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Kansas Real Property Law
 

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)

CARLOS CHAVEZ-AGUILAR, JR. v. STATE OF KANSAS

Around 1:30 a.m. one morning in August 2008, a gang-related fight involving Chavez-Aguilar and his brother, Rene, erupted outside a nightclub in Wichita. As the fight wound down, Rene drove his truck through the crowd, killing two people and injuring a third. Chavez-Aguilar was in the passenger seat, and according to several witnesses, he was shouting and cursing out the window as Rene drove. More...   $0 (12-07-2016 - KS)

STATE OF KANSAS v. AMBER BARNES

In October 2012, Arthur Adams was the target of a drug investigation by the Hutchinson Police Department. Officers obtained and executed a warrant for the search of Adams' residence and the vehicle he used. As a result, Adams was arrested and charged with drug-related crimes. In October 2013, members of the Reno County Drug Enforcement Unit (D.E.U.) received information from four confidential info... More...   $0 (12-07-2016 - KS)

STATE OF KANSAS v. CORNELIUS ALLEN HARTZ

On December 5, 2015, Hartz was in the Famous Footwear store in Topeka trying on new shoes when another patron of the store ran out of the store with a pair of the store's shoes in his jacket. Approximately 10 minutes later, Hartz stood up while wearing a pair of Famous Footwear's shoes and—if the State's evidence is believed—began walking toward the exit in the new shoes. Hartz was confronted by a... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. RAFAEL SOTO-GONZALEZ

On June 28, 2014, Sergeant Shane Turner of the Kansas City Police Department stopped a vehicle for a traffic infraction. He approached the vehicle and saw a beer bottle inside, tipped over and still leaking. The driver did not have a driver's license but identified himself as Rafael Soto-Gonzalez. Turner arrested him and then searched him and found a small plastic baggie in the coin pocket of his ... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. WILLIAM J. CHEEVER

On the night of July 28, 2012, the Greenwood County Sheriff's Office received a call to assist in the search for a woman who was possibly suicidal. Edna Knox had last been seen at a house in Severy. Deputy Jason Myers and another officer went to the house—which belonged to Virginia Van Buskirk, Cheever's mother—and obtained permission to search the property for the missing woman. The record reflec... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. MELISSA LEE CRONEY

Croney has been subject to a lifetime ban from all Walmart properties since August 2009. Walmart banned Croney for a second time in 2010.

On July 22, 2012, a Walmart loss prevention associate observed Croney enter a Walmart store in north Topeka and put a can of spray-on tan in her purse. The product was worth $9.92. Croney picked up other items from the store and went to the register a... More...
   $0 (11-26-2016 - KS)

STATE OF KANSAS v. TROY NELSON

In 1997, Nelson pleaded guilty to and was convicted of criminal damage to property. He received a 15-month prison sentence based in part on the classification of his 1990 burglary conviction as a person felony for criminal history purposes. In 2002, Nelson was convicted of several crimes and received a controlling 228-month sentence, again based, in part, on the 1990 burglary conviction being trea... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. TERRY YOUNG

On an afternoon late in November 2013, Camille Wuthrow was in her home when she heard a loud banging sound. She asked her stepson, Anthony (Tony), if he was making the noise, and he said he was not. So Camille and Tony stepped outside to investigate. The source of the noise became apparent when they saw Terry Young beating on their pickup truck with a metal baseball bat. Young was a neighbor who l... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. HAI THAT TON

A security manager for UPS detained a package addressed to Hai That Ton's residence, and the police subjected the package to a canine sniff. As a result of the sniff, officers obtained a warrant to search the package and Ton's home. Officers found marijuana in the package and in the basement of his residence. The State charged Ton with one count of possession of marijuana with intent to distribute... More...   $0 (11-26-2016 - KS)

STATE OF KANSAS v. ROBIN BOGGESS

Based upon the search of the vehicle and seizure of contraband, the State charged Boggess with possession of methamphetamine under K.S.A. 2012 Supp. 21-5706(a), possession of marijuana under K.S.A. 2012 Supp. 21-5706(b)(3), and possession of drug paraphernalia under K.S.A. 2012 Supp. 21-5709(b)(2).

Prior to trial, Boggess filed a motion to suppress evidence, alleging that law enforcemen... More...
   $0 (11-26-2016 - KS)

SHANNA FRIDAY v. STATE OF KANSAS

On November 7, 2008, Shanna Friday was convicted of reckless second-degree murder and later sentenced by the district court to 174 months in prison. The facts of the underlying case are set out in Friday's direct appeal. State v. Friday, 297 Kan. 1023, 1027-28, 306 P.3d 265 (2013).

During the pretrial stages of the proceedings, the district court authorized the hiring by the defense of... More...
   $0 (11-26-2016 - KS)

STATE OF KANSAS v. CHRISTOPHER SCOTT GRAY

The following facts are based entirely on the testimony of the victim, Amanda Kuhn, and Officer Travis Eichelberger of the Atchison Police Department, who spoke to Kuhn shortly after an incident of alleged stalking. The only additional evidence presented at trial was a video recording of Gray's actions on April 17, 2015, which was reviewed by the district court.
According to Kuhn, she and Gr... More...
   $0 (11-26-2016 - KS)

STATE OF KANSAS v. PRESTON HOBSON PATTON AUTRY

On December 10, 2012, Officer Weber of the Lenexa Police Department was on a routine patrol in the Motel 6 parking lot in Lenexa. He observed a vehicle that seemed strange to him because the back seat was filled from floor to ceiling with belongings. Officer Weber ran a records check of the vehicle's tag and discovered it was registered to Autry. He also learned Autry had recently been arrested fo... More...   $0 (11-25-2016 - KS)

STATE OF KANSAS v. RONALD AROWCAVAGE

On April 6, 2015, Junction City Police K-9 Officer Nicholas Blake stopped Arowcavage for speeding on I-70 in Geary County, Kansas. Blake told Arowcavage why he had been stopped and asked for his driver's license and vehicle documents. After Arowcavage produced those documents, Blake asked Arowcavage to come back to his patrol car, mentioning that he was likely only going to issue Arowcavage a warn... More...   $0 (11-13-2016 - KS)

STATE OF KANSAS v. MATTHEW WILLIAM BREWER

Case No - No. 115,211

On July 10, 2015, Brewer pleaded no contest to conspiracy to commit manufacture of methamphetamine, a level 1 drug felony, and to endangering a child, a class A person misdemeanor. At sentencing, the district court found Brewer had a criminal history score of G, presumptive prison, with a sentencing range of 136 to 155 months. As part of the plea agreement, the State and Brewer agreed that Brewer ... More...   $0 (11-12-2016 - KS)

STATE OF KANSAS v. ONA M. WOLF

Case No - No. 114,770

On March 15, 2015, Wolf was accused of entering a running vehicle owned by Sandy Griffith, without Griffith's permission, while Dollie Link was in the passenger seat. Wolf drove Griffith's vehicle and engaged in a struggle with Link, took Link's coin purse, and then exited the vehicle.

Wolf entered into a plea agreement where she pled guilty to one count of robbery and one count of aggr... More...
   $0 (11-12-2016 - KS)

STATE OF KANSAS v. SEAN NIELSON

Case No - 114,362

Nielson was charged with and prosecuted for leaving the scene of an accident that resulted in great bodily injury and leaving the scene of an accident resulting in more than $1,000 in property damage.

The accidents occurred outside a Wichita bar in the early morning hours of May 19, 2013. There is no dispute Nielson reversed his car into a vehicle causing great bodily injury to a pedest... More...
   $0 (11-11-2016 - KS)

STATE OF KANSAS v. JAMES LYLE CLARK

On December 31, 2014, Clark entered a no contest plea and was found guilty of possession of methamphetamine, a severity level 5 drug felony, in violation of K.S.A. 2013 Supp. 21-5706(a) in Cowley County District Court. Prior to sentencing, defense 2 counsel filed a motion for probation. In the motion, defense counsel acknowledged Clark's class A criminal history but noted a report from communi... More...   $0 (11-01-2016 - KS)

STATE OF KANSAS v. JAMES T. CUMMINS

On June 12, 2014, following an argument with his wife, Kimberly Cummins, Cummins entered his bedroom, retrieved a handgun, and confronted his wife and two children. While brandishing the weapon, and in the presence of his two children, Cummins threatened to kill Kimberly. During the course of the investigation of this incident, the City of Haysville Police Department seized as evidence a substanti... More...   $0 (11-01-2016 - KS)

STATE OF KANSAS v. AARON KALMER

The State charged Kalmer with one count of criminal damage to property, a class B misdemeanor, with a request for domestic violence findings. This charge stemmed from events that occurred on the night of August 20, 2014, between Kalmer and his thenfiancée. The matter proceeded to a bench trial on November 6, 2014, and at no time did Kalmer or his attorney make a request for a jury trial. The distr... More...   $0 (11-01-2016 - KS)

STATE OF KANSAS v. BENNY ROE BUSH, III,

On April 23, 2012, Matthew Caddell confidentially informed Sergeant Mike Wehmeyer of the Leavenworth County Sheriff's Department that Bush was in possession of marijuana and "could get whatever quantity of marijuana was needed." Over the next 3 days, Caddell reported to Sergeant Wehmeyer two additional incidents involving Bush allegedly selling drugs. After performing surveillance at 623 Dakota St... More...   $0 (10-31-2016 - KS)

MARK S. SELLENS v. FARMERS INSURANCE CO., INC.,

On August 28, 2013, Sellens was injured when a Chevrolet Suburban being driven by Jason Klotz turned left in front of Sellens' oncoming motorcycle. Klotz, the owner of the Suburban, was employed by Kansas Fire and Safety Equipment, Inc. (KFSE). The various insurance policies at play are as follows:  Sellens was insured by Farmers under a policy that provided liability coverage and UIM c... More...   $0 (10-24-2016 - KS)

 
 
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