Kansas Cases ©   Coverage   Help   Search Westlaw   Topic: AllCommercial Law & ContractsCriminal JusticeEnergyEstate Planning & ProbateFamily LawGovernment BenefitsGovernment ContractsHealth & MedicineLabor & EmploymentLegal EthicsPension & Retirement BenefitsProfessional MalpracticeReal PropertyTaxationTort Law STATE of Kansas, Appellee, v. Benjamin A. APPLEBY, Appellant. , Kan., November 20, 2009 Syllabus by the Court 1. When an appellate court reviews a ruling relating to a double jeopardy or multiplicity issue, an unlimited scope of appellate review applies. 2. Multiplicity is the charging of a single offense in several counts of a complaint or information. Multiplicity creates the potential for multiple punishments for a single offense in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and § 10 of the Kansas Constitution Bill of Righ... Leland Kent SHAW, Appellant, v. SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT THREE, Appellee. , Kan.App., November 20, 2009 Syllabus by the Court 1. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 2. Kansas follows the common-law employment-at-will doctrine, which allows an employer to terminate an employee for good cause, no cause, or even for wrongful cause. To prevail on a retaliatory d... STATE of Kansas, Appellee, v. Jon Paul ULATE, Appellant. , Kan.App., November 20, 2009 Syllabus by the Court 1. Generally, the admission of expert testimony lies within the sound discretion of the district court, and the district court's decision will not be overturned absent an abuse of such discretion. Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable. If reasonable persons could differ as to the propriety of the action taken by the district court, an appellate court will not conclude that the district court abused its discretion. 2. G... STATE of Kansas, Appellee, v. Martye MADKINS, III, Appellant. , Kan.App., November 20, 2009 Syllabus by the Court 1. The standard of review for alleged prosecutorial misconduct during opening statement or closing argument involves a two-step analysis. First, the appellate court decides whether the comments were outside the wide latitude that the prosecutor is allowed in discussing the evidence. Second, the appellate court decides whether those comments constitute plain error; that is, whether the statements prejudiced the jury against the defendant and denied the defendant a fair trial... Lynwood BAKER, Appellant, v. STATE of Kansas, Appellee. , Kan.App., November 20, 2009 Syllabus by the Court In a case where our Supreme Court has ordered that a defendant is to be resentenced after a direct appeal, the 1-year time period, under K.S.A. 60- 1507(f), for bringing a timely action under K.S.A. 60-1507 will start to run after the period for a direct appeal has expired. Appeal from Sedgwick District Court; Anthony J. Powell, Judge. Elizabeth Seale Cateforis, of Paul E. Wilson Defender Project, University of Kansas School of Law, for appellant. Boyd K. Isherwood... Jerry L. ROWLAND, Appellant, v. STATE of Kansas, Appellee. , Kan., November 20, 2009 Syllabus by the Court 1. When a district judge has appointed counsel and conducted a preliminary hearing on a K.S.A. 60-1507 motion, an appellate court reviews any findings of fact under a deferential standard and any conclusions of law under a de novo standard. In order to obtain K.S .A. 60-1507 relief, as a matter of law, a movant must demonstrate that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attac... STATE of Kansas, Appellee, v. William E. McKNIGHT, Jr., Appellant. , Kan.App., November 13, 2009 Syllabus by the Court 1. A court may correct an illegal sentence at any time. K.S.A. 22- 3504(1). An "illegal" sentence, as contemplated by K.S.A. 22-3504(1), is a sentence imposed by a court without jurisdiction; a sentence which does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence which is ambiguous with respect to the time and manner in which it is to be served. Courts have the authority to review the State's claim that a... STATE of Kansas, Appellee, v. Anthony R. MURPHY, Appellant. , Kan.App., November 13, 2009 Holdings: The Court of Appeals, Rulon, C.J., held that: (1) under totality of the circumstances test, officer's investigatory traffic stop of defendant turned into a voluntary consensual encounter, as opposed to an illegal seizure; and (2) defendant waived, for purposes of appeal, his objection to the admission of the lab reports. Affirmed. Greene, J., filed dissenting opinion. Syllabus by the Court 1. The appellate courts review a district court's decision on a motion to suppress... STATE of Kansas, Appellee, v. Scott P. CORDELL, Appellant. , Kan.App., November 13, 2009 Appeal from Shawnee District Court; Richard D. Anderson, Judge. Shawn E. Minihan, of Kansas Appellate Defender Office, for appellant. Jason E. Geier, assistant district attorney, Chadwick J. Taylor, district attorney, and Steve Six, attorney general, for appellee. Before RULON, C.J., GREENE and McANANY, JJ. MEMORANDUM OPINION RULON, C.J. Defendant, Scott P. Cordell, entered a no contest plea to possession of an opiate or narcotic. After the defendant has been sentenced, he fil... In the Matter of Michael BRUNTON, Respondent. , Kan., November 10, 2009 ORDER On October 27, 2006, this court suspended the imposition of a disciplinary sanction against the respondent for 2 years. See In re Brunton, 282 Kan. 423, 144 P.3d 606 (2006). This court ordered that the respondent comply with certain conditions. The respondent has submitted a letter to the Clerk of the Appellate Courts in which he stated that he had complied with the conditions as set out by the court in its opinion. The respondent submitted documentation to the Disciplinary Administrato... In the Interest of A.M.B., R.L.B., K.L.B. and J.T.B., Minor Children Under the Age of Eighteen. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Harold E. Flaigle, Judge. Janet S. Helsel, of Wichita, for appellant mother. Larry S. Vernon, of Kansas Department of Social and Rehabilitation Services, for appellee. Before RULON, C.J., GREENE and HILL, JJ. MEMORANDUM OPINION PER CURIAM. V.L.B., mother, appeals from the judgment of the district court terminating mother's parental rights to A.M.B., R.L.B., K.L.B., and J.T.B, minor children. Affirmed under Supreme Court Rule 7.042(d) and... In the Interest of H.M. and C.M., Minor Children Under the Age of Eighteen. , Kan.App., November 6, 2009 Appeal from Johnson District Court; Kathleen L. Sloan, Judge. Donald S. Smith., of Manning & Smith, of Olathe, for appellant mother. Steven J. Obermeier, assistant district attorney, and Steven M. Howe, district attorney, for appellee. Rachelle M. Eichenwald, of Overland Park, guardian ad litem. Before RULON, C.J., GREENE and HILL, JJ. MEMORANDUM OPINION PER CURIAM. V.M., mother, appeals the district court's order finding H.M. and CM. to be children in need of care (CINC). ... Charles GATEWOOD, Appellant, v. Sam CLINE, et al., Appellee. , Kan.App., November 6, 2009 Appeal from Reno District Court; Joseph L. McCarville, III, Judge. Charles Gatewood, appellant pro se. Jon D. Graves, of Kansas Department of Corrections, for appellee. Before RULON, C.J., GREENE and McANANY, JJ. MEMORANDUM OPINION PER CURIAM. Charles Gatewood appeals the district court's denial of his K.S.A. 60-1501 petition, arguing that a prison disciplinary conviction was "unjust and should be reversed." We review such disciplinary actions to determine if there was some ev... STATE of Kansas, Appellee, v. Daniel L. UNRUH, Appellant. , Kan.App., November 6, 2009 Appeal from Reno District Court; Steven R. Becker, Judge. Gregory D. Bell, of Forker, Suter & Rose, LLC, of Hutchinson, for appellant. Thomas R. Stanton, deputy district attorney, Keith E. Schroeder, district attorney, and Steve Six, attorney general, for appellee. Before RULON, C.J., GREENE and McANANY, JJ. MEMORANDUM OPINION PER CURIAM. Defendant Daniel L. Unruh appeals his sentence for manufacture of methamphetamine as a severity level 1 offense, contending that under State... STATE of Kansas, Appellee, v. Jaimi LETTAU, Appellant. , Kan.App., November 6, 2009 Appeal from Harvey District Court; Richard B. Waller, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Jaimi Lettau appeals the district court's order revoking her probation. This court granted Lettau's motion for summary disposition in lieu of briefs under Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). We affirm. Lettau pled no contest to thr... Calvin SMITH, Appellant, v. Sam CLINE, et al., Appellees. , Kan.App., November 6, 2009 Appeal from Reno District Court; Joseph L. McCarville III, Judge. Sam S. Kepfleld, of Hutchinson, for appellant. Jon D. Graves, of Kansas Department of Corrections, of Hutchinson, for appellee. Before MALONE, P.J., GREEN and MARQUARDT, JJ. MEMORANDUM OPINION PER CURIAM. Calvin Smith appeals the district court's decision summarily dismissing his K.S.A. 60-1501 petition based on res judicata. We affirm. On September 9, 2003, Smith pled guilty to one count of aggravated batter... STATE of Kansas, Appellee, v. Travis L. MITCHELL, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Clark V. Owens II, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Travis L. Mitchell appeals the district court's revocation of his probation and the order to serve his underlying sentence. He moved to proceed pursuant to Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). The State filed a response asking that h... TATE of Kansas, Appellee, v. Aaron R. PAYNE, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; William Sioux Woolley, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before HILL, P.J., CAPLINGER and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Aaron Payne received probation after convictions for burglary and theft. When he first violated his probation by failing to report as directed to his probation officer, the court gave him a second chance at probation but this time in a residential program... STATE of Kansas, Appellee, v. Nicholas S. HICKS, Appellant. , Kan.App., November 6, 2009 Appeal from Barton District Court; Hannelore Kitts, Judge. Submitted for summary disposition pursuant to K.S.A. 21-4721(g) and (h). Before STANDRIDGE, P.J., PIERRRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Nicholas S. Hicks appeals the district court's revocation of his probation. Our court granted Hicks' motion for summary disposition pursuant to Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). We affirm. Hicks was convicted after pleading no contest to one count... STATE of Kansas, Appellee, v. Reggie A. WATLEY, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; William Sioux Woolley, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Reggie A. Watley appeals the district court's order revoking his probation. This court granted Watley's motion for summary disposition in lieu of briefs under Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). Watley pled no contest to atte... STATE of Kansas, Appellee, v. Matthew A. JOLES, Appellant. , Kan.App., November 6, 2009 Appeal from Miami District Court; Amy L. Harth, Judge. Submitted for summary disposition pursuant to K.S.A. 21-4721(g) and (h). Before RULON, C.J., GREENE and McANANY, JJ. MEMORANDUM OPINION GREENE, J. Matthew A. Joles appeals the revocation of his probation and his criminal history score. He moved to proceed pursuant to Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). We granted Joles' motion for summary disposition, and we now affirm in part and dismiss in part. After... STATE of Kansas, Appellee, v. Robert G. TERRELL, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Eric R. Yost, Judge. Robert G. Terrell, appellant pro se. Julie A. Koon, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee. Before STANDRIDGE, P.J., PIERRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Appearing pro se, Robert G. Terrell appeals the decision of the district court denying his motion to vacate his sentence and to dismiss the charges against him. Facts In Ju... Gary McCOLPIN, Appellant, v. STATE of Kansas, Appellee. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Anthony J. Powell, Judge. Michael P. Whalen, of Law Office of Michael P. Whalen, for appellant. Julie A. Koon, assistant district attorney, and Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Gary McColpin appeals the summary denial of his K.S.A. 60-1507 motion. We affirm. In a 1976 case, McColpin pled no contest to va... STATE of Kansas, Appellee, v. Carlton Q. EVANS, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Anthony J. Powell, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Carlton Q. Evans appeals the district court's revocation of his probation. He moved for summary disposition in lieu of briefs pursuant to Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). The State filed a response asking Evans' sentence be affir... STATE of Kansas, Appellee, v. Jeffrey BERRY, Appellant. , Kan.App., November 6, 2009 Appeal from Seward District Court; Tom R. Smith, Judge. Meryl Carver-Allmond, of Kansas Appellate Defender Office, for appellant. Don L. Scott, county attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., PIERRON and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Jeffrey Berry appeals the district court's denial of his motion to withdraw his no-contest plea to the crime of attempted criminal threat. Berry contends that his court-appointed attorneys provided in... Craig A. BAKER, Appellant, v. STATE of Kansas, Appellee. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Anothony J. Powell, Judge. Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, for appellant. Matt J. Maloney, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee. Before STANDRIDGE, P.J., PIERRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Craig A. Baker appeals the district court's summary denial of his pro se K.S.A. 60-1507 motion. We affirm. Baker was c... STATE of Kansas, Appellee, v. Juan M. MENDOZA, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Eric R. Yost, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21 4721(g) and (h). Before HILL, P.J., CAPLINGER and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Juan Manuel Mendoza received probation after convictions for two felonies: possession of marijuana with the intent to sell it and using a cell phone in the commission of a felony. Soon after Mendoza was given probation, he was deported. But he illegally reentered ... Michael D. VAN DEELEN, Appellant, v. CITY OF KANSAS CITY, Missouri, et al., Appellee. , Kan.App., November 6, 2009 Appeal from Douglas District Court; Jack L. Lively, Judge. Michael D. Van Deelen, appellant pro se. Lana K. Torczon, assistant city attorney, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Michael Van Deelen, proceeding pro se, appeals the decision of the district court to grant a motion to amend answer, to deny his motion to amend petition to include a claim for punitive damages, and to grant summary judgment in favor of the City o... STATE of Kansas, Appellee, v. Charles D. KEARNEY, Appellant. , Kan.App., November 6, 2009 Appeal from Wyandotte District Court; J. Dexter Burdette, Judge. Shawn E. Minihan, of Kansas Appellate Defender Office, for appellant. Sheryl L. Lidtke, deputy district attorney, Jerome A. Gorman, district attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., PIERRON and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Charles Kearney appeals the district court's denial of his motion to withdraw his no-contest plea to the crime of aggravated indecent liberties w... STATE of Kansas, Appellee, v. Justin L. PRUITT, Appellant. , Kan.App., November 6, 2009 Appeal from Lyon District Court; W. Lee F. Fowler, Judge. Christina M. Waugh, of Kansas Appellate Defender Office, for appellant. Amy L. Aranda, assistant county attorney, Marc Goodman, county attorney, and Steve Six, attorney general, for appellee. Before RULON, C.J., GREENE and McANANY, JJ. MEMORANDUM OPINION RULON, C.J. Defendant Justin L. Pruitt was convicted of aggravated burglary following his no contest plea. On appeal the defendant contends the district court erred in ... STATE of Kansas, Appellee, v. Terry Lee CUSTER, Appellant. , Kan.App., November 6, 2009 Appeal from Atchison District Court; Martin J. Asher, Judge. Heather Cessna, of Kansas Appellate Defender Office, for appellant. Gerald R. Kuckelman, district attorney and Steve Six, attorney general, for appellee. Before STANDRIDGE, P.J., PIERRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Terry Lee Custer appeals his fourth or subsequent conviction for driving under the influence of alcohol or drugs (DUI) in violation of K.S.A. 8-1567. Custer contends the trial court erred... STATE of Kansas, Appellee, v. Clemente GARCIA, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; David J. Kaufman, Judge. Carl F.A. Maughan and Catherine A. Zigtema, of Maughan & Maughan, LC, of Wichita, for appellant. Julie A. Koon, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee. Before STANDRIDGE, P.J., PIERRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Clemente Garcia was convicted of aiding a felon in violation of K . S.A. 21-3812(a), and theft in violation of... STATE of Kansas, Appellee, v. Jack D. BOSTER, Appellant. , Kan.App., November 6, 2009 Appeal from Saline District Court; Patrick H. Thompson, Judge. Christina M. Waugh, of Kansas Appellate Defender Office, for appellant. Amy Hanley, assistant county attorney, Ellen H. Mitchell, county attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Jack D. Boster pled guilty to felony driving under the influence, sale of methamphetamine, and obstruction of official duty under plea agreement... STATE of Kansas, Appellee, v. Bennie L. PLUNKETT, Jr., Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Rebecca L. Pilshaw, Judge. Matthew M. Dwyer and Carl F.A. Maughan, of Maughan & Maughan LC, of Wichita, for appellant. Matt J. Maloney, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee. Before STANDRIDGE, P.J., PIERRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Bennie L. Plunkett, Jr., appeals the district court's decision to deny his motion to modify sentence, arguing t... Mary M. LEWIS, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. , Kan.App., November 6, 2009 Appeal from Ellis District Court; Thomas L. Toepfer, Judge. Michael S. Holland, II, of Holland and Holland, of Russell, for appellant. James G. Keller, of Kansas Department of Revenue, for appellee. Before MALONE, P.J., GREEN and MARQUARDT, JJ. MEMORANDUM OPINION PER CURIAM. Mary M. Lewis appeals the administrative suspension of her driving privileges. We affirm. In responding to a domestic disturbance call in September 2006, Officer Tim Greenwood found a vehicle parked lef... STATE of Kansas, Appellee, v. Stephen Joseph ROSSETTO, Appellant. , Kan.App., November 6, 2009 Appeal from Shawnee District Court; Fred S. Jackson, Judge. Jo Ann Van Meter, of Topeka, for appellant. Chadwick J. Taylor, district attorney, Amy Taylor, assistant district attorney, and Steve Six, attorney general, for appellee. Before RULON, C.J., HILL, J., and KNUDSON, S.J. MEMORANDUM DECISION PER CURIAM. Defendant Stephen Joseph Rossetto appeals his conviction for domestic battery. He challenges the sufficiency of the evidence to support the conviction. We affirm. Unde... Mark Weldon KARGUS, Appellee, v. STATE of Kansas, Appellant. , Kan.App., November 6, 2009 Appeal from Johnson District Court; Stephen R. Tatum Judge. Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Steve Six, attorney general, for appellant. Megan L. Harrington, of Shawnee, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. The State of Kansas appeals the district court's decision in this K.S.A. 60-1507 action that Mark Weldon Kargus received ineffective assistance of appellate counse... STATE of Kansas, Appellee, v. Christopher MAYBERRY, Appellant. , Kan.App., November 6, 2009 Appeal from Reno District Court; Joseph L. McCarville, III, Judge. Ryan Eddinger, of Kansas Appellate Defender Office, for appellant. Thomas R. Stanton, deputy district attorney, Keith E. Schroeder, district attorney, and Steve Six, attorney general, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION CAPLINGER, J. In this consolidated appeal of case Nos. 07-CR-800 and 07-CR-267, Christopher Mayberry argues the district court erred in denying his ... STATE of Kansas, Appellee, v. Maurice SCOTT, Appellant. , Kan.App., November 6, 2009 Appeal from Geary District Court; Maritza Segarra, Judge. Rachel L. Pickering, of Kansas Appellate Defender Office, for appellant. Tony Cruz, assistant county attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Maurice Scott appeals the district court's order revoking his probation and ordering him to serve his original sentence. We affirm. In October 2006, Scott pled no contest to possessi... STATE of Kansas, Appellee, v. Michael T. HAUGH, Appellant. , Kan.App., November 6, 2009 Appeal from Sedgwick District Court; Benjamin L. Burgess, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before HILL, P.J., CAPLINGER and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Michael Haugh received probation after convictions for burglary, aggravated burglary, and theft. When he first violated his probation, the district court gave him a second chance but required that he go to a residential-probation center. But Haugh again vio... STATE of Kansas, Appellee, v. Ramona MORGAN, Appellant. , Kan.App., November 6, 2009 Appeal from Osage District Court; Phillip M. Fromme, Judge. William K. Rork, Wendie C. Bryan, and Kenneth B. Miller, of Rork Law Office, of Topeka, for appellant. Brandon L. Jones, county attorney, and Steve Six, attorney general, for appellee. Before RULON, C.J., GREENE, J., and LARSON, S.J. MEMORANDUM OPINION RULON, C.J. Defendant Ramona Morgan appeals her conviction and sentence for fleeing or attempting to elude a police officer, contending the district court erred in deny... STATE of Kansas, Appellee, v. Christopher LANE, Appellant. , Kan.App., November 6, 2009 Appeal from Finney District Court; Robert J. Frederick, Judge. Shawn E. Minihan, of Kansas Appellate Defender Office, for appellant. Lara Blake Bors, assistant county attorney, John P. Wheeler, Jr., county attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.L., GREEN and MARQUARDT, JJ. MEMORANDUM OPINION PER CURIAM. Christopher Lane's direct criminal appeal consists of three consolidated cases: 06 CR 155, 08 CR 38, and 08 CR 107. However, Lane does not ra... STATE of Kansas, Appellee, v. Hector QUIRALTE-PEREZ, Appellant. , Kan.App., November 6, 2009 Appeal from Reno District Court; Richard J. Rome, Judge. Christina M. Waugh, of Kansas Appellate Defender Office, for appellant. Thomas R. Stanton, district attorney, and Steve Six, attorney general, for appellee. Before RULON, C.J., GREENE and McANANY, JJ. MEMORANDUM OPINION RULON, C.J. On appeal, the defendant argues the State failed to prove he was in violation of the terms of his probation, because the defendant denied he used cocaine and the State presented no evidence co... STATE of Kansas, Appellee, v. Michael VANDERPOOL, Appellant. , Kan.App., November 6, 2009 Appeal from Wyandotte District Court; Thomas L. Boeding, Judge. Ryan Eddinger, of Kansas Appellate Defender Office, for appellant. Sheryl L. Lidtke, deputy district attorney, Jerome A. Gorman, district attorney, and Steve Six, attorney general, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. Michael Vanderpool was convicted by a jury of four counts of rape and eight counts of aggravated criminal sodomy. He appeals those convictions... STATE of Kansas, Appellee, v. Elizabeth FULTON, Appellant. , Kan.App., November 6, 2009 Appeal from Jackson District Court; Micheal A. Ireland, Judge. Rick Kittel, of Kansas Appellate Defender Office, for appellant. Douglas W. Fisher, deputy county attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., PIERRON and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Elizabeth Fulton was arrested for possession of drug paraphernalia and possession of methamphetamine after an officer spotted a medical hemostat with burnt edges near the dashboard of a lega... STATE of Kansas, Appellee, v. Rodney L. KIRK, Appellant. , Kan.App., November 6, 2009 Appeal from Jackson District Court; Micheal A. Ireland, Judge. Jennifer Conkling Bazin, of Law Office of Carol Ruth Bonebrake, PA, of Topeka, for appellant. Douglas W. Fisher, deputy county attorney, and Steve Six, attorney general, for appellee. Before STANDRIDGE, P.J., PIERRON and BUSER, JJ. MEMORANDUM OPINION PER CURIAM. Rodney L. Kirk appeals his jury convictions of one count of possession of anhydrous ammonia in an unauthorized container and three counts of aggravated end... STATE of Kansas, Appellee, v. Jeffrey ROGERS, Appellant. , Kan.App., November 6, 2009 Appeal from Reno District Court; Richard J. Rome, Judge. Sam S. Kepfield, of Hutchinson, for appellant. Thomas R. Stanton, deputy district attorney, Keith E. Schroeder, district attorney, and Steve Six, attorney general, for appellee. Before MALONE, P.J., PIERRON and LEBEN, JJ. MEMORANDUM OPINION LEBEN, J. Jeffrey Rogers concedes that police officers lawfully stopped his car after Rogers failed to signal a turn. But he claims that the police unlawfully extended that traffic st... STATE of Kansas, Appellee v. Michael Lorenzo KNIGHT, Jr., Appellant. , Kan., November 6, 2009 Syllabus by the Court 1. An appellate court reviews the trial court's decision on a motion to suppress evidence using a bifurcated standard. Without reweighing the evidence, the trial court's findings are reviewed to determine whether they are supported by substantial competent evidence. Then the ultimate legal conclusion regarding the suppression of evidence is reviewed using a de novo standard. 2. When the material facts to a trial court's decision on a motion to suppress evidence are not i... STATE of Kansas, Appellee, v. Jason BALLARD, Appellant. , Kan., November 6, 2009 Syllabus by the Court 1. Jurisdiction is a question of law over which we have unlimited review. 2. Interpretation of statutes is a question of law over which this court has unlimited review. 3. A departure sentence is a sentence that is inconsistent with the presumptive sentence for an offender. K.S.A. 21-4703(f). 4. Under the facts of this case, appellate court jurisdiction existed for reviewing defendant's sentence because it was a departure sentence and not presumptive. 5. Known a... STATE of Kansas, Appellee, v. Ronnie MORLOCK, Appellant. , Kan., November 6, 2009 Syllabus by the Court 1. When reviewing a motion to suppress evidence, an appellate court reviews the factual underpinnings of a district court's decision for substantial competent evidence and the ultimate legal conclusion drawn from those facts de novo. The ultimate determination of the suppression of evidence is a legal question requiring independent appellate review. The State bears the burden to demonstrate that a challenged search or seizure is lawful. 2. A traffic violation provides an... The STATE of Kansas, Appellee v. Ruben Mario RIVERA, Appellant. , Kan.App., November 6, 2009 Syllabus by the Court 1. The general rule is that a threat otherwise coming within the purview of a statute need not, unless the statute expressly so requires, be in any particular form or in any particular words, and it may be made by innuendo or suggestion and need not be made directly to the intended victim. 2. Under the facts of this case, the statement: "You have a bomb in the plant. Get everyone out," was a threat for the purposes of K.S.A. 21-3419a. 3. In determining whether a crimi... FIRST NATIONAL BANK AND TRUST CO. IN LARNED, Appellant, v. Russell L. WETZEL; Laverne H. Wetzel; Virginia Goldsberry; Elizabeth Mobley; Paul Wetzel; Leroy Wetzel; Steve Wetzel; Board of County Commissioners of Edwards County, Kansas; Southern Plain, Kan.App., November 6, 2009 Syllabus by the Court 1. Standing is a jurisdictional question whereby courts determine whether the plaintiff has alleged such a personal stake in the outcome of a controversy as to warrant invocation of jurisdiction and to justify exercise of the court's remedial powers on his or her behalf. Whether jurisdiction exists is a question of law over which an appellate court's scope of review is unlimited. 2. A purchaser at a sheriff's sale has standing to raise issues in court concerning the subj... In the Matter of James M. HOLMBERG, Respondent. , Kan., November 5, 2009 ORDER OF DISBARMENT In a letter signed on October 26, 2009, addressed to the Clerk of the Appellate Courts, respondent James M. Holmberg of Kansas City, Kansas, an attorney admitted to the practice of law in the state of Kansas, voluntarily surrendered his license to practice law in Kansas, pursuant to Supreme Court Rule 217 (2009 Kan. Ct. R. Annot. 353). At the time the respondent surrendered his license, a panel hearing was pending on three separate complaints in accordance with Supreme ... STATE of Kansas, Appellant, v. Shawn M. JOHNSON, Appellee. , Kan., October 30, 2009 Holdings: After granting defendant's petition for review, the Supreme Court, Johnson, J., held that: (1) district court was not required to order involuntary commitment proceedings for defendant after determining that he was incompetent to stand trial, and (2) reasonable grounds did not exist to require rehearing on defendant's competency to stand trial. Court of Appeals reversed; district court affirmed. Syllabus by the Court 1. The connecting word "or" ordinarily means that the con... STATE of Kansas, Appellee, v. Verl J. BAKER, Appellant. , Kan.App., October 30, 2009 Appeal from Seward District Court; Kim R. Schroeder, Judge. Rachel L. Pickering, of Kansas Appellate Defender Office, for appellant. Don L. Scott, county attorney, and Steve Six, attorney general, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. Verl Baker appeals his convictions of rape, aggravated criminal sodomy, criminal threat, criminal restraint, and domestic battery. He also appeals the sentences imposed for those convictions... STATE of Kansas, Appellee, v. Bryan DOBBELS, Appellant. , Kan.App., October 30, 2009 Appeal from Johnson District Court; John Anderson, III, Judge. Jessica J. Travis, of The Travis Law Firm, LLC, of Olathe, and Kristi C. Hartman, of Putnam & Hartmann, LLC, of Kansas City, Missouri, for appellant. Steven J. Obermeier, assistant district attorney, Stephen M. Howe, district attorney, and Steve Six, attorney general, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. Bryan Dobbels appeals his convictions and sentences for... STATE of Kansas, Appellee, v. Curtis W. MOORE, Appellant. , Kan.App., October 30, 2009 Appeal from Anderson District Court; Eric Godderz, Judge. Rachel Pickering, of Kansas Appellate Defender Office, for appellant. Kristafer Ailslieger, assistant solicitor general, for appellee. Before RULON, C.J., ELLIOTT and HILL, JJ. MEMORANDUM DECISION PER CURIAM. Introduction Convicted of several felonies arising from his sexual assault of a woman in 2007, Curtis W. Moore asks us to reverse those convictions mainly because of closing statement misconduct by the prosecutor, ... STATE of Kansas, Appellee, v. Jerime R. HUTCHISON, Appellant. , Kan.App., October 30, 2009 Appeal from Crawford District Court; John C. Gariglietti, Judge. Carl Folsom, III, of Kansas Appellate Defender Office, for the appellant. Brian Duncan, assistant district attorney, Michael Gayoso, Jr., county attorney, and Steve Six, attorney general, for the appellee. Before MALONE, P.J., PIERRON and LEBEN, JJ. MEMORANDUM OPINION PER CURIAM. Jerime R. Hutchison appeals his conviction and sentence after a jury found him guilty of aggravated battery. He claims his conviction s... In the Interest of B.V., Jr., Minor Child Under the Age of Eighteen. , Kan.App., October 30, 2009 Appeal from Ellis District Court; Edward E. Bouker, Judge. Willis K. Musick, of Hays, for appellant father. Gregory A. Schwartz, of Glassman, Bird, Braun & Schwartz, L.L.P., of Hays, for appellee mother. Charlene Brubaker, assistant county attorney, for appellee State of Kansas. Before RULON, C.J., GREENE and HILL, JJ. MEMORANDUM OPINION PER CURIAM. B.V., Sr., father, appeals from the judgment of the district court terminating father's parental rights to B.V., Jr., a minor ... In the Interest of E.S.S., Minor Child under the Age of Eighteen. , Kan.App., October 30, 2009 Appeal from Johnson District Court; Kathleen L. Sloan, Judge. Richard W. Martin, Jr., of Olathe, for appellant father. J. Eugene Balloun, and Zach Chaffee-McClure, of Shook, Hardy & Bacon, L.L.P., of Kansas City, Missouri, and David P. Woodberry, of Prairie Village, for appellant mother. Steven J. Obermeier, assistant district attorney, and Steven M. Howe, district attorney, for appellee. Karen Snyder, of Leawood, guardian ad litem. Before RULON, C.J., GREENE and HILL, JJ. MEMO... STATE of Kansas, Appellant, v. Heather ENGLISH, Appellee. , Kan.App., October 30, 2009 Appeal from Finney District Court; Michael L. Quint, Judge. Brian Sherwood, assistant county attorney, John P. Wheeler, Jr., county attorney, and Steve Six, attorney general, for the appellant. J. Scott Koksal, of Lindner & Marquez, of Garden City, for the appellee. Before MALONE, P.J., PIERRON and LEBEN, JJ. MEMORANDUM OPINION PER CURIAM. The State of Kansas appeals the district court's suppression of evidence involving the stop of a vehicle driven by Heather English and her ... STATE of Kansas, Appellant, v. Amber MOORE, Appellee. , Kan.App., October 30, 2009 Appeal from Reno District Court; Timothy J. Chambers, Judge. Thomas R. Stanton, deputy district attorney, Keith E. Schroeder, district attorney, and Steve Six, attorney general, for appellant. Shawn P. Lautz, of Hutchinson, for appellee. Before RULON, C.J., ELLIOTT and HILL, JJ. MEMORANDUM OPINION PER CURIAM. The State appeals the granting of Amber Moore's motion to suppress. We reverse and remand. Moore's arrest followed an investigation into methamphetamine distribution i... STATE of Kansas, Appellee, v. Gary L. MOBLEY, Appellant. , Kan.App., October 30, 2009 Appeal from Sedgwick District Court; Joseph Bribiesca, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Gary L. Mobley appeals the district court's revocation of his probation. He moved for summary disposition pursuant to Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). We granted Mobley's motion for summary disposition and we now affirm the distri... STATE of Kansas, Appellee, v. Misty D. JARRED, Appellant. , Kan.App., October 30, 2009 Appeal from Sedgwick District Court; Clark V. Owens II, Judge. Submitted by the parties for summary disposition pursuant to K.S.A. 21- 4721(g) and (h). Before MALONE, P.J., GREEN, J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Misty D. Jarred appeals the district court's revocation of her probation. She moved for summary disposition of her appeal pursuant to Supreme Court Rule 7.041a (2008 Kan. Ct. R. Annot. 56). We granted Jarred's motion for summary disposition and we now ... STATE of Kansas, Appellee, v. Ramon RODRIGUEZ, Appellant. , Kan.App., October 30, 2009 Appeal from Johnson District Court; Peter V. Ruddick, Judge. Ramon Rodriguez, appellant pro se, and Michael J. Bartee, of Michael J. Bartee, P.A., of Olathe, for appellant. Steven J. Obermeier, assistant district attorney, Stephen M. Howe, district attorney, and Steve Six, attorney general, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Ramon Rodriguez appeals the decision of the district court to summarily deny, without an evidenti... Roger ZIMMERMAN, et al., Appellants/Cross-appellees, and A.B. HUDSON and Larry French, Intervenors/Appellants/Cross-appellees. v. Board of County Commissioners of Wabaunsee County, Kansas Appellees/Cross- appellants. , Kan., October 30, 2009 Syllabus by the Court 1. Interpretation of a statute is a question of law, and an appellate court's review is unlimited. Accordingly when determining a question of law, the appellate court is not bound by the trial court's interpretation of a statute. 2. When construing a statute, a court should give words in common usage their natural and ordinary meaning. 3. The fundamental rule to which all other rules are subordinate is that the intent of the legislature governs if that intent can be a... Katherine Paige CANADAY, Personal Representative and Administratrix for the Estate of Robert Canaday, Appellant, v. MIDWAY DENTON U.S.D. NO. 433, Appellee. , Kan.App., October 30, 2009 Holdings: The Court of Appeals, Greene, J., held that: (1) belated amendment of student's witness list did not warrant sanction of striking witnesses, and (2) genuine issue of material fact as to whether school district had notice of teacher's propensities, and thus whether teacher's alleged sexual abuse of student was foreseeable, precluded summary judgment. Reversed and remanded. Syllabus by the Court 1. Generally, the admission of witness testimony and exhibits not previously discl... SHAMBERG, JOHNSON & BERGMAN, CHTD., Plaintiff, v. Michael P. OLIVER, Appellant, and Wallace, Saunders, Austin, Brown & Enochs, Chtd., Appellee. , Kan., October 30, 2009 Syllabus by the Court 1. An attorney's violation of the Kansas Rules of Professional Conduct does not, by itself, give rise to a cause of action against the attorney, create any presumption that a legal duty has been breached by the attorney, or necessarily warrant any other nondisciplinary remedy, such as disqualification of the attorney in pending litigation. 2. A division of a single, percentage-based contingent attorney fee between or among attorneys who are not in the same firm may inclu... STATE of Kansas, Appellee, v. Christopher J. BRITTINGHAM, Appellant. , Kan.App., October 30, 2009 Syllabus by the Court 1. The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights generally prohibit the warrantless entry of a person's home by a governmental agent. 2. If the government coerces, dominates, or directs the actions of a private person, a resultant search and seizure may implicate the guarantees of the Fourth Amendment. 3. Whether the Fourth Amendment applies to a private person is determined after considering all the facts an... STATE of Kansas, Appellee, v. Rodney Maurice HENDRIX, Appellant. , Kan., October 23, 2009 Holding: The Supreme Court, Nuss, J., held that a jury instruction on self defense is not warranted unless the defendant has used actual physical force; overruling State v. Kincade, 2006 WL 2265090. Affirmed. Davis, C.J., dissented and filed opinion in which Luckert, J., joined. Syllabus by the Court 1. A defendant is entitled to instructions on the law applicable to his or her theory of defense if there is evidence to support the theory. However, there must be evidence which, viewed in... Edith DIA, Appellee, v. Marvin OAKLEY Jr., Appellant. , Kan.App., October 23, 2009 Holdings: The Court of Appeals, Leben, J., held that: (1) father lost to make in-state challenge to German court's personal jurisdiction by failing to attend hearing to contest registration, and (2) Germany was a "state" pursuant to UIFSA, and thus order could be registered and enforced in Kansas. Affirmed. Syllabus by the Court 1. The Uniform Interstate Family Support Act, known as UIFSA, which was adopted in Kansas in 1994 by K.S.A. 23-9,101 et seq., allows support orders entered i... STATE of Kansas, Appellee, v. Steven Francis LOGAN, Appellant. , Kan.App., October 23, 2009 Appeal from Johnson District Court; James Franklin Davis, Judge. Reid T. Nelson, of Capital and Conflicts Appeals Office, for appellant. Steven J. Obermeier, assistant district attorney, Sara Pfeiffer, legal intern, Stephen M. Howe, district attorney, and Steve Six, attorney general, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Steven Francis Logan appeals his jury conviction for driving under the influence (DUI), fourth offense, ... In the Matter of the ADOPTION OF BABY BOY M. , Kan.App., October 23, 2009 Appeal from Shawnee District Court; Jean M. Schmidt, Judge. Martin W. Bauer and Teresa L. Mah, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, for appellant. Shaye L. Downing, of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., of Topeka, for appellee father. Michael J. Belfonte, of Michael J. Belfonte, P.C., of Kansas City, Missouri, for appellee mother. Before GREENE, P.J., MALONE and HILL, JJ. MEMORANDUM OPINION PER CURIAM. Potential adoptive and ... Benny R. SMITH, Appellant, v. Louise BRUCE, et al., Appellees. , Kan.App., October 23, 2009 Appeal from Reno District Court; Timothy J. Chambers, Judge. Benny R. Smith, appellant pro se. Jon D. Graves, of Kansas Department of Corrections, of Hutchinson, for appellees. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Benny Smith appeals from the trial court's summary dismissal of his K.S.A. 60-1501 petition. For reasons different from those of the trial court, we determine that summary dismissal of Smith's K.S.A. 60-1501 petition was prop... Benny R. SMITH, Appellant, v. David McKUNE, et al., Appellant. , Kan.App., October 23, 2009 Appeal from Leavenworth District Court; Gunnar A. Sundby, Judge. Benny R. Smith, appellant pro se. Matthew J. Donnelly, legal counsel, of Lansing Correctional Facility, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Benny Smith appeals from the trial court's summary dismissal of his K.S.A. 60-1501 petition. Because Smith has failed to show that he exhausted his administrative remedies on all of his claims and to meet the 30-day tim... In the Interest of A.M.W., Minor Child Under the Age of Eighteen. , Kan.App., October 23, 2009 Appeal from Butler District Court; Charles M. Hart, Judge. Thomas C. McDowell, of McDowell, Chtd., of Wichita, for appellant mother. James W. Woodward, of Amarillo, Texas, appellant father pro se. Darrin C. Devinney, assistant county attorney, and Jan Satterfield, county attorney, for appellee. Before RULON, C.J., GREENE and HILL, JJ. MEMORANDUM OPINION PER CURIAM. J.W.W. (Father) and D.B. (Mother) appeal the district court's termination of their parental rights as to A.W. ... In the Matter of D.D.M. , Kan.App., October 23, 2009 Appeal from Leavenworth District Court; Michael D. Gibbens, Judge. Cheryl A. Marquardt, assistant county attorney, and Steve Six, attorney general, for appellant. Benjamin N. Casad, of Kansas City, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. The State filed an interlocutory appeal from the district court's denial of the State's motion to prosecute D.D.M. as an adult. We reverse and remand with directions. In November 2008, R... In the Interest of K.S., Minor Child Under the Age of Eighteen. , Kan.App., October 23, 2009 Appeal from Sedgwick District Court; James L. Burgess, judge. Jean Ann Uvodich, of Olathe, for appellant father. Leah Gagne., of Wichita, for appellee maternal grandmother. Before RULON, C.J., GREENE and HILL, JJ. MEMORANDUM OPINION PER CURIAM. The father appeals the decision of the district court granting permanent custodianship of the above mentioned minor child. After a thorough review of the record, we conclude the district court's findings and conclusions should be affirm... John ADCOCK, Appellee, v. STATE of Kansas, Appellant. , Kan.App., October 23, 2009 Appeal from Ellsworth District Court; Ron Svaty, Judge. Robert E. Wasinger, of Department of Corrections, of Ellsworth, for appellant. Paula D. Hofaker, of Law Office of Paula D. Hofaker, P.A., of Logan, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. The Department of Corrections (KDOC) appeals the Ellsworth County district court's grant of John Adcock's K.S.A. 60-1501 petition for credit for time served while on parole in two Sumne... STATE of Kansas, Appellee, v. Todd Lenn SUTTON, Appellant. , Kan.App., October 23, 2009 Appeal from Labette District Court; Robert J. Fleming, Judge. Heather Cessna, of Kansas Appellate Defender Office, for appellant. Kristafer R. Ailslieger, assistant solicitor general, and Steve Six, attorney general, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Todd Sutton appeals from his 64-month prison sentence for one count of possession of pseudoephedrine for the purpose of manufacturing methamphetamine in violation of K.S.A.... Elmar HIRSCH, Appellee, v. TRANSAM TRUCKING, INC., Appellant. , Kan.App., October 23, 2009 Appeal from Workers Compensation Board. Fred Bellemere, III, Monika D. Jenkins, and Paul G. Schepers, of Seigfireid, Bingham, Levy, Selzer & Gee, of Kansas City, Missouri, for appellant. Mark E. Kolich, of Lenexa, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. TransAm Trucking, Inc., (TransAm) appeals the order of the Appeals Board for the Kansas Division of Workers Compensation (Board), which awarded Elmar Hirsch compensation for... STATE of Kansas, Appellee, v. Jeremy Chad STEELE, Appellant. , Kan.App., October 23, 2009 Appeal from Ellis District Court; Thomas L. Toepfer, Judge. Michael S. Holland II, of Holland and Holland, of Russell, for appellant. Glenn R. Braun, special prosecutor, of Hays, and Steve Six, attorney general, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Jeremy Steele appeals from his convictions after a no contest plea of driving under the influence of alcohol, second offense; obstruction of official duty; disorderly conduct; a... STATE of Kansas, Appellee, v. Rachel RUTH, Appellant. , Kan.App., October 23, 2009 Appeal from Lyon District Court; Jeffry J. Larson, Judge. Sharon Barnett, of Kansas Legal Services, of Emporia, for appellant. Nicholas J. Heiman, assistant county attorney, Marc Goodman, county attorney, and Steve Six, attorney general, for appellee. Before GREENE, P.J., GREEN and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. Rachel Ruth appeals her conviction for driving under the influence of alcohol (DUI). Finding no reversible error, we affirm. On January 4, 2008, Rac... STATE of Kansas, Appellee, v. Eric MANCILLAS, Appellant. , Kan.App., October 23, 2009 Appeal from Geary District Court; Maritza Segarra, Judge. Heather Cessna, of Kansas Appellate Defender Office, for appellant. Tony Cruz, assistant county attorney, and Steve Six, attorney general, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. Eric Mancillas appeals the district court's denial of his motion to file a direct appeal out of time under State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982). We affirm. On January 15, 20... STATE of Kansas, Appellee, v. Donald SOUTHERN, Appellant. , Kan.App., October 23, 2009 Appeal from Sedgwick District Court; Douglas R. Roth, Judge. Korey A. Kaul, of Kansas Appellate Defender Office, for appellant. Matt J. Maloney, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. Donald Southern appeals the district court's order revoking his probation. We affirm. In August 2006, in case No. 06-CR-160, Southern p... STATE of Kansas, Appellant, v. Haldor HARMS, Appellee. , Kan.App., October 23, 2009 Appeal from Johnson District Court; James Franklin Davis, Judge. Steven J. Obermeier, assistant district attorney, Stephen M. Howe, district attorney, and Steve Six, attorney general, for appellant. Scott C. Gyllenborg, of Gyllenborg & Dunn, P.A., of Olathe, for appellee. Before BUSER, P.J., MARQUARDT and CAPLINGER, JJ. MEMORANDUM OPINION PER CURIAM. The State appeals the district court's order dismissing criminal charges against Haldor Frederick Harms based upon the State's f... STATE of Kansas, Appellant, v. Missael SOLIS-MUNOZ, Appellee. , Kan.App., October 23, 2009 Appeal from Shawnee District Court; Jan W. Leuenberger, Judge. Jamie L. Karasek, assistant district attorney, Robert D. Hecht, district attorney, and Steve Six, attorney general, for the appellant. Richard E. Jones, of Topeka, for the appellee. Before MARQUARDT, P.J., PIERRON and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. The State of Kansas filed an interlocutory appeal from the district court's order suppressing a portion of Missael Solis-Munoz' statements to police made... STATE of Kansas, Appellant/Cross-appellee, v. Thomas Lynn HALL, Appellee/Cross-appellant. , Kan.App., October 23, 2009 Appeal from Shawnee District Court; Nancy E. Parrish, Judge. Jamie L. Karasek, assistant district attorney, Robert D. Hecht, district attorney, and Steve Six, attorney general, for appellant/cross-appellee. Christopher M. Joseph, of Joseph & Hollander, P.A., of Topeka, for appellee/cross-appellant. Before HILL, P.J., LARSON, S.J., and BRAZIL, S.J. MEMORANDUM OPINION PER CURIAM. Thomas Lynn Hall appeals his convictions for electronic solicitation and attempted aggravated crimin... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com