in this case involved Defendant, his brother Omar,
and co-defendant Felipe Sifuentes. Mr. Sifuentes, who entered into a plea agreement with
the government, was a key witness at Defendant’s trial. He testified that he began selling
methamphetamine around 2011 or 2012. In 2013 or 2014, Mr. Sifuentes stopped selling
methamphetamine for a period of time ... More...
   $0 (12-30-2017 - KS)

STATE OF KANSAS v. NATASHA D. PETERS

Natasha Peters appeals the district court's decision revoking her probation and ordering her to serve her underlying prison sentence. Peters contends the district court should've given her another chance at probation rather than send her to prison.

But Peters admitted to the district court that she committed nine new criminal offenses while on probation. These new offenses gave the dist... More...
   $0 (12-29-2017 - KS)

STATE OF KANSAS v. JEREMY MICHAEL SPAUR

On January 28, 2015, Kerry Free drove his 2002 Dodge Ram to work in Manhattan, parked it, and left to go to a construction site. When he returned that night, his truck was gone. The next day, Free saw his truck parked in the Quality Inn parking lot. His tools, stereo system, and two firearms were missing. Free estimated the value of his truck to be over $1,000. He estimated the combined value of t... More...   $0 (12-29-2017 - KS)

STATE OF KANSAS v. JERAMIAH LEE ZIMMER

Zimmer was convicted of aggravated indecent liberties with a child under K.S.A. 21-3504, which triggered the KORA's requirement that Zimmer register as a sex offender. On August 8, 2016, a deputy with the Sedgwick County Sherriff's Office was advised that Zimmer "was not living where he was registered [and] was staying at other addresses." Zimmer was arrested for a parole violation three days late... More...   $0 (12-29-2017 - KS)

STATE OF KANSAS v. BRADLEY S. STANLEY

In the early hours of August 14, 2015, Womack was receiving treatment at the Ottawa County Health Center after being beaten by her boyfriend at the time, Stanley. When Deputy Aaron Zeigler arrived at the hospital, he was initially unable to recognize Womack due to the bruising and swelling of her face. In assessing Womack, Zeigler noted her nose was bleeding, her mouth had blood around it, and 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. JEREMY MICHAEL SPAUR

On January 28, 2015, Kerry Free drove his 2002 Dodge Ram to work in Manhattan, parked it, and left to go to a construction site. When he returned that night, his truck was gone. The next day, Free saw his truck parked in the Quality Inn parking lot. His tools, stereo system, and two firearms were missing. Free estimated the value of his truck to be over $1,000. He estimated the combined value of t... 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. DUSTIN BRIAN HILT

Case Video Click Below

Hilt's 2010 jury convictions of first-degree premeditated murder, aggravated kidnapping, and aggravated robbery arose out of the violent death of his former girlfriend, Keighley Alyea. In State v. Hilt, 299 Kan. 176, 322 P.3d 367 (2014), this court affirmed Hilt's convictions and his grid sentences but vacated his hard 50 life sentence because it was based on fact-finding by a judge, a predicate p... More...   $0 (12-15-2017 - KS)

STATE OF KANSAS v. NORMAN VINSON CLARDY

On May 27, 2016, Officer Robert Sachs, Sergeant Jayme Green, and Officer Ralston were on bike patrol in the area of 7th and Taylor Street in Topeka. The officers saw an individual, later identified as Norman Vinson Clardy, fail to stop at a stop sign as he entered the intersection on his bicycle. The officers instructed Clardy to stop so they could identify him and explain why they stopped him. <... More...   $0 (12-09-2017 - KS)

DANIEL P. PARKER v. STATE OF KANSAS

Murder in the First Degree

A Riley County jury convicted Daniel Parker of felony murder; the underlying felony offense was criminal discharge of a firearm. Parker was sentenced to life in prison without the possibility of parole for 20 years. After his direct appeal was denied, he filed a habeas corpus claim alleging ineffective assistance of counsel. He claimed that his trial attorney's representation had been deficient be... More...   $0 (12-08-2017 - KS)

STATE OF KANSAS v. JOCELYN RENEE JOINER

Aggravated Burglary

: Trey Dantzson burglarized a Topeka home, where he stole several items, including a flat-screen television and a 7-inch computer tablet. Over the next 10 days, Dantzson's girlfriend, Jocelyn Joiner, exchanged both items for cash at an area pawn shop. Each time, she signed transaction receipts certifying that she was either the legal owner or was acting as the agent for the legal owner of the item... 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. CHARLES A. BECK, JR

Battery Against City/County Corr Officer/Employee

In September 2013, the State charged Charles A. Beck, Jr. with one count each of first-degree murder and attempted first-degree murder. The complaint alleged Beck killed Lonnie Staggs by strangulation and attempted to kill Staggs' 15-yearold son by cutting him with a knife and strangling him with a cord.

2



After the district court found Beck competent to stand tri... 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)

STATE OF KANSAS v. RYAN M. KLAWITER

In 13CR3473, Klawiter pled guilty to one count of aggravated assault and one count of misdemeanor criminal damage to property. On May 13, 2014, the district court sentenced Klawiter to 26 months' imprisonment for the aggravated assault conviction and to a six-month jail term for the criminal damage to property conviction and ordered the sentences to run consecutively. The district court placed Kla... More...   $0 (12-02-2017 - KS)

STATE OF KANSAS v. OSI BISA MCBRIDE

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Osi Bisa McBride appeals his kidnapping conviction, claiming the prosecutor violated his rights to a fair trial by making improper remarks to the jury during closing arguments. A Court of Appeals panel agreed prosecutorial error occurred when the prosecutor asserted the alleged victim deserved consideration similar to the presumption of innocence constitutionally recognized for criminal defendant... More...   $0 (11-30--0001 - KS)

STATE OF KANSAS v. JULIO XAN SAQUIC

Jose Ramos was run over and killed by a vehicle operated by Julio Xan Saquic, prompting the State to charge Saquic with, among other things, involuntary manslaughter while driving under the influence of alcohol and driving under the influence of alcohol. A jury found Saquic guilty of all the charges. At sentencing, the district court dismissed the conviction for driving under the influence of al... More...   $0 (11-24-2017 - KS)

STATE OF KANSAS v. JONATHON M. PENTLIN

On February 24, 2016, Pentlin pled guilty to one count each of possession of marijuana with intent to distribute, a severity level 3 drug felony; possession of methamphetamine, a severity level 5 drug felony; and possession of drug paraphernalia, a class A nonperson misdemeanor. The district court granted Pentlin's motion for a dispositional departure and sentenced him to 36 months' probation with... More...   $0 (11-22-2017 - KS)

United States of America v. Carlos Francisco Martin

District of Kansas Federal Courthouse - Wichita, Kansas

Wichita, KS - Coffeyville Man Sentenced for Trying to Buy Bomb Online

A Coffeyville man who tried to buy an explosive on the internet was sentenced November 17, 2017 to two years in federal prison.

Carlos Francisco Martin, 19, Coffeyville, Kan., pleaded guilty to one count of attempting to obtain an explosive with intent to destroy property. In his plea, he admitted he ordered an... More...
   $0 (11-20-2017 - KS)

United States of America v. Steve J. Meisel

District of Kansas Federal Courthouse - Kansas City, Kansas

A jury found Steven Meisel guilty of distributing and possessing child
pornography. See 18 U.S.C. § 2252(a)(2), (a)(4)(B). Meisel asserts the district
court (1) violated his right to present a complete defense by preventing him from
adducing alternative perpetrator evidence1; and (2) erred in denying his request to
instruct the jury on “identity.” Even assuming the district court e... More...
   $0 (11-14-2017 - 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)

STATE OF KANSAS V. JASPER THOMAS EPPS

On May 28, 2015, Epps entered Enterprise Bank and identified himself as Kelvin Cane. Epps deposited a check for approximately $34,000 that purported to be from Fairway Construction Company to Cane Construction Corporation. However, Fairway did not actually issue this check. The next day, Epps returned to the bank to withdraw $8,800 from the account. Epps showed the bank teller a Kentucky ID with ... More...   $0 (11-19-2017 - KS)

JOHN BALBIRNIE v. STATE OF KANSAS

John Balbirnie was found guilty by a jury of the second-degree murder of Paul Nicholson, who died from a stab wound in the chest. Balbirnie now challenges his conviction on the ground that the attorney who represented him at trial provided inadequate representation.

We agree that his attorney made one significant error—failing to get admitted into evidence a recording of the 911 call t... More...
   $0 (11-19-2017 - KS)

STATE OF KANSAS v. GARY DANIEL MARKS

Trafficing in contraband in a care and treatment facility

On May 14, 2012, Tracy Hands, a property officer for the Sexual Predator Treatment Program (Program) at Larned State Hospital (Larned), delivered mail to Gary Marks. Hands could feel there was something hard in the envelope. He notified campus safety security and told them he suspected the letter might contain contraband. Hands and Brian Stahlecker, a lieutenant with safety security, gave the piec... More...   $0 (11-19-2017 - KS)

DAVID ANDREW STEVENSON v. STATE OF KANSAS

On February 2, 2016, Daniel Ashbaugh came to the Crawford County Sheriff's Office and advised that he wanted to turn himself in for molesting his grandsons. After being advised of his Miranda rights, Ashbaugh confessed to Deputy Scott Tyrell that he had molested his two five-year-old grandsons, H.A. and T.A. Ashbaugh was 65 years old.

Based on an affidavit of probable cause prepared by ... More...
   $0 (11-10-2017 - KS)

STATE OF KANSAS v. DEANDRE PANNELL

Julie Alexander and Pannell were in a long-term relationship. While in the relationship, they shared a 2001 white Chevy Blazer, which was owned by Julie. In 2013, the relationship began to deteriorate. On June 28, 2013, Pannell took Julie's Blazer without her permission. Julie filed a police report about the theft on the same day it happened.

On July 5, 2013, Julie and her sister Rache... More...
   $0 (11-10-2017 - KS)

STATE OF KANSAS v. DARRELL BROXTON

Peter Belmont, a resident of Wyandotte County, habitually picked up young African-American men in Kansas City, Missouri. Belmont had befriended several men this way. They would do odd jobs and yard work at his home. They would help him with his dogs. Three men became long-term friends: Michael Griffin, Raymond Miller, and Quincy Coleman. Some men Belmont would pick up and take back to his home, an... More...   $0 (11-10-2017 - KS)

STATE OF KANSAS v. RICHARD P. LANGSTON

This case began with an anonymous tip that Langston had child pornography at his apartment. Based on the tip, officers from the Kansas City, Kansas, Police Department got a warrant to search his apartment, part of a four-plex living arrangement. They seized a computer and a detached hard drive on a desk in a common area off the living room.

After the hard drive was assessed by a foren... More...
   $0 (11-09-2017 - KS)

STATE OF KANSAS v. DARRELL L. WILLIAMS

In February 2014, police officers responded to a report that Williams had become suicidal. Police officers arrested Williams based on an unrelated warrant. Williams initially cooperated with the police officers but became unruly after learning that his girlfriend was also being arrested pursuant to a warrant for her arrest. After "tussling" with Williams, two police officers restrained him by tasi... More...   $0 (11-09-2017 - KS)

STATE OF KANSAS v. JASON L. JEARDOE

On April 11, 2014, Jeardoe was driving a 2014 Chevrolet truck westbound on K18, a two-lane highway. At some point, Jeardoe moved into the eastbound lane, where he had a head-on collision with a 1998 Plymouth Neon driven by Emma Pisocki. Emma's father, Jason Pisocki, was in the passenger seat. Both Emma and Jason were killed in the accident. Following the accident, law enforcement observed that Jea... More...   $0 (11-08-2017 - KS)

In the Matter of the Paternity of S.M.J., a minor

K.S.A. 2016 Supp. 20-1204a(c) says that when a person accused of indirect
contempt doesn't appear for the contempt hearing, the court can issue a bench warrant
and shall proceed with the contempt hearing "when such person is brought before the
court." Read as a whole, this subsection means that a district court cannot hold a civil-
contempt hearing in the absence of the pers... More...
   $0 (08-31-2017 - KS)

 
 
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