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Kansas Real Property Law
 

STATE OF KANSAS v. JERRY JOHNSON, JR.

This case began in July 2015 when the State charged Johnson with attempted aggravated robbery, aggravated assault using a knife, criminal threat, interference with a police officer, possession of methamphetamine, and possession of marijuana with a prior conviction. As part of a plea deal, Johnson pled no contest to possession of methamphetamine, possession of marijuana with a prior conviction, and... More...   $0 (04-17-2017 - KS)

STATE OF KANSAS v. TRENTON BISHOP

The State charged Bishop with kidnapping, aggravated burglary, and two counts of aggravated robbery arising out of the home invasion. During his jury trial Bishop and the State reached a plea agreement whereby Bishop pled guilty to a single count of aggravated robbery and the State dismissed the remaining charges. Further, they agreed that Bishop could argue for a departure at sentencing.
<... More...
   $0 (04-17-2017 - KS)

STATE OF KANSAS v. DONNIE L. TAYLOR

Officer Brian Vollweider observed Taylor get into the passenger side of a car. Officer Vollweider was familiar with Taylor from prior experiences. He thought Taylor might have an arrest warrant so he stopped the car, told Taylor about the potential warrant, and asked Taylor to exit the vehicle. According to Vollweider when Taylor got out of the car he was carrying a purple Crown Royal bag and some... More...   $0 (04-17-2017 - KS)

STATE OF KANSAS, SALINA POLICE DEPARTMENT v. ONE 2007 FORD MUSTANG AUTOMOBILE, VIN 1ZVFT82H175328282 and GEORGE LOGAN MEINHARDT

Meinhardt purchased a blue 2007 Roush Ford Mustang from his neighbor. Meinhardt paid $32,500 for the Mustang, with money that he inherited after his father died.

Two months after Meinhardt's purchase, Officer Kevin Reay, a patrol officer with the Salina Police Department, pulled up to a stop light. Reay saw Meinhardt in the lane next to him, driving the Mustang. Reay was familiar with M... More...
   $0 (04-17-2017 - KS)

STATE OF KANSAS v. RICHARD CUSHINBERRY

On the morning of November 17, 2013, Richard and Angela Cushinberry had a heated argument in their home. As a result, Angela called the police. Officers Ryan Allison and Glenn McMurray of the Hutchinson Police Department responded shortly thereafter and separated the couple. Angela alleged that during the dispute Cushinberry had thrown a vase and shattered the bedroom mirror. Cushinberry admitted ... More...   $0 (04-17-2017 - KS)

STATE OF KANSAS v. ZELL PEARSON

During the search of his home, the police found drugs and drug paraphernalia in various locations. In the master bedroom the police found $8,605, a marijuana grinder, a wooden dugout, and 59 Lortab (hydrocodone) pills wrapped in a paper towel. According to the police officer's affidavit, the police found over 300 grams of marijuana. The marijuana in the basement was packaged in various jars and he... More...   $0 (04-17-2017 - KS)

STATE OF KANSAS v. JERRY A. ANDERSON

The State's complaint against Jerry A. Anderson charged him with aggravated (armed) robbery of a Loan Max store in Hutchinson, Kansas. The security video from the
2

store showed a black male, wearing a new blue and red Atlanta Braves baseball cap, a black do-rag, a long-sleeved blue shirt, blue jeans, and white tennis shoes.

Security video from Loan Max and two nearby b... More...
   $0 (04-10-2017 - KS)

STATE OF KANSAS v. SAMPSON D. GRANT III

Sexual exploitation of a child

Grant was convicted by a jury of two counts of commercial sexual exploitation of a child stemming from events that occurred sometime between May 1 and May 9, 2015. In May 2015, K.A., who was 16 years old at the time, had run away from her foster home in Wichita sometime near the conclusion of April. K.A. met up with Kiley Jordan, an individual K.A. described as "like family to me." Jordan informed... More...   $0 (04-10-2017 - KS)

STATE OF KANSAS v. WILLIAM JOSEPH KELLY III

On January 6, 2013, Kelly, who was 18 years old at the time, and his friend, Lee King, were drinking at a friend's house. At around 3:30 a.m., the two left, with Kelly driving. On the way home, Kelly approached a sharp turn on a gravel road. Although Kelly applied the brakes and turned the steering wheel, the truck slid on the gravel. The truck hit a row of trees, breaking branches 4 to 5 feet off... More...   $0 (04-10-2017 - KS)

STATE OF KANSAS v. KENNETH LEE POSEY, JR.

On October 17, 2015, Posey arrived at C.H.'s home in Topeka to pick up their 4year-old daughter, Z.P., and C.H.'s 8-year-old son from a prior relationship, X.H., for an overnight visit. Posey had asked C.H. before coming over if he could take the children to the pumpkin patch with his new girlfriend, but C.H. had said no. After C.H. put the children in Posey's car, Posey told C.H. he was taking th... More...   $0 (04-03-2017 - KS)

STATE OF KANSAS v. JAMES FRANKLIN ATKISSON, JR.

On January 10, 2014, the State charged Atkisson with two counts of off-grid rape for having sexual intercourse with A.A.B., who was under 14 years of age. The parties subsequently entered in a plea agreement whereby Atkisson would plead no contest to one count of rape in exchange for dismissal of the other count. The State agreed to recommend that Atkisson receive a departure to a severity level 1... More...   $0 (04-03-2017 - KS)

ANDRE D. BAILEY v. STATE OF KANSAS

When he was just 17 years old, Bailey and three of his friends, DaQuan Dean, Cheryl Starr, and Sade James, were involved in the aggravated burglary and robbery of Ricky Stewart and Meagon Hicks. Prior to leaving the scene, Bailey fired a number of shots at Stewart and Hicks' closed front door. Several of the shots hit Stewart and he died later that day from the injuries.

Bailey was char... More...
   $0 (04-03-2017 - KS)

STATE OF KANSAS v. GERALD J. MADKINS, III

L.D., the victim, began living with Madkins in Wichita during the summer of 2014. After some friends left to go to a movie, Madkins went into the kitchen and L.D. stayed seated on the couch, playing on her phone. Madkins returned from the kitchen and called L.D. "a bitch, a whore, [and] tramp," and accused her of cheating.

L.D. reached for her purse, but Madkins pulled it away from he... More...
   $0 (04-03-2017 - KS)

STATE OF KANSAS v. DEAN ALAN COWLES

On the evening of February 19, 2014, Cowles and J.C. Hartpence were drinking alcohol in Cowles' trailer, which belonged to the oil drilling company for which they both worked in Kingman, Kansas. At some point in the evening, Cowles called Curtis Shelton, another employee who worked for the oil drilling company. Cowles was angry because it was after work hours but Curtis' son, Nicholas, had not ret... More...   $0 (04-03-2017 - KS)

STATE OF KANSAS v. SHAWN ROBERT SASSER

Sasser became enraged when his daughter decided to spend her birthday with his ex-wife (the daughter's mother) and the ex-wife's friend, Sean Zuber. On the evening of the birthday, Sasser sent a series of menacing text messages to his ex-wife over several hours. In them, he referenced killing her and Zuber, writing such things as: "Shortly you
will be in pieces begging for your life," "you w... More...
   $0 (04-03-2017 - KS)

STEVEN JACKSON v. STATE OF KANSAS

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In March 2009, Jackson was charged with battery against a state corrections officer or employee. Jackson was accused of intentionally causi... More...
   $0 (03-29-2017 - KS)

STATE OF KANSAS v. JACQUELINE L. COLEMAN

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This appeal arises out of four criminal cases in Sedgwick County District Court. In May 2012, the State charged Coleman with felony theft a... More...
   $0 (03-29-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER RUSSELL GREGORY

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In July 2012, Gregory's girlfriend called the police when Gregory began punching windows out of their car. By the time a police officer arrived,... More...
   $0 (03-28-2017 - KS)

STATE OF KANSAS v. TIOFILO RODRIGUEZ

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On December 29, 2011, Rodriguez lived with his girlfriend, Alicia Apodaca, and her two sons, J.R. and S.R., in Alicia's apartment in Ulysses. At the time, J.R. was age 14 a... More...   $0 (03-28-2017 - KS)

STATE OF KANSAS v. WILLIAM PORTER SWOPES

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On December 31, 2014, officers of the Topeka Police Department conducted a driver's license checkpoint. A black Mazda approached the checkpoint and accelerated through it without stopping. Police later identified the driv... More...   $0 (03-20-2017 - KS)

STATE OF KANSAS v. JASON CHRISTOPHER PEREZ

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Our recitation of the facts is highly summarized. Perez was charged in Sedgwick County in a 14-count complaint consisting of three counts of att... More...
   $0 (03-20-2017 - KS)

STATE OF KANSAS v. AARON ANTHONY BREAULT

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While on patrol, Officer Cory Chambers "observed a red Yamaha moped . . . conduct an improper left turn." While the driver was making the turn he appeared to wobble from side to side and had both feet on the ground. Chamb... More...   $0 (03-20-2017 - KS)

STATE OF KANSAS v. EDMOND LEE WININGER

Sex Offender


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The State charged Wininger with one count of aggravated indecent liberties with a child under the age of 14, an alternative count of indece... More...
   $0 (03-20-2017 - KS)

STATE OF KANSAS v. KENNETH HARRIS

Sex offender

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On September 23, 2013, K.S. told her stepmother that her father, Harris, had been raping her for almost... More...
   $0 (03-20-2017 - KS)

STATE OF KANSAS v. DAVID AARON KELLY

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On February 13, 2014, Kelly pled no contest to one count of criminal threat in case no. 2013CR763.... More...
   $0 (03-11-2017 - KS)

JON-DAVID BARNHILL v. BRW EXPRESS, et al. and ALLIED WASTE, INC. and AMERICAN HOME ASSURANCE CO

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Barnhill was driving a truck for Allied Waste Services when he came upon a collision blocking his ... More...
   $0 (03-11-2017 - KS)

STATE OF KANSAS v. NICHOLAS L. COLLINS

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A jury convicted Nicholas L. Collins of attempted aggravated robbery and aggravated battery. Collins appeals his convicti... More...
   $0 (03-10-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER BROOKS

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After being arrested on a bench warrant in April 2014 for failing to appear in municipal court, Gregory Webster offered to help narcotics officers with the Emporia Police Department by purchasing illegal drugs in a m... More...   $0 (03-10-2017 - KS)

Luke Gannon v. State of Kansas

(Kansas Public School Funding Case)

This is the fourth school finance decision involving these parties and Article 6 of the Kansas Constitution, which imposes a duty on the legislature to "make suitable provision for finance of the educational interests of the state." Kan. Const. art. 6, 6(b). The plaintiffs filed suit in 2010 asserting that the State violated this constitutional requirement by inequitable and inadequate funding ... More...   $0 (03-03-2017 - KS)

United States of America v. Weiquiang Zhang

Kansas City, KS - Kansas Agricultural Scientist Convicted in Theft of Engineered Rice

A federal jury returned guilty verdicts in the case of a Chinese scientist, who was charged with conspiring to steal samples of a variety of rice seeds from a Kansas biopharmaceutical research facility.

Weiqiang Zhang, 50, a Chinese national residing in Manhattan, Kansas, was convicted on one c... More...
   $0 (02-16-2017 - KS)

CRAIG S. WILSON v. KANSAS PRISONER REVIEW BOARD, et al.,

Sex Offender

Craig S. Wilson appeals the ruling of the Leavenworth County District Court dismissing his habeas corpus petition contesting the decision of the Prisoner Review Board to deny him parole. On appeal, Wilson couches the review board's action as violating his equal protection and due process rights secured in the Fourteenth Amendment to the United States Constitution. We disagree and affirm the distr... More...   $0 (02-26-2017 - KS)

STATE OF KANSAS v. JESUS MUNOZ

On November 19, 2013, J.M. caught M.M., her 13-year-old daughter, with an iPhone. This surprised J.M. because M.M. was not allowed to have a cell phone. J.M. took the iPhone away from M.M. Upon searching through the iPhone, J.M. found photos of M.M. in her bra and underwear, which had been sent to a contact listed as "JMZ." J.M. contacted A.M., her husband and M.M.'s father, about the photos. Toge... More...   $0 (02-26-2017 - KS)

STATE OF KANSAS v. WILLIAM D. HOLT II

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State law requires a sentencing court in a criminal case to order restitution "unless [it] finds compelling circumstances which would render a plan of restitution unworkable." K.S.A. 2015 Supp. 21-6604(b)(1). In this case, the district court ordered restitution after sentencing William Holt II to life imprisonment. It did not order Holt to begin paying while in prison.

A question on app... More...
   $0 (02-26-2017 - KS)

STATE OF KANSAS v. BRIAN LY QUANG NGO

Ngo pled no contest to one count of forgery, a level 8 nonperson felony according to K.S.A. 2014 Supp. 21-5824. The district court decided Ngo's criminal history score was A based on its determination that he had three prior person felony convictions. By counting Ngo's two prior Kansas person felonies and adding together two Kansas class A or B misdemeanor convictions with a Texas misdemeanor conv... More...   $0 (02-19-2017 - KS)

STATE OF KANSAS v. ANDREW ROBERT WIELAND

Child Pornography

The pertinent facts may be outlined briefly. The crimes came to light in early 2013 when a man bought a used computer Wieland had owned from a Johnson County pawnshop. After discovering child pornography on the computer, the man turned the computer over to law enforcement authorities. They found 168 images and 19 videos of child pornography on the computer and were able to trace the files and thei... More...   $0 (02-19-2017 - KS)

STATE OF KANSAS v. VICTOR FRITZ BROSSEIT

On the evening of June 23, 2014, Wellsville Police Officer Brandon Early received a dispatch that a tan Chevy truck was driving erratically. Early located the truck and began to follow it after it had left a liquor store; he eventually pulled the driver over for failing to maintain one lane. Early identified Brosseit as the driver.

Officer Early requested Brosseit's driver's license whi... More...
   $0 (02-19-2017 - KS)

STATE OF KANSAS v. NICHOLAS TOLAND

On April 10, 2014, officers of the Dodge City Police Department responded to a report of a burglary in progress. When officers arrived at the scene, they encountered the victim, who stated that he had returned to his home that afternoon and discovered a red SUV parked in his driveway. The victim said that he noticed three men outside his house, two of whom were in the process of removing property ... More...   $0 (02-19-2017 - KS)

TODD D. SCHUMACHER v. STATE OF KANSAS

In State v. Schumacher, 298 Kan. 1059, 1060-66, 322 P.3d 1016 (2014), our Supreme Court explained the underlying facts of Schumacher's first-degree premeditated murder trial and conviction as follows:

"[T]he evidence presented at Schumacher's trial showed that on March 22, 2010, Schumacher learned that his ex-wife Ann was seeking child support and full custody of two of the couple's thr... More...
   $0 (02-14-2017 - KS)

STATE OF KANSAS v. LARRY T. CORNETT

Larry Cornett appeals his convictions for making false information and theft. These convictions arise out of taking a computer monitor from the office of the Riverside Baptist Church and selling it to a pawn shop. As part of the sales transaction, Cornett certified that he had owned the monitor for 2 years and had the legal right to sell it.

Cornett claims there was insufficient eviden... More...
   $0 (02-14-2017 - KS)

STATE OF KANSAS v. KYLE R. WILLIAMS

In June 2014, Peris Wanjiku drove her 1997 green Honda Accord to go shopping. When she walked out to the parking lot after she was finished, Wanjiku could not find the car. After searching the parking lot for approximately 15 minutes, Wanjiku called the police to report that her car was stolen.

That same afternoon, Detective Bart Evans of the Derby Police Department was patrolling a Der... More...
   $0 (02-13-2017 - KS)

 
 
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