53 results for 'court:"Kansas Supreme Court"'.
J. Biles finds a lower court properly convicted a defendant for aggravated criminal sodomy of a minor female child, who is his stepdaughter. The defendant argued that his Internet search history did not reveal any sexual misconduct, his victim's testimony lacked specific details, and that the court's panel was right to deem his Internet history as irrelevant. However, the government sufficiently showed in court that his Internet searches were focused on underaged female children, who were forced into filming content under titles that included, "Sex At 9 years old," and "Step Dad started blowing me at age 5," which did not constitute undue prejudice. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 12, 2024, Case #: 124,054, Categories: Evidence, Child Victims, Child Pornography
J. Stegall finds a lower court improperly dismissed a class of insured consumers' contract claims against an insurance company. The insurance company argued that it was not entitled to fully cover an insured school district employee's medical expenses following a car accident, and that he was obligated to partially reimburse the plan. However, the insured, on behalf of himself and other employees, sufficiently showed in court that the insurance company is not entitled to issue a certificate of insurance that contains a subrogation clause for reimbursement of medical and hospital expenditures. Reversed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: January 5, 2024, Case #: 124,046, Categories: Insurance, Damages, Class Action
Per curiam, the Supreme Court of Kansas suspends Phillip R. Sedgwick's license to practice for six months, a discipline to be followed by three years probation. The attorney argued that he is an adequate member of the bar association. However, he failed to properly represent a client in a misdemeanor domestic battery case and then submitted a parenting plan in court that was riddled with typographical inaccuracies.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 126,643, Categories: Attorney Discipline
J. Stegall finds a lower court improperly dismissed a claim for temporary injunction brought by the League of Women Voters of Kansas concerning civilians who may engage in illegal conduct that would convince others that they are election officials. The parties in question argued that they are entitled to participate in voter events. However, the league sufficiently showed in court that their actions may confuse voters into believing that they are election clerks and poll workers. Vacated.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: December 15, 2023, Case #: 124,378, Categories: Elections, Injunction
J. Wilson finds a lower court properly sentenced a defendant to life in prison for first- degree felony murder and aggravated assault on a police officer. The defendant argued that he was not able to stand trial based on his psychiatric ailments. However, the government presented sufficient evidence in court that an expert found him competent, despite his unpredictable behavior. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 125,254, Categories: Evidence, Murder, Sentencing
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J. Wilson finds a lower court properly set aside a defamation judgement brought by a surgeon against a former patient. The surgeon argued that his former patient tarnished his reputation by posting false Yelp reviews online. However, the former laser resurfacing patient sufficiently showed in court that the post did not damage his professional reputation. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 122,400, Categories: Negligence, Defamation
J. Wilson finds a lower court properly convicted a defendant on charges of felony murder and aggravated criminal sodomy. The defendant, who ingested crack cocaine at the time, argued that his victim's injuries were the result of mouth to mouth resuscitation, and that his expert witness testified that her vaginal injuries were from "simple genital wiping." However, the government presented sufficient evidence in court that he carried out a forcible act when he sodomized and killed his victim using "force or fear." Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 124,992, Categories: Drug Offender, Murder, Experts
Per curiam. The Supreme Court of Kansas finds a lower court properly disciplined an attorney for copying content from a law firm's website and placing it on her website. The attorney, who applied for the Kansas bar, argued that she reactivated her previous website to update her employment history and experience. However, she failed to disclose that the Boys and Girls Club terminated her role for misconduct. Affirmed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 125,621, Categories: Employment, Attorney Discipline
J. Biles finds a lower court properly convicted a defendant for aggravated assault with a deadly weapon against her ex-husband's girlfriend. The defendant argued that the lower court erred in refusing to instruct a jury on a lesser included offense of simple assault. However, the State presented sufficient evidence in court that the jury instruction would have changed the outcome of her trial.
Court: Kansas Supreme Court, Judge: Biles, Filed On: December 1, 2023, Case #: 123,723, Categories: Assault, Weapons, Jury Instructions
J. Wilson finds a lower court improperly imposed a felony theft charge on a defendant who failed to remit sales taxes to the government. The government argued that the business owner violated the State's Retailer's Sales Tax Act, which resulted in penalties. However, the defendant sufficiently showed in court that her criminal theft charge should be tossed out based on her failure to engage in "unauthorized control" over the owed taxes. Affirmed in part.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: November 17, 2023, Case #: 123,260, Categories: Theft, Tax
J. Standridge finds a lower court properly denied a defendant's motion to suppress evidence. The defendant, who was detained for driving under the influence, argued that the lower court erred in refusing to toss out an evidentiary breath test based on claims that he invoked his rights to counsel. However, the government presented sufficient evidence in court that the defendant was obligated to invoke his rights for counsel after the EBT. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: November 17, 2023, Case #: 123,862, Categories: Civil Rights, Evidence
J. Luckert finds a lower court properly denied a defendant's motion for counsel. The defendant, who was convicted on charges of rape, argued that he is entitled to representation to challenge his 272-month sentence. However, the defendant's motion is untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: October 20, 2023, Case #: 124,674, Categories: Sentencing, Sex Offender
J. Wall finds a lower court properly convicted a defendant for felony murder and fleeing and eluding a police officer. The defendant argued that the lower court's jury instructions created an alternative- means offense when it presented multiple felonies for fleeing and eluding a police officer, who attempted to capture him after he tried to pass a fraudulent check inside of a bank. However, the state presented sufficient evidence in court that his convictions are not "tainted by an alternative- means error." Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: October 20, 2023, Case #: 124,724, Categories: Fraud, Murder, Negligent Murder
J. Wall finds a lower court improperly vacated a defendant's conviction for aggravated- kidnapping. The defendant, who was sentenced to 45 years in prison, argued that he is entitled to relief. However, the State presented evidence in court that the defendant confined his victim in order to facilitate another crime. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 123,742, Categories: Sentencing, Kidnapping
J. Wall finds a lower court properly convicted a defendant for raping and sodomizing a female victim. The defendant, who was charged with aggravated battery and kidnapping, argued that he was entitled to self- representation. However, the government sufficiently showed in court that the defendant behaved inappropriately at trial. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 122,156, Categories: Battery, Kidnapping, Self Representation
J. Luckert finds a lower court properly convicted a defendant on charges of attempted aggravated burglary. The defendant argued that the State failed to provide sufficient evidence in court that he intentionally entered a residence that was occupied. However, a text message discovered by authorities that he sent his girlfriend stated: "I just got my phone back, babe. I lost it running from the cops. Someone seen me...and I almost got caught breaking in." Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: August 4, 2023, Case #: 122,660, Categories: Burglary, Evidence
Per curiam. The Supreme Court of the State of Kansas grants an attorney's motion for reinstatement of her license to practice law. The State argued that the court erred in disapproving certain conditions including forcing her to address her outstanding debt obligations. However, she is obligated to allow her supervised attorney access to her files and records.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: August 2, 2023, Case #: 105,339, Categories: Attorney Discipline
J. Rosen finds a lower court properly submitted certified questions to the supreme court concerning arbitration proceedings brought by an estate administrator against a conveyor manufacturer. The conveyor manufacturer argued that the estate administrator properly initiated arbitration claims against it after her decedent died in an agricultural accident, and that a second proceeding was barred by the State's one- action rule. However, the estate sufficiently showed in court that an arbitration confirmation does not qualify as a final ruling, and does not bar a second action in federal court under the state's one action rule. Reversed.
Court: Kansas Supreme Court, Judge: Rosen, Filed On: July 21, 2023, Case #: 125,778, Categories: Agriculture, Arbitration, Wrongful Death
J. Wilson finds a lower court properly ruled in favor of a landowner on claims that it holds a prescriptive easement on a neighbor's land. The neighbor argued that the landowner was not entitled to cross a boundary line between properties. However, the landowner presented sufficient evidence in court that he acquired the boundary line by adverse possession.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: July 7, 2023, Case #: 123,823, Categories: Property
J. Wall finds a lower court properly dismissed a defendant's second motion to correct an alleged illegal sentence. The defendant, who is serving a life sentence with no chance of parole, argued that the lower court erred in imposing restitution to the sister of his murder victim. However, the defendant is barred from bringing his claims under res judicata. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 23, 2023, Case #: 125,113, Categories: Murder, Sentencing, Restitution
J. Wall finds a lower court properly imposed a restitution plan on a defendant who pleaded guilty to robbery of a vehicle. The defendant argued that the $2,000 restitution plan is impractical based on lack of funds. However, the plan is reasonable because he is allowed to make payments of $15 per month during his 100 month prison sentence. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 9, 2023, Case #: 123,5, Categories: Robbery, Restitution
J. Stegall finds a lower court improperly ruled in favor of an environmental group concerning the expansion of a swine facility. The environmental group argued that the State's department of health and environment wrongfully granted the swine farm's application for permits to expand the facility, even though the two facilities were not legally "separate facilities." However, the environmental department's claims are rendered moot after the swine facility removed a shared property line and obtained new permits to run both facilities. Reversed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: June 2, 2023, Case #: 123,023, Categories: Agriculture, Environment, Property
J. Wall finds a lower court improperly imposed an illegal sentence on a defendant who was charged for kidnapping a teenager at gunpoint in order to coerce her to sell marihuana. The State argued that the lower court properly imposed a 71 month prison sentence on behalf of the defendant based on his criminal history score. However, the defendant presented sufficient evidence in court that he is entitled to a motion to correct the illegal sentence in an appellate court, which has subject matter jurisdiction over illegal sentences. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 26, 2023, Case #: 122,418, Categories: Drug Offender, Sentencing, Kidnapping