16 results for 'court:"Kansas Courts Of Appeal"'.
J. Hill finds a lower court improperly granted summary judgment to Bass Pro on a consumer's product defect claims concerning the purchase of a Beretta APX 9mm pistol for self- protection, which was stored under the driver's seat of his vehicle with a user manual. Bass Pro argued that is was not liable when the consumer misused the firearm in close proximity to his football teammate, after boasting that he could disassemble the weapon in "2.2 seconds," which resulted in an accidental gun shot that left the teammate with a leg amputation. However, the consumer sufficiently showed that he did not commit a "volitional" act based on his belief that the weapon would not fire when he removed the magazine to disarm it. Reversed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: May 3, 2024, Case #: 126314, Categories: Negligence, Product Liability
J. Hurst finds a lower court properly dismissed a property company's motion for judicial review concerning a city's denial of a development application. The property company argued that it was entitled to construct a luxury residential development on 29 acres in close proximity to a highway. However, the city sufficiently showed in court that the application did not meet the three- fourths majority vote to approve the development, and that it has discretion to deny applications that are for rezoning efforts that do not conform to local ordinances. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: April 26, 2024, Case #: 125734, Categories: Construction, Property, Zoning
J. Malone finds a lower court properly convicted a defendant for Racketeer Influenced and Corrupt Organization practices. The defendant argued that his 138 month prison sentence is unreasonable based on his insistence that he was a minor during part of his criminal activities as a member of the Insane Crips. However, the state presented sufficient evidence in court that his ongoing crimes began when he was underage and continued into his adult life. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: March 29, 2024, Case #: 125992, Categories: Sentencing, Racketeering, Gangs
J. Green finds a lower court properly imposed 26 convictions on a defendant for sexual exploitation of a child. The defendant argued that the State lacked sufficient evidence in court that he actually downloaded child pornography on a device via zip filer. However, the error does not affect the jury's guilty verdict based on the amount of child pornography content in his recycle bin. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green, Filed On: February 2, 2024, Case #: 125064, Categories: Evidence, Child Pornography
J. Warner finds a lower court properly dismissed a foster parents' motion for permanent placement of a foster child. The foster parents argued that they are entitled to adopt an infant after serving as caregivers since birth. However, although the Department for Children and Families' caseworkers sufficiently showed in court that the infant may be best placed in a home with her biological siblings, the court lacks jurisdiction over post- termination decisions. Vacated.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: December 22, 2023, Case #: 126,025, Categories: Family Law, Jurisdiction
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J. Malone finds a lower court improperly dismissed a defendant's illegal sentence claims against the state. The state argued that the defendant, who was convicted on charges of aggravated burglary, kidnapping, and repeatedly stabbing his victim, is not entitled post trial motion for ineffective representation. However, the defendant presented sufficient evidence in court that he was denied "conflict- free counsel." Vacated.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: November 22, 2023, Case #: 124,725, Categories: Burglary, Evidence, Kidnapping
J. Gardner finds a lower court properly dismissed a cross- appeal brought by a county against a city employee's workers compensation award claims. The county argued that the employee's award should be reduced based on a preexisting injury. However, the employee sufficiently showed in court that applying the American Medical Association Guides to the Evaluation of Permanent Impairment is just a starting point in evaluating the amount of his award. Reversed in part.
Court: Kansas Courts Of Appeal, Judge: Gardner, Filed On: November 17, 2023, Case #: 125,592, Categories: Employment, Negligence, Workers' Compensation
J. Malone finds a lower court properly convicted a defendant on two felony crimes and two misdemeanors. The defendant argued that the lower court erred in calculating his criminal history score. However, the government presented sufficient evidence in court that a prior conviction for criminal threat was based on conduct that was intentional. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: October 20, 2023, Case #: 125,269, Categories: Evidence, Threats
J. Cline finds a lower court properly granted summary judgment in favor of a promotional products company, but not the original owner of the company himself. A former business partner argued that the owner of the promotional products company breached fiduciary duty by defaulting on lines of credit, leaving him in deep debt, and then launched a separate business without notice. However, the former owner of the company sufficiently showed in court that his former partner did not suffer direct damages as a result of his actions. Affirmed in part.
Court: Kansas Courts Of Appeal, Judge: Cline, Filed On: October 20, 2023, Case #: 125,657, Categories: Fiduciary Duty, Business Practices
J. Hurst finds a lower court properly ordered a defendant to register as a sex offender. The defendant argued that the lower court erred in imposing registration under the Kansas Offender Registration Act for a sexually violent crime. However, the imposition is justified based on his conviction for aggravated indecent liberties with a 15- year-old child. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: September 29, 2023, Case #: 125,119, Categories: Sex Offender, Child Victims
J. Green finds a lower court properly dismissed a civilian's motion for a new trial. The civilian argued that the State erred in charging her for disorderly conduct. However, the State presented sufficient evidence in court that the defendant's sentence of six months of non- reporting probation and a 30 days sentence was justified by evidentiary testimony, which she failed to timely object. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green , Filed On: September 15, 2023, Case #: 125,695, Categories: Evidence, Fair Trial, Probation
J. Warner finds a lower court properly dismissed a farming operations owner's property rights claims. The owner of the faming operations argued that he was entitled to install two miles of pipeline to transfer "liquified hog waste" to fertilize his crops. However, his neighbors presented sufficient evidence in court that he violated nuisance rules when he failed to gain consent from other local farmers and landowners.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: August 25, 2023, Case #: 125,274, Categories: Agriculture, Property
J. Hurst finds a lower court improperly denied a father's request for settlement funds from a wrongful death action filed by his deceased son's mother. The mother argued that the father should be banned from settlement proceedings based on allegations that he played a role in their son's suicide, which he carried out with the father's firearm. However, the father may be entitled to participate in the apportionment of funds because he has not been deemed liable of his son's death. Vacated.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: July 28, 2023, Case #: 125,787, Categories: Settlements, Wrongful Death, Firearms
J. Hill finds a lower court properly dismissed an electronics company's trade secrets claims against an equipment manufacturer, who won a government contract bid to manufacture a technology test system. The electronics company argued that the equipment manufacturer infringed on its trade secrets in order to create a "price-competitive" proposal." However, the intellectual property involved in the proposal was already available to the public. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: July 21, 2023, Case #: 119,563, Categories: Trade Secrets, Unfair Competition, Contract
J. Green finds a lower court properly convicted a defendant for involuntary manslaughter after he engaged in a deadly beating of a man who died from his injuries. The defendant, a violent offender, argued that his conviction was not supported by evidence. However, the government presented sufficient evidence in court that a witness observed the defendant's victim "getting the shit beat out of him" and that defendant knocked him unconscious, which resulted in a fatal head injury. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green, Filed On: July 7, 2023, Case #: 124,775, Categories: Murder, Manslaughter, Witnesses
J. Arnold- Burger finds a lower court properly convicted a defendant to one count of identity theft after he presented a social security card to law enforcement that did not belong to him in order to dodge arrest for outstanding warrants. The defendant argued that he is only on the hook for a misdemeanor charge of interference with law enforcement. However, the State presented sufficient evidence in court that the charge of interference with law enforcement is not a more specific crime related to his charge of identity theft. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Arnold- Burger, Filed On: May 30, 2023, Case #: 124,314, Categories: Identity Theft