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Kansas Real Property Law
 

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)

STATE OF KANSAS v. KYLER WAYNE CARRIKER

On April 18, 2013, Lorenzo Spires picked up his friends Dennis Haynes and John Carter for the purpose of meeting up with Carriker to buy drugs. Haynes had a gun with him. Carriker had arranged for the drug sale to take place at the home of Kyle Beltz and instructed Spires to park at a smoke shop near Beltz' house. When Spires arrived, Carriker approached the vehicle and told Spires, Haynes, and C... More...   $0 (05-17-2017 - KS)

STATE OF KANSAS v. LAURIE SHARPNACK

On October 8, 2012, Sharpnack reported to the Topeka Police Department that her vehicle, previously reported stolen, had been recovered. Sharpnack went to the law enforcement center to meet with an officer regarding several items she had found in her vehicle that did not belong to her. Officer John Bernick met with Sharpnack, who said she had uncovered jugs, cat litter, and various cards while sea... More...   $0 (05-17-2017 - KS)

STATE OF KANSAS v. JUAN LUIS JASSO-MENDOZA

It is the combination of errors in this prosecution that leads us to conclude that Jasso-Mendoza did not receive a fair trial. The confusing jury instructions, the judge's failure to answer the jury's question, and the prosecutor's misstatement of the law, when combined, all create an error that we cannot label as harmless. We must reverse and remand for a new trial.

Reversed and rema... More...
   $0 (05-17-2017 - KS)

STATE OF KANSAS v. VERNON R. GILLILAND

This is Vernon Gilliland's third appeal following his conviction for aggravated criminal sodomy against a victim under the age of 14. Following his conviction, Gilliland moved for a departure sentence which the district court denied. In State v. Gilliland, 294 Kan. 519, 552, 276 P.3d 165 (2012) (Gilliland I), the Kansas Supreme Court affirmed his conviction but vacated his sentence and remanded fo... More...   $0 (05-16-2017 - KS)

STATE OF KANSAS v. TYLER CHRISTOPHER PILAND

This is an appeal from a probation revocation in which Tyler Christopher Piland contends his decision to waive his right to an evidentiary hearing and to admit violating the terms of his probation was not voluntarily and intelligently made.

In case 13 CR 1096, Piland was charged with burglary and seven counts of theft. In case 13 CR 1650, he was charged with two counts of burglary,... More...
   $0 (05-16-2017 - KS)

STATE OF KANSAS v. DEDRICK LEAKS

On September 13, 2014, Cain McEwen went to Manhattan, Kansas, to visit Derek Soucie. They went to a bar in Aggieville, where McEwen drank 9-10 beers, and Soucie drank 10-15 beers. At 2 a.m., when the bar closed, McEwen and Soucie were separated while the crowd was pushed out of the door. McEwen was walking to the parking lot and texting on his phone. As he was walking, "[s]omebody invaded my perso... More...   $0 (05-04-2017 - KS)

STATE OF KANSAS v. BRIAN DIXON

On August 19, 2015, Dixon pled guilty to aggravated escape from custody, a severity level 8 nonperson felony. A presentence investigation (PSI) report prepared before sentencing indicated that Dixon's criminal history score was C based in part on a prior 2000 second-degree burglary conviction in Missouri, which was classified as a person felony. Dixon filed a motion for durational departure.
... More...
   $0 (05-03-2017 - KS)

STATE OF KANSAS v. MAURICE ORLANDO STEWART

The events leading to Stewart's convictions began to unfold on June 27, 2010, when Cook checked into room 221 at the Econo Lodge in Olathe. Cook worked as a supervisor of a company that was pressure testing a pipe system close by in Kansas City, Missouri. Stewart; his girlfriend, Stephanie Laguna; and her son were staying in room 223, next door to Cook.

The next day, sometime around la... More...
   $0 (05-02-2017 - KS)

STATE OF KANSAS v. BRIAN EUGENE JONES

Sex Offender

On August 28, 2014, Jones pled guilty to one count of sexual exploitation of a child, a severity level 5 person felony, in violation of K.S.A. 2014 Supp. 21-5510(a)(2). Jones pled guilty based on a plea agreement with the State. Under that plea agreement, the State agreed that it would recommend that Jones serve probation in exchange for Jones' guilty plea.

On October 29, 2014, at Jones... More...
   $0 (04-25-2017 - KS)

STATE OF KANSAS v. EDMUND ALEXANDER HAMLIN

Hamlin was charged with intentional attempted murder in the second degree, possession of a hallucinogenic drug, and an alternative count of intentional aggravated battery causing great bodily harm or disfigurement for an incident that occurred July 30, 2014, in Topeka, Kansas. Prior to the incident, Hamlin had begun a relationship with Dawn Scott in May 2014. Early on in the relationship, Hamlin a... More...   $0 (04-24-2017 - KS)

STATE OF KANSAS v. JERRY JOHNSON, JR.

This case began in July 2015 when the State charged Johnson with attempted aggravated robbery, aggravated assault using a knife, criminal threat, interference with a police officer, possession of methamphetamine, and possession of marijuana with a prior conviction. As part of a plea deal, Johnson pled no contest to possession of methamphetamine, possession of marijuana with a prior conviction, and... More...   $0 (04-17-2017 - KS)

STATE OF KANSAS v. TRENTON BISHOP

The State charged Bishop with kidnapping, aggravated burglary, and two counts of aggravated robbery arising out of the home invasion. During his jury trial Bishop and the State reached a plea agreement whereby Bishop pled guilty to a single count of aggravated robbery and the State dismissed the remaining charges. Further, they agreed that Bishop could argue for a departure at sentencing.
<... More...
   $0 (04-17-2017 - KS)

STATE OF KANSAS v. DONNIE L. TAYLOR

Officer Brian Vollweider observed Taylor get into the passenger side of a car. Officer Vollweider was familiar with Taylor from prior experiences. He thought Taylor might have an arrest warrant so he stopped the car, told Taylor about the potential warrant, and asked Taylor to exit the vehicle. According to Vollweider when Taylor got out of the car he was carrying a purple Crown Royal bag and some... More...   $0 (04-17-2017 - KS)

 
 
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