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Kansas Real Property Law
 
STATE OF KANSAS v. JONATHAN R. WISSING

This interlocutory appeal by the State challenges the suppression of evidence an officer found in Jonathan R. Wissing's wallet soon after his arrest. Wissing, while handcuffed, had removed his wallet from his pocket and had placed it on a dresser before the officer retrieved it and searched it. We find, based on a categorical approach, that the officer had the authority to search the wallet incide... More...   $0 (08-18-2016 - KS)

STATE OF KANSAS v. MICHAEL STATEN

Staten and Yvonne Williamson shared an apartment in Wyandotte County. In the early morning of July 22, 2011, the two engaged in an altercation that left Williamson severely injured. Witnesses disagreed on the circumstances leading up to the altercation, resulting in two distinct narratives, which we set out below.
Williamson and other witnesses recalled the following sequence of the events. ... More...
   $0 (08-18-2016 - KS)

STATE OF KANSAS v. LUTHER JOHNSON

For 10 years Luther Johnson and Cerrina Nicole Griffin had an on-again, off-again relationship. At the time of Derrick Hill's fatal shooting, they had been "off" for at least 30 days. During this time, Griffin and her daughter stayed with Griffin's cousin Victoria Freeman and Freeman's infant son at Rosedale Ridge Apartments in Kansas City, Kansas. Because Betty Grace Kebert and her daughter also ... More...   $0 (08-18-2016 - KS)

STATE OF KANSAS v. SCOTT D. CHEEVER

This case comes before us after the United States Supreme Court vacated our decision in State v. Cheever, 295 Kan. 229, 284 P.3d 1007 (2012), vacated and remanded 571 U.S. ___, 134 S. Ct. 596, 187 L. Ed. 2d 519 (2013), and remanded for further proceedings.

In our decision, we had held that defendant Scott D. Cheever did not waive his privilege against self-incrimination under the Fi... More...
   $0 (07-29-2016 - KS)

STATE OF KANSAS v. JEROLD MICHAEL DUNN

During a break in their on-again-off-again relationship, defendant Dunn and Tracy Shaw, who had obtained a protection order against Dunn, encountered one another at a bank in Parsons. Shaw visited the bank daily as part of her job as a courier. According to bank employees, Dunn had been wandering around outside the bank before Shaw's arrival, and he eventually entered the bank, inquired about open... More...   $0 (07-17-2016 - KS)

STATE OF KANSAS v. SPENCER GIFTS, LLC

The parties do not dispute the facts of this case. Beginning in May 2009, two investigators with the Johnson County District Attorney's Office began a year-long investigation into Spencer Gifts, LLC, which is a retail business in Oak Park Mall generally open to the public. Over the course of about 30 different visits, the investigators noted that Spencer Gifts displayed various items of a potentia... More...   $0 (07-11-2016 - KS)

STATE OF KANSAS v. RALPH E. COREY

In February 2000, 16-year-old L.H. was abducted as she left work. An assailant ran up as she was getting into her car, hit her, and pushed his way inside. He put L.H. in the back seat, pulled a stocking cap over her head to cover her eyes, threatened to kill her if she called out, and then drove to a nearby parking lot. The assailant got into the back seat with L.H., lifted her bra, and fondled he... More...   $0 (07-06-2016 - KS)

STATE OF KANSAS v. DERRICK BUELL

In February 2015, pursuant to a plea agreement, Buell pled guilty to robbery and attempted kidnapping. According to the presentence investigation report (PSI), Buell's criminal history included two 2002 Florida juvenile adjudications, one labeled as burglary of a dwelling and one labeled as burglary of a dwelling while armed. At his sentencing, Buell objected to the classification of the adjudicat... More...   $0 (07-01-2016 - KS)

STATE OF KANSAS v. CHARLES H. MOORE

In 2005, Moore pled guilty to one count of aggravated indecent liberties with a child. The presentence-investigation report listed Moore's criminal history as "A" based on his prior convictions, including a 1984 Oregon conviction for first-degree burglary of a dwelling. At sentencing, Moore initially challenged the validity of the burglary conviction, but he withdrew his objection when the State p... More...   $0 (07-01-2016 - KS)

STATE OF KANSAS v. DEAARION POTTS

On the night of October 20, 2012, 15-year-old Deaarion Potts drove three acquaintances around Kansas City, Kansas, in a car that Potts stole earlier that day. During the excursion, Potts drove up behind a car and his three passengers proceeded to fire weapons at the vehicle, killing Ramon Bradley, one of the car's four occupants. As a result, Potts was charged with felony murder, criminal dischar... More...   $0 (07-01-2016 - KS)

STATE OF KANSAS v. LUIS MOLINA

Luis Molina appeals the district court's decision revoking his probation and ordering him to serve 38 months of his original 52-month underlying prison sentence. Molina argues the district court abused its discretion by not imposing an intermediate sanction for his new, nonviolent felony conviction. Molina further argues that the court erred in finding that he had absconded to avoid prosecution fo... More...   $0 (06-12-2016 - KS)

STATE OF KANSAS v. MICHAEL J. LIMBURG

During a 4-day jury trial, the State presented extensive evidence showing that Limburg searched for, downloaded, and made available for sharing several child pornography videos. More specifically, the evidence showed that detectives from Lawrence, Kansas, were being trained in Denver, Colorado, on the use of a peer-to-peer sharing network called ARES, known to be used to unlawfully share child por... More...   $0 (06-12-2016 - KS)

LUKE GANNON, BY HIS NEXT FRIENDS AND GUARDIANS, et al., V. STATE OF KANSAS

On February 11, 2016, we affirmed the holding of the three-judge district court panel that found changes made to the State's K-12 funding system through enactment of the Classroom Learning Assuring Student Success Act of 2015 (CLASS) violated the equity component of Article 6, § 6(b) of the Kansas Constitution. Gannon v. State, 303 Kan. 682, 746, 368 P.3d 1024 (2016) (Gannon II). Specifically, we ... More...   $0 (05-29-2016 - KS)

STATE OF KANSAS v. DANIEL HENDRICKS

Daniel Hendricks appeals his criminal conviction for violating a nocontact order entered in his divorce case. Hendricks argues that the statute making it a crime to violate a protection order doesn't apply to orders entered in a divorce case after the divorce decree has been entered. The order Hendricks violated was entered several years after the decree in his divorce case, during new disputes wi... More...   $0 (05-09-2016 - KS)

STATE OF KANSAS v. IAN WOOLVERTON

On first glance, it might seem the attorneys in this case got their briefcases switched. The prosecutor argues that a misdemeanor domestic-violence offense is not a serious one, while the defendant—who was convicted of that offense— argues that it is.
The reason the case has reached us in this odd posture is that the defendant was convicted in a trial to a judge, not a jury. He now seeks a... More...
   $0 (05-09-2016 - KS)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Christopher R. Ward appeals his convictions of theft by deception and making false information by making four arguments on appeal: (1) The State failed to present sufficient evidence to support his crimes of conviction; (2) his constitutional right to a jury trial was infringed when the judge orally instructed the jury that it "must" find the defendant guilty if it had no reasonable doubt as to ... More...   $0 (04-23-2016 - KS)

STATE OF KANSAS v. MATTHEW T. FISHER

At the time of the crimes, Fisher lived with his friend Tim Worthen and Tim's exwife, Angelique Worthen (Angel). Tim was the sole owner of the house the three shared. Fisher and Tim spent the day drinking, first at Tim's house and then at bars. After Tim left to pick Angel up from work, Fisher headed home on foot. On the way, he encountered police officers twice, the second time right outside of t... More...   $0 (04-22-2016 - KS)

STATE OF KANSAS v. ANTHONY C. HANKINS

In this case, Hankins pled guilty to multiple felony charges. His presentence investigation report (PSI) listed two prior misdemeanor convictions and one prior nonperson felony conviction. The felony was based on a possession of a firearm on school property charge in Oklahoma. That adult nonperson felony raised Hankins' criminal history score to a "G." Hankins filed a motion for dispositional depa... More...   $0 (04-22-2016 - KS)

STATE OF KANSAS v. LEONARD D. CHARLES, SR.

Late in the evening on Christmas 2009, Charles drove his 1995 Nissan Pathfinder 4x4 SUV into a Family Video parking lot in Wichita. Charles was on his way to Kansas City to see his mother because he had heard from his brother that she was scheduled to have open heart surgery soon. Charles would eventually testify that he had become lost and had mistaken the Family Video for a gas station. Autumn M... More...   $0 (04-22-2016 - KS)

STATE OF KANSAS v. GARY L. HAMMITT

Hammitt's claimed illegal sentence arose following his 2009 convictions for two second-degree murders, an aggravated battery, and a felony DUI. His criminal history consisted of 33 prior convictions, including 1 adult person felony conviction and 3 adult person misdemeanor convictions. The person misdemeanor convictions were aggregated into one person felony pursuant to K.S.A. 21-4711(a). His crim... More...   $0 (04-19-2016 - KS)

STATE OF KANSAS v. DAVID COCHRAN

In 2012, Cochran resided in Peculiar, Missouri, where he owned and operated a moving business. Cochran hired K.G., a lifelong friend, to work with him in the business. During the school year, K.G.'s 13-year-old daughter L.A.G. lived with her mother, C.M., in Kansas during the week and spent the weekends with her father in Missouri. In the summer, L.A.G. stayed with her father during the week and r... More...   $0 (04-19-2016 - KS)

STEPHEN MICHAEL SCHICKE v. STATE OF KANSAS

Stephen Michael Schicke sought habeas corpus relief under K.S.A. 60-1507 from the district court, claiming that because his lawyer failed to communicate with him, a favorable plea offer from the county attorney expired. Schicke claimed this failure to communicate denied him the opportunity to accept the offer. The district court denied Schicke's motion. Because the record reveals that Schicke and... More...   $0 (04-19-2016 - KS)

STATE OF KANSAS v. JEREMY D. FRAZIER

Frazier placed an early morning call to his ex-girlfriend, Renita Reeves, asking for help in moving a car he was trying to sell which was parked on property they co-owned down the street from her mother's house. Reeves agreed to help, hoping it might make Frazier quit calling her so much. When Frazier arrived to pick up Reeves, Frazier saw a hickey on her neck as she got into the car. Frazier imm... More...   $0 (04-19-2016 - KS)

United States of America v. Kay Tee

Kansas City, KS - Federal Jury Returns Guilty Verdicts In Wichita Massage Parlor Prostitution Case

A federal jury returned guilty verdicts on all counts against a Wichita man in a massage parlor prostitution case.

They found defendant Kay Tee, 51, Wichita, Kan., guilty on one count of attempting to entice a person to cross state lines to engage in prostitution, one count of using... More...
   $0 (04-06-2016 - KS)

STATE OF KANSAS v. CHARLES C. LOGSDON

Logsdon's lengthy trial involved numerous witnesses and thousands of pages of transcript. We offer a condensed version of the facts, as they were established at trial, but still must discuss the evidence in some detail because of Logsdon's sufficiency of the evidence challenge.
A. The crime and initial investigation
Trial testimony established that Heckel was shot in her home around 7... More...
   $0 (04-01-2016 - KS)

STATE OF KANSAS v. CURTIS IRIS GRICE

A jury convicted Grice of theft, in violation of K.S.A. 2012 Supp. 21-5801(a)(1), (b)(6), for stealing a bottle of Tanqueray Gin from Brewski's Liquor on April 28, 2013. The liquor was valued at $25.91. Although a first-time theft of the liquor would have been a misdemeanor, the State charged Grice with a severity level 9 nonperson felony
because he had committed two or more prior theft convi... More...
   $0 (03-25-2016 - KS)

STATE OF KANSAS v. KENNETH G. WEIS

The key facts in this case come from the trial testimony of two witnesses: Police Officer Christopher Shultz and Salvation Army volunteer Steven Boher. On November 22, 2012, while on routine patrol around 12 a.m., Shultz saw Weis standing on a bicycle halfway inside one of the drop-off bins in the back parking lot of the Salvation Army. According to testimony from a Salvation Army representative, ... More...   $0 (03-25-2016 - KS)

STATE OF KANSAS v. DEBORAH LYNN WHITE

On February 20, 2013, Christina Garwood, an asset protection associate, saw White place multiple packages of curtains into a blue reusable bag at the Walmart on 37th Street in Topeka, Kansas. Garwood watched White go to the customer service desk, place the bag at her feet, and ask the customer service associate some questions. White then picked up the bag, passed the last point of purchase, and he... More...   $0 (03-25-2016 - KS)

STATE OF KANSAS v. PHILLIP L. CLAPP

On April 3, 2013, the State filed 13 drug, alcohol, and weapons charges against Clapp. In part, the State alleged that Clapp possessed methamphetamine, hydrocodone, and oxycodone with intent to sell and that he possessed two daggers and a pair of brass knuckles. The record shows that Clapp has an extensive criminal history dating from 1993 which includes numerous prior convictions on drug, alcohol... More...   $0 (03-25-2016 - KS)

DIANA K. HILBURN v. ENERPIPE, LTD

While Diana K. Hilburn rode home with her husband, a truck owned and operated by Enerpipe, Ltd. (Enerpipe) rear-ended their car. The collision negatively impacted Hilburn's recovery from a recent back surgery, resulting in a second surgery and chronic pain. After a trial, a jury returned a verdict in the amount of $335,000 in total damages for Hilburn, most of which compensated for her noneconomic... More...   $0 (03-13-2016 - KS)

STATE OF KANSAS v. MILO J. BROWN

In early January 2013, Shawn Rhone was at the Wichita home of his girlfriend, LaDonta Alford. Rhone left around 5:30 or 6 p.m. after having received a phone call. Before Rhone left, he told Alford "[t]hat he was going to go make a run." Alford would testify at trial that this meant Rhone was leaving to sell someone marijuana, but she did
not testify on whether she actually saw marijuana in Rh... More...
   $0 (03-13-2016 - KS)

Kansas City Power & Light v. Kansas Corporation Comm'n

The Kansas Corporation Commission granted Kansas City Power & Light Company a rate increase of $48.67 million. KCP&L wants more. The company appeals, claiming the Commission's findings of fact are not supported by substantial competent evidence. Additionally, the company contends that the Commission's decision to exclude flotation costs when calculating its return on equity was unreasonable, arbit... More...   $0 (03-10-2016 - KS)

STATE OF KANSAS V. KAROLYN G. HASTINGS

At about 1:30 a.m. on January 7, 2009, Officer Hoa Lam of the Topeka Police Department observed Hastings' pickup truck weaving in its traffic lane and crossing the double yellow lines. This driving behavior continued for some distance. Based upon his observations, Officer Lam suspected that Hastings was DUI.
Officer Lam activated his emergency equipment whereupon Hastings made a wide turn an... More...
   $0 (03-05-2016 - KS)

STATE OF KANSAS v. DARNELL LAMONT TYREE

On January 11, 2008, Robert Lewis and his girlfriend Felicia Hinkle went to a Topeka bar to play in a poker tournament. Lewis and Hinkle heavily drank alcohol while at the bar. Lewis won approximately $1,500 playing poker and was vocal about his winnings to the other patrons at the bar. Before leaving, he gave approximately $1,000 to Hinkle. Lewis and Hinkle left the bar separately; Lewis went to ... More...   $0 (03-05-2016 - KS)

STATE OF KANSAS v. MICHAEL R. MARTIN

On September 17, 2012, Martin pled guilty to one count of possession with intent to distribute marijuana and two counts of criminal possession of a firearm. The district court ordered a presentence investigation (PSI) report which indicated that Martin was in criminal history category A based in part on two 1990 Kansas juvenile adjudications for burglary of a residence which were scored as person ... More...   $0 (03-05-2016 - KS)

STATE OF KANSAS v. VINCENT R. JARMON

Larry Farmer and Tommy Luallen operate a business purchasing the contents of storage units at auction, sorting through the contents, and then selling the salvageable property. The property they purchase is stored in a building in Wichita. The building is jointly owned by Luallen and his mother.
On May 6, 2013, Farmer and Luallen discovered a hole in a weakened portion of the wall at the rear... More...
   $0 (02-28-2016 - KS)

STATE OF KANSAS v. DYLAN ROBERT CORYELL

Dylan was a 24-year-old resident of Oberlin. At the time of this incident, he was in a sexual relationship with Sarah Campbell, who was also seeing Corey Cook. Sarah was staying with Dylan's close friends, Everett and Jordan Urban. Of note, Jordan had previously dated Corey.
In early October 2011, Corey was in town on leave from the Air Force. Sarah decided to tell Corey about her relationsh... More...
   $0 (02-28-2016 - KS)

STATE OF KANSAS v. DAVID LEE RYCE

The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights protect against unreasonable searches, which in the criminal context means a search must be conducted pursuant to a warrant or a wellrecognized exception to the warrant requirement. One of these well-recognized exceptions—the consent exception—arises when an individual voluntarily agrees to al... More...   $0 (02-26-2016 - KS)

STATE OF KANSAS v. GORDON R. BARNES, JR

In May 1995, Barnes and his codefendant, Kristy Wilson, were charged with one count of first-degree premeditated murder and one count of aggravated kidnapping. The aggravated kidnapping count in the complaint stated, in relevant part:
"GORDON R. BARNES, JR. and KRISTY L. WILSON, did then and there unlawfully, intentionally, take or confine a person, to-wit: Roger W. Santo, Jr., accomplished... More...
   $0 (02-21-2016 - KS)

STATE OF KANSAS v. MICHAEL C. DAWS

During the middle of the day on November 20, 2011, Raul Flores Ramos stopped by the house he was moving out of. The front door was shut, but it had been kicked in and the door jamb broken. He entered and discovered Daws in the living room. Ramos told Daws to leave, and Daws complied. Afterwards, Ramos discovered some boxes had been moved around and property removed from them. Ramos also noticed tw... More...   $0 (02-21-2016 - KS)

 
 
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