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Kansas Real Property Law
 

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)

STATE OF KANSAS v. MARK A. WELLS

In January 2011, Kenneth D. Miller informed officers with the Reno County Drug Enforcement Unit (DEU) that he had purchased at least 200 pounds of methamphetamine from James Elliott over the previous 10 years. Miller told officers that Elliott was Wells' sexual partner, the two had been "kicked out" of Kansas City because of their involvement in methamphetamine distribution, and they were now livi... More...   $0 (10-24-2016 - KS)

United States of America v. Kathleen M. Stegman

Kansas City, KS - Kansas Business Owner Sentenced to Prison for Tax Evasion

A Leawood, Kansas business owner was sentenced to serve 51 months in prison after being convicted of tax evasion following a five-week jury trial.

According to the evidence at trial, Kathleen M. Stegman, 58, owned and operated Midwest Medical Aesthetics (Midwest). During the years 2006 through 2010, Ste... More...
   $0 (10-24-2016 - KS)

STATE OF KANSAS v. DOUGLAS S. BELT

Belt's challenges to his convictions based on the sufficiency of the evidence to support them necessitate a thorough review of the grisly evidence in this case. The victim in this case, L.G., was a housekeeper at a Wichita apartment complex. She and her live-in boyfriend, Chris Branch, were acquainted with Belt as former neighbors. On the morning of June 25, 2002, a manager at the complex w... More...   $0 (10-23-2016 - KS)

STATE OF KANSAS v. MICHAEL W. STILL

Michael W. Still appeals the revocation of his probation and the imposition of a modified sentence of 71 months' imprisonment. This court granted Still's motion for summary disposition in lieu of briefs pursuant to Supreme Court Rule 7.041A (2015 Kan. Ct. R. Annot. 67). The State filed no response.

On September 27, 2012, Still pleaded guilty to aggravated battery, domestic battery, ... More...
   $0 (10-18-2016 - KS)

STATE OF KANSAS v. CHARLES D. DAVIS, JR.

The evidence, viewed in the light most favorable to the State, establishes the following facts. On the evening of June 9, 2014, Davis' father contacted the Hutchinson Police Department and asked them to send officers to his home to arrest Davis, who was living with his father at the time. Davis' father told the police his son broke the television again and put a hole in the wall by throwing the ba... More...   $0 (10-18-2016 - KS)

STATE OF KANSAS v. CHRISTINA M. LUDES, Appellant.

In her 2013 case, Ludes pleaded guilty to felony theft and was sentenced to 12 months' probation with an underlying 10-month prison sentence. The State twice moved to revoke her probation due to several violations, including new criminal charges. Ludes stipulated to having violated her probation.

In her 2014 case, Ludes was charged with another felony theft and agreed to plead no contes... More...
   $0 (10-18-2016 - KS)

STATE OF KANSAS v. LOREN MALIK WISEMAN

We begin with the basic facts related by Wiseman and his girlfriend, Alexandra Escarcega; for facts that might be disputed, we will indicate when the information comes from someone else. Around 5 p.m. on December 6, 2014, Wiseman rode with Escarcega to a Dillon's grocery store in Garden City. Wiseman and Escarcega lived in Wichita but had held a birthday party for their daughter at the YMCA in Ga... More...   $0 (10-18-2016 - KS)

STATE OF KANSAS v. HUMBERTO CHAVEZ

On September 22, 2012, around 3:30 a.m., Captain Thomas Joyce was driving his patrol car when he saw a man on the porch of 913 Argentine Boulevard, in Kansas City, Kansas. Captain Joyce took notice of the man because the man was near a house that had been recently involved in a homicide. There was a dark colored car in the driveway of the house. Captain Joyce continued driving, but when he reached... More...   $0 (10-11-2016 - KS)

STATE OF KANSAS v. ALICIA D. JACOBS

Claiming there is insufficient evidence to find her guilty, Alicia D. Jacobs asks us to overturn her felony convictions for theft and attempting to elude a police officer. She also contends there was no good reason for the police to stop her van and the subsequent search of her vehicle was illegal. In addition, Jacobs raises claims about the improper admission of some photographs and a pleading er... More...   $0 (10-11-2016 - KS)

STATE OF KANSAS v. DARRIUS SHUGART

Shugart was convicted of two counts of kidnapping, six counts of criminal possession of a firearm, four counts of aggravated assault, two counts of aggravated burglary, two counts of attempted aggravated robbery, plus aggravated robbery, criminal threat, theft, criminal discharge of a firearm, and criminal damage to property. The district court sentenced Shugart to 184 months' imprisonment. On app... More...   $0 (10-01-2016 - KS)

STATE OF KANSAS v. JESUS CARRASCO

On the night of March 28, 2015, James and Jessica Harp were driving in their truck on Cornell Street in Liberal. Another truck crashed into the front of their truck and several gunshots were fired at them. The couple was able to drive away and immediately called the police.

The State eventually charged Carrasco with two counts of attempted first-degree murder, one count of conspiracy t... More...
   $0 (10-01-2016 - KS)

STATE OF KANSAS v. ROBERT JOE BARNES

On October 19, 2009, Barnes pled no contest to one count of attempted failure to register as required by the Kansas Offender Registration Act, K.S.A. 22-4901 et seq., a severity level 7 person felony. The presentence investigation (PSI) report prepared before sentencing indicated that Barnes' criminal history score was a C, based in part on a prior 1978 conviction of burglary in Spearman, Texas, w... More...   $0 (10-01-2016 - KS)

HILTON PLASTER COMPANY, INC. v. ROBERT L. KNOBLAUCH A/K/A BOBBY KNOBLAUCH, and WHEATLAND DRYWALL, INC.,

Wheatland Drywall (Wheatland) was hired as a subcontractor to do construction work. Wheatland contacted Hilton Plaster (Hilton) to do stonework on the same project. When Hilton was not paid, it sued Wheatland and its owner, Bobby Knoblauch. Wheatland and Knoblauch alleged that the general contractor had hired Hilton. Knoblauch eventually learned that the general contractor had paid Wheatland for... More...   $0 (10-01-2016 - KS)

CHARLES L. FREED v. STATE OF KANSAS

Upon remand, the district court found that one of Charles L. Freed's trial attorneys was deficient when he told Freed the State's plea offer was for 96 months in prison when it was actually an offer for 60 months. There is evidence that Freed would have accepted such an offer. But this record shows no reasonable probability that the sentencing judge would have accepted the State's recommended 60-... More...   $0 (10-01-2016 - KS)

STATE OF KANSAS v. BRYANT A. SEBA

Following a period of escalating tension between Bryant A. Seba and others, Seba fired nine shots toward those with whom he had been fighting. He killed a pregnant bystander and repeatedly shot one of the men, resulting in the man's paralysis. The State charged Seba with two counts of first-degree premeditated murder. One of Seba's two first-degree premeditated murder counts was based on Alexa's l... More...   $0 (10-01-2016 - KS)

STATE OF KANSAS v. JIMMY JERMAL NETHERLAND

Netherland's sufficiency challenge requires us to recite the facts underlying this appeal in greater detail than might otherwise be necessary. Because multiple participants in the events underlying this appeal share the same last name, this opinion will refer to these participants on second and subsequent reference by their first names.

July 18, 2011—Attempted Burglary of a Motor Vehicl... More...
   $0 (10-01-2016 - KS)

STATE OF KANSAS v. ANTHONY MICHAEL ALEXANDER

Defendant Anthony Michael Alexander appeals from the verdict of a jury sitting in Johnson County District Court convicting him of misdemeanor driving under the influence, a violation of K.S.A. 2015 Supp. 8-1567. Alexander complains that the admission of a toxicology report was unfairly prejudicial, the trial evidence was insufficient to support the verdict, and a single misstatement in the prosecu... More...   $0 (09-23-2016 - KS)

CITY OF GARDNER v. VADIM BARCA

After appealing a municipal court conviction for misdemeanor theft, Barca was convicted of misdemeanor theft in district court. The district court imposed probation, supervised by the court services office, and ordered Barca to pay a $500 fine plus court costs. On appeal, Barca challenges the district court's authority to order the court services office to supervise his probation for a municipal ... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. MARQUATESZ R. REDMON

All parties in this case agree that the charges in this case arose out of horrible facts. On the evening of June 6, 2013, 76-year-old W.S.B., a widow who lived alone in her Wichita home, endured a horrendous ordeal after waking up when a strange man
2
came into her bedroom and jumped on top of her while holding a knife. W.S.B. was not wearing her glasses, so she could not see the man. Sh... More...
   $0 (09-23-2016 - KS)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa... More...
   $0 (09-23-2016 - KS)

 
 
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