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Kansas Real Property Law
 

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)

STATE OF KANSAS v. KENNETH MURRAY

On October 4, 2013, Overland Park Home Depot store associate Dexter Goode observed Murray pushing a shopping cart filled with merchandise toward the entryway of the store and through the alarm system to the vestibule area where the carts were kept. Goode was familiar with Murray and believed that Murray had not paid for the items in his cart. Goode took the cart and directed it toward the returns ... More...   $0 (02-13-2017 - KS)

STATE OF KANSAS v. CLIFTON G. CUSHINBERRY

On March 22, 2015, Jackson County Deputy Sheriff Mark Wohlin stopped a vehicle speeding. Deputy Wohlin spoke with the driver and three passengers, including Cushinberry, and gathered their identification information. During the stop, Deputy Wohlin requested a K-9 unit to come and search the car. The K-9 unit indicated the presence of some substance in the vehicle, and Deputy Wohlin detained the oc... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. JESUS ELIZALDE BERRIOZABAL

Jesus Elizalde Berriozabal was convicted by a jury of one count of rape, one count of attempted rape, and two counts of aggravated criminal sodomy. Berriozabal was sentenced under Jessica's Law. On appeal, Berriozabal's convictions were affirmed but his sentences were vacated. Our Supreme Court remanded for resentencing. At the resentencing, the trial court denied Berriozabal's motion for durati... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. ANDRAUS R.C. WESLEY

On May 9, 2012, Wesley pled guilty in two separate cases to burglary, theft, attempted theft (case 12 CR 500), and criminal damage to property (case 12 CR 942). At his sentencing, the district court imposed a controlling prison term for both cases of 137 months. It granted the parties' joint request for a dispositional departure and placed Wesley on probation for 36 months.

The district... More...
   $0 (02-05-2017 - KS)

STATE OF KANSAS v. DAMAR WEST

On June 27, 2012, West entered into a plea agreement with the State. He agreed to plead guilty to one count of fleeing or attempting to elude a police officer under K.S.A. 2011 Supp. 8-1568. The parties agreed to the mitigated sentence for the offense, with no additional departures. West filed a motion challenging his criminal history score. His presentence investigation report indicated he had th... More...   $0 (02-05-2017 - KS)

STATE OF KANSAS v. KELVIN GABRIEL FITZPATRICK

On August 15, 2015, Topeka Police Officer Brandon Austin pulled over a vehicle driven by Fitzpatrick. There was a passenger in Fitzpatrick's vehicle. Because Fitzpatrick had a warrant for his arrest, Austin called Topeka Police Officer Morgan Bracken to the scene for backup in order to assist in executing the warrant. Fitzpatrick told Austin he did not want anyone but the passenger to drive his ve... More...   $0 (02-01-2017 - KS)

STATE OF KANSAS v. JEREME L. NELSON

Jereme L. Nelson appeals his conviction for distribution of methamphetamine after the police found illegal drugs in his truck. Nelson claims the district court erred in denying his motion to suppress the evidence obtained during the search of his truck. We find no error in the district court's ruling and affirm.

The Wichita police had been watching Nelson for about 2 months after recei... More...
   $0 (02-01-2017 - KS)

STATE OF KANSAS v. TRISTAN MILES

Tristan Miles was convicted in a nonjury trial of possession of marijuana with the intent to distribute, possession of paraphernalia with the intent to distribute, proceeds derived from violations of drug laws, and failing to maintain a single lane of traffic. Miles raises three issues on his direct appeal: (1) whether the officer who stopped his car had reasonable suspicion that Miles had commit... More...   $0 (02-01-2017 - KS)

CAMERON NELSON v. STATE OF KANSAS

The State's theory of the underlying homicide had Nelson, while riding with three other people in a car, reaching out the window and firing a handgun at the victim, a pedestrian standing a short distance behind the slowly moving vehicle. The shooting took place in April 2008 on a street in Salina. The evidence pointed to some bad blood between Nelson and the victim. The principal testimony against... More...   $0 (02-01-2017 - KS)

STATE OF KANSAS v. STEVEN MATTHEW RULE, JR

On August 25, 2014, David Hammel and E.J. Swanson were working for Landscape Consultants in Salina, Kansas. The two men were working at a building near the intersection of Crawford Street and Ohio Street. Hammel and Swanson were working out of a red Ford F-350 pickup truck with a red trailer hooked up to it. The company's logo, phone number, and town name were on both sides of the truck. Around no... More...   $0 (01-31-2017 - KS)

STATE OF KANSAS v. RAYMON HUNTER

In January 2014, the Reno County District Court issued a temporary protection from abuse order against Hunter, prohibiting him from contacting his ex-girlfriend or coming onto her property. A Reno County Sheriff's sergeant met and served someone who looked like Hunter with the order, after calling Hunter's phone number. The sergeant did not ask for identification but simply matched the person to a... More...   $0 (01-31-2017 - KS)

STATE OF MISSOURI vs. WILLIAM BOWEN

Appellant was indicted for first-degree burglary and felony stealing over $500. The
evidence at trial, viewed in the light most favorable to the verdict,1 demonstrated that a wicker
basket, television, VCR, PlayStation 3, Nintendo Wii, iPhone, Kindle, and multiple video games
and DVDs were stolen from Victimís home in the early morning hours of January 2, 2015. That
same morn... More...
   $0 (01-24-2017 - KS)

STATE OF KANSAS v. WILLIE WILLIAMS JR

On November 19, 2014, Williams pled guilty to four counts of misdemeanor battery against a law enforcement officer and four counts of misdemeanor criminal damage to property in case 14 CR 3059. The transcript of the hearing held that day reflected that the district court noted the existence of an agreement for a 12-month controlling sentence for the eight counts and then very briefly covered Willi... More...   $0 (01-22-2017 - KS)

STATE OF KANSAS v. TROY LAMONT LOVE, II

The facts are tragic and disturbing. Love frequently cared for Robin Harrington's three children, including 18-month-old Bre'Elle. On April 1, 2012, Harrington noticed Bre'Elle's bloodshot eyes and bruising inside the left ear. Later that week, Bre'Elle could not turn her neck and had begun losing hair. On April 7, Harrington took the child to the emergency room where a physician, Venkata Katasani... More...   $0 (01-22-2017 - KS)

STATE OF KANSAS v. ANTONIO M. BROWN, SR.,

We hold Brown reinitiated his interview with police after his unsuccessful attempt to contact a lawyer and in doing so knowingly and intelligently waived his previouslyinvoked right to counsel. Brown's subsequent inculpatory statements were freely and voluntarily given.

We hold further that the district court properly refused to give lesser included offense instructions for the felony-m... More...
   $0 (01-22-2017 - KS)

STATE OF KANSAS v. WILMO VILLARBO HAAKE

The State charged Haake with two counts of aggravated criminal sodomy with a child under 14 years old, each off-grid person felonies in violation of K.S.A. 2015 Supp. 21-5504(b)(1), and three counts of aggravated indecent liberties with a child under 14 years old, each off-grid person felonies in violation of K.S.A. 2015 Supp. 215506(b)(3)(A). The alleged crimes both involved the same female victi... More...   $0 (01-13-2017 - KS)

STATE OF KANSAS v. MARKIS D. MITCHELL-BOYLES

On January 6, 2015, shortly after midnight, Sheena Mitchell, Markis' wife, called 911 alleging that Markis had threatened her with a gun in their shared two-story apartment. Later, Sheena would testify that Markis was angry with her because he believed that she had been flirting with another man. Following the 911 call, police arrived at the apartment and attempted to arrest Markis, but Markis had... More...   $0 (01-13-2017 - KS)

STATE OF KANSAS v. CHAVEZ WILLIAMS

In June 2014, Williams broke into a convenience store in Pretty Prairie and stole several cartons of cigarettes. The next day, the owner of the store found a broken window but couldn't identify any missing merchandise. The crime came to light a couple of weeks later when two men brought packs of cigarettes to the store and explained to the owner that Williams had asked them to hold on to the cigar... More...   $0 (01-13-2017 - KS)

STATE OF KANSAS v. MARK BENEWIAT

Benewiat was arrested and charged with one count of auto burglary, a severity level 9 nonperson felony, in violation of K.S.A. 2015 Supp. 21-5807(a)(3), and one count of felony theft, a severity level 9 nonperson felony, in violation of K.S.A. 2015 Supp. 215801(a)(1).

Benewiat had a jury trial. At trial, the State's theory was that Benewiat committed auto burglary and felony theft by ai... More...
   $0 (01-07-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER BRYON VOLLE

In January 2015, Volle pled no contest to two counts of aggravated battery against his wife, Stephanie Volle. In exchange for Volle's plea, the State agreed to dismiss five additional counts and recommend probation. The district court sentenced Volle to consecutive sentences of 36 months and 32 months respectively, for a total of 68 months' imprisonment. After taking into account Volle's military ... More...   $0 (12-28-2016 - KS)

STATE OF KANSAS v. RONALD W. JAMES

Sex Offender

The State charged James with rape in violation of K.S.A. 21-3502(a)(2). James waived a jury trial; his bench trial occurred in December 2012. At the trial, 7-year-old R.J. identified Ronald James as her grandfather. She then testified that, while they were alone in her bedroom, James took down her pants and underwear and then he "stuck his finger in my hole and that hurt." This occurred "just for ... More...   $0 (12-28-2016 - KS)

MALCOM K. GLOVER v. STATE OF KANSAS

Malcolm K. Glover was convicted of one count of aggravated robbery and one count of aggravated assault. The district court sentenced him to 233 months' imprisonment. Glover filed a K.S.A. 60-1507 alleging his trial counsel provided ineffective assistance by presenting a guilt-based defense against his wishes. The district court summarily denied his motion, and Glover appeals.

On Febru... More...
   $0 (12-28-2016 - KS)

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STATE OF KANSAS v. RAYMOND LEROY BRADFORD

Defendant Raymond Leroy Bradford contends the verdicts of a jury sitting in Riley County District Court convicting him of two counts of aggravated battery, one count of criminal restraint, and one count of criminal damage to property were impermissibly tainted because the jury instruction on the State's burden of proof and reasonable doubt deprived him of a constitutionally fair trial by chilling ... More...   $0 (12-28-2016 - KS)

STATE OF KANSAS v. JESSICA L. BROWN

Jessica L. Brown pled guilty to arson and three counts of criminal damage to property. A jury convicted her on an additional charge of aggravated assault with a deadly weapon. The district court granted 24 months' probation and ordered Brown to register as a violent offender under the Kansas Offender Registration Act (KORA). Brown appeals, arguing (1) there was insufficient evidence to support he... More...   $0 (12-28-2016 - KS)

STATE OF KANSAS v. JOSE MANUEL MARTINEZ-TORRES, a/k/a JOSE M. MARTINEZ

The incidents in this case took place on October 6, 2013, between Martinez and his common-law wife, M.H.C., after M.H.C. had obtained a temporary PFA order against Martinez.

On September 20, 2013, M.H.C. obtained the temporary PFA order against Martinez. The order prohibited all contact between the two and gave M.H.C. exclusive possession of their residence and business. The order grant... More...
   $0 (12-28-2016 - KS)

STATE OF KANSAS v. GERALD E. CLEVERLY, JR.,

At approximately 1:15 a.m. on January 30, 2012, Cleverly was a passenger in a pickup driven by Chris Jones when El Dorado Police Officer Brent Michael Buckley stopped the vehicle based on the officer's observation that neither occupant of the pickup was wearing a seat belt. The officer would later testify that, after he activated his emergency lights to effect the traffic stop, he observed both oc... More...   $0 (12-28-2016 - KS)

STATE OF KANSAS v. SHAWN ULMER

Shawn Ulmer fixed cars as a hobby. He made a deal with an acquaintance to put an engine in her car, but he couldn't get the car to run. He thought he'd done what he had agreed to do by just putting the engine in; the acquaintance thought he also was supposed to get the car to actually work. Tensions flared, particularly between Ulmer and the boyfriend of the car's owner.

Those tensions... More...
   $0 (12-27-2016 - KS)

MARLIN D. WILLIAMS v. STATE OF KANSAS

Sex Trafficking

On September 22, 2008, a jury convicted Williams of aggravated trafficking of a person under 18 years of age, a severity level 1 person felony, in violation of K.S.A. 213447(a)(2). On January 16, 2009, the district court sentenced Williams to a downward durational departure sentence of 246 months' imprisonment.

Williams filed a direct appeal contending that K.S.A. 21-3447(a)(2) is uncon... More...
   $0 (12-27-2016 - KS)

STATE OF KANSAS v. COREY MONTGOMERY

This matter returns to our court upon a remand order by the Supreme Court. On January 31, 2014, our court issued a memorandum opinion in this case affirming Corey Montgomery's conviction for aggravated burglary in violation of K.S.A. 2011 Supp. 21-5807(b). See State v. Montgomery, No. 108,164, 2014 WL 349558 (Kan. App. 2014) (unpublished opinion), rev. granted and remanded 304 Kan. 1020 (2016). <... More...   $0 (12-27-2016 - KS)

STATE OF KANSAS v. ANTHONY WILLIAMS

The factual background leading to Williams' arrest and conviction was developed during the hearing on his motion to suppress.

Wichita Police Officer Wesley Jensen testified that he and his long-time partner, Officer Adam Vandermolen, stopped a vehicle at Harry and Hillside streets in Wichita after they observed that the driver was not wearing a seatbelt. Officer Jensen approached the v... More...
   $0 (12-18-2016 - KS)

STATE OF KANSAS v. BRIAN A. MURRIN

Brian A. Murrin appeals following his convictions of possession of marijuana, possession of drug paraphernalia, criminal trespass, and interference with law enforcement. Murrin argues (1) the district court erred by not instructing the jury on voluntary intoxication as a defense to the crimes of criminal trespass and interference with law enforcement, (2) the district court erred by failing to gi... More...   $0 (12-08-2016 - KS)

STATE OF KANSAS v. RODNEY ALLEN WRIGHT

On March 29, 2015, at around 7 p.m. Joe Morgan met Justin Cook at a property Morgan was buying. An older house and Rodney Wright's camper both stood on the property. This property was next door to a property Morgan already owned.
Morgan and Cook began examining the house for possible repairs. Wright came out of his camper and told Morgan he was trespassing. Morgan told Wright he was buying th... More...
   $0 (12-07-2016 - KS)

WALTER MILLER v. STATE OF KANSAS

Sex Offender

Walter Miller appeals the district court's summary denial of his K.S.A. 60-1507 motion. After Miller was convicted of failing to register under the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., the Kansas Prisoner Review Board (Board) revoked his lifetime postrelease supervision and placed him in prison for the remainder of his life. In his petition, Miller claimed the Board's d... More...   $0 (12-07-2016 - KS)

 
 
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