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Kansas Real Property Law
 

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)

STATE OF KANSAS v. RICHARD S. GINGLES

Early in the morning of May 30, 2015, around 3 a.m., a deputy from the Clay County Sheriff's Department received a report of a suspicious individual in an alley behind a local bar. While investigating, the deputy saw a man walking across the street near the bar. The deputy pulled up next to the individual to talk with him. When the individual began to speak, the deputy recognized him as Gingles. G... More...   $0 (07-13-2017 - KS)

REGINALD STEWART v. STATE OF KANSAS

In the underlying criminal prosecution, the State charged that in March 2011 Stewart and two other men jumped a fourth man on a Wichita street around midnight. Stewart and his cohorts hit and kicked the victim. They took $8, cigarettes, and a white lighter from the victim and then fled. Almost immediately, the victim flagged down a uniformed Wichita police officer on patrol to explain what happene... More...   $0 (07-13-2017 - KS)

STATE OF KANSAS v. DANIEL LYNN CREGUT

Around May 2012, Wilson and Cregut began dating. In March 2014, Wilson ended her relationship with Cregut. After the breakup, Wilson and Cregut continued to communicate and had what Wilson described as "an on and off thing." But on June 21, 2014, Wilson obtained a protection from abuse order against Cregut. Cregut was ordered not to have any contact with Wilson.

On June 29, 2014, Cregut... More...
   $0 (07-13-2017 - KS)

STATE OF KANSAS v. ANDREA SHUCKAHOSEE

On October 28, 2013, at a Walmart in Lawrence, Kansas, Shuckahosee was stopped by a Walmart asset protection officer (APO) outside the front entrance of the store with a cart full of items for which she had not paid. Shuckahosee told the APO that she had gone outside without paying because she had not completed her shopping; she wanted to buy a pumpkin on display outside the store's front entrance... More...   $0 (07-12-2017 - KS)

STATE OF KANSAS v. AQUARIUS TERRELL HURT

On August 24, 2013, Chandria Young was at the house of her friend, Autumn Ashlock. The women invited Quentin Lawrence, Daijour Parker, and Dominic Gordon to Ashlock's house, where they listened to music and drank alcohol. Young and Gordon were in a relationship at that time. At some point in the evening, Ashlock drove the group to QuikTrip to buy cigars or cigarettes.

While at QuikTrip,... More...
   $0 (07-12-2017 - KS)

STATE OF KANSAS v. GERALD D. ELKINS, JR.,

Around 6:30 a.m. on a snowy winter morning, Officers Jared Thomas and Josh Gilmer were dispatched to Calvary Towers in Wichita in response to a report of a suspicious character carrying a large television toward Calvary Towers. When the officers arrived, the caller, Rance Kindred, told them that the suspicious character, a black male with blue jeans and a tan jacket, had entered Calvary Towers. Of... More...   $0 (07-11-2017 - KS)

STATE OF KANSAS v. TIMOTHY C. BOETTGER

Defendant was charged with criminal threat for statements he made to Cody Bonham at the Kwik Shop in Lawrence, Kansas, where Bonham worked. Defendant
2

frequented the Kwik Shop and had a long-standing habit of talking with Bonham and another employee, Neil Iles, while there. Defendant knew Bonham's father was a member of the sheriff's department.

On this occasion, Defend... More...
   $0 (07-10-2017 - KS)

STATE OF KANSAS v. GARY R. COMSTOCK

Gary R. Comstock appeals from his sentences in case Nos. 13 CR 1376 and 15 CR 315. He claims that the district court (1) erred in scoring two pre-1993 Kansas burglary convictions as person felonies and (2) abused its discretion in the inadequate extent of the durational departure the court granted.

Comstock has an extensive criminal history dating back to 1978. He has 35 prior convi... More...
   $0 (07-10-2017 - KS)

STATE OF KANSAS v. STEPHEN ALAN MACOMBER

In June 2010, Risa Lofton and Ryan Lofton were married but not living together. While she was at Ryan's house, the two began to argue because she told Ryan that she was going to leave with Macomber. Ryan did not want her to go. Risa sent Macomber a text message asking him to come pick her up.

Macomber arrived and parked in the driveway behind another car. He stayed inside his car. Wh... More...
   $0 (07-10-2017 - KS)

STATE OF KANSAS v. DANIEL PEREZ,

State v. Perez - Video

In our discussion of the facts, we will refer to the witnesses and victims by first name because many of them share surnames or changed surnames after marriage. Sometime before the mid-1990s, Perez was living in Texas. There, he met a woman named Patricia Gomez (Trish) and the two began a sexual relationship. Trish later married and took the surname Hughes.

Later, but sometime before A... More...
   $0 (07-10-2017 - KS)

STATE OF KANSAS v. BRUCE JULIUS ASHLEY, JR.

State v. Ashley - Video

On the night of May 12, 2010, Gerry Grovenburg was found dead behind the counter of Mr. G's, the liquor store that he owned, the victim of a single gunshot wound to his chest. Based on sales transactions and the arrival of a customer at the store, investigators placed the time of death between 9:58 p.m. and 10:20 p.m. A .40 caliber Smith & Wesson cartridge case was recovered from the scene. Two do... More...   $0 (07-10-2017 - KS)

MAUREEN HARDEN HERD, et al. v. SHRAUNER FEEDYARD, LLC

Herd owns a parcel of land in the southeast quarter of section 32 of Protection Township in Comanche County, Kansas. This parcel of land has been in Herd's family since her grandfather purchased it in 1925; in 1950, the family built a farm house on the land, which is currently occupied by Herd's son and daughter-in-law.

Shrauner owns approximately 310 acres of land in section 33 of Pro... More...
   $0 (06-22-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER KYLE MOSBY

Christopher Kyle Mosby was convicted after a jury trial of burglary of a dwelling and theft. On appeal, Mosby challenges his convictions on the basis that the State failed to provide adequate notice of the theft charge against him and that the district court provided two erroneous jury instructions. Mosby also argues the district court abused its discretion by denying his motion to sequester witne... More...   $0 (06-21-2017 - KS)

American Humanist Association, Inc. v. Douglas County School District RE-1

United States Court of Appeals for the Tenth Circuit

Denver, Colorado

Plaintiffs, families with children enrolled in the Douglas County School
District RE-1 (“DCSD”) and the American Humanist Association (“AHA”), filed this
action challenging various DCSD practices as violations of the Establishment Clause
and the Equal Access Act (“EAA”). They contend that DCSD has engaged in a
pattern and practice of promoting Christian fundraising efforts and perm... More...
   $0 (06-20-2017 - KS)

Mary Anne Sause v. Timothy J. Bauer

United States Court of Appeals for the Tenth Circuit

Denver, Colorado

Mary Anne Sause brought this action under 42 U.S.C. § 1983, alleging that
Officers Lee Stevens and Jason Lindsey (the defendants) violated her rights under the
First Amendment. The district court dismissed Sause’s complaint with prejudice for
failure to state a claim, see Fed. R. Civ. P. 12(b)(6), and Sause appeals.
Because Sause fails to demonstrate that the contours of the right ... More...
   $0 (06-20-2017 - KS)

STATE OF KANSAS v. CHAD JOSEPH KAMMERER

On December 15, 2015, Kammerer entered a plea of no contest to two counts of felony residential burglary, two counts of felony burglary, two counts of felony theft, one count of misdemeanor criminal damage to property, and one count of misdemeanor possession of drug paraphernalia. As part of his plea agreement with the State, Kammerer promised to "be responsible for restitution joint and several w... More...   $0 (06-13-2017 - KS)

STATE OF KANSAS v. ARLANDO T. LATHAM

Over the course of 1 1/2 years, Latham filed numerous motions to correct an illegal sentence. In his most recent motion, Latham requested an evidentiary hearing for the district court to consider whether a 1991 in-state juvenile adjudication for aggravated arson and a 1996 out-of-state conviction for aggravated robbery were properly scored as person felonies under State v. Dickey, 301 Kan. 1018, 3... 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)

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. CASEY M. BAKER

Case Video

The material facts are not in dispute. In July 2013, Detective Mike McAtee and Officer Kim Nicholson, with the Lawrence Police Department, were traveling to court in an unmarked police vehicle when they noticed Baker riding his bicycle and wearing a blue drawstring backpack. Detective McAtee called for assistance because he knew Baker had outstanding arrest warrants and was a suspect in other case... More...   $0 (06-12-2017 - KS)

STATE OF KANSAS v. DONNIE RAY VENTRIS

The facts of Ventris' underlying case are well stated in the United States Supreme Court opinion regarding another issue from the case.

"In the early hours of January 7, 2004, after two days of no sleep and some drug use, Rhonda Theel and respondent Donnie Ray Ventris reached an ill-conceived agreement to confront Ernest Hicks in his home. The couple testified that the aim of the visit... More...
   $0 (06-11-2017 - KS)

STATE OF KANSAS v. BASIL SCOTT MCNELLY

Sex Offender

On October 6, 2014, McNelly was charged in a seven count complaint or information. That complaint or information was amended on April 6, 2015, and again on July 10, 2015. In its final form, the complaint or information contained 16 counts—one count of rape; eight counts of aggravated indecent liberties with a child; two counts of aggravated criminal sodomy; three counts of aggravated indecent soli... More...   $0 (06-10-2017 - KS)

STATE OF KANSAS v. ALAN KINGSLEY

A jury convicted Kingsley of four 1991 crimes: first-degree murder on the alternative theories of both premeditated and felony murder, aggravated robbery, aggravated arson, and forgery. As part of the proceedings, the jury found three aggravating circumstances: (1) Kingsley committed the crime for pecuniary gain; (2) he committed the crime to avoid or prevent arrest or prosecution; and (3) he co... More...   $0 (06-09-2017 - KS)

United States of America v. Brett J. Williamson

Brett Williamson was charged with and convicted of various child
pornography offenses. Prior to trial, it came to light that his defense counsel and
the prosecutor trying the case had a history together: they were divorced and
shared custody of their child. For that and numerous other reasons, Williamson
asked for new counsel, his third, but the district court denied his request. H... More...
   $0 (06-07-2017 - KS)

United States of America v. Max L. Ary

Wichita, KS - The United States of America charged Max L. Ary with:

Count: 1 Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Indictment filed 4/6/05
Count: 10 Citation: 18:2314.F Offense Level: 4
18:2314 Unlawfully transport, transmit, transfer of stolen goods, wares and merchandise. (Indictment filed 4/6/05)
Count: 11 Citation: 28:2461C.F ... More...
   $0 (04-01-2013 - KS)

STATE OF KANSAS v. JOHNATHAN D. JACKS

In February 2015, Jacks was stopped by a law enforcement officer in Harper County based on reports that the motor vehicle he was driving had been previously observed traveling erratically on the roadway. The officer arrested Jacks after confirming that his driver's license was suspended. A subsequent search of Jacks' vehicle revealed marijuana, methamphetamine, a glass smoking pipe, digital scales... More...   $0 (05-17-2017 - KS)

 
 
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