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   State Courts - Kansas - January 6 - January 13, 2006

  
Garcia v. Tyson Fresh Meats, Inc., No. 94,179, COURT OF APPEALS OF KANSAS, January 6, 2006, Opinion Filed
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Overview: The Kansas Workers' Compensation Board's determination that the employee was entitled to an award to the extent of his functional impairment under Kan. Stat. Ann. § 44-5a01(a) was a rational interpretation of the Kansas Workers' Compensation Act even though he was still capable of earning wages comparable to his preinjury wages.

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State v. Haney, No. 93,924, COURT OF APPEALS OF KANSAS, January 6, 2006, Opinion Filed
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State v. Locke, No. 93,234, COURT OF APPEALS OF KANSAS, January 6, 2006, Opinion Filed
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Overview: The trial court applied the wrong standard in considering defendant's motion to withdraw his plea, and the judgment was reversed and remanded to the trial court because a determination that defendant did not show manifest injustice did not preclude a showing of good cause under Kan. Stat. Ann. § 22-3210(d).

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State v. Williams, No. 93,887/93,888, COURT OF APPEALS OF KANSAS, January 6, 2006, Opinion Filed
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Overview: Before a trial court revoked a defendant's probation whose crime and criminal history placed him in a presumptive non-prison block on the sentencing grid, it had to indicate on the record that it first considered placement in a correctional conservation camp or a community intermediate sanction center, as required in Kan. Stat. Ann. § 21-4603d(g).

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In re Marriage of Nelson, No. 94,443, COURT OF APPEALS OF KANSAS, January 13, 2006, Opinion Filed
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Overview: Where parents waived parental preference doctrine, district court did not err in granting motion for directed verdict filed by father's sister, who had custody of parents' children pursuant to agreed custody order. In addition, mother did not show material change in circumstances pursuant to Kan. Stat. Ann. § 60-1610(a)(2)(A) (2004 Supp.).

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Schwatken v. Explorer Res., Inc., No. 94,195, COURT OF APPEALS OF KANSAS, January 13, 2006, Opinion Filed
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Overview: Where assignee demonstrated that it complied with habendum clause by starting drilling during initial term of oil and gas lease and continuing with drilling and production activities in timely fashion thereafter, summary judgment against the lessors in their action to cancel the lease based on a conflicting lease provision they drafted was proper.

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State v. Marino, No. 93,645, COURT OF APPEALS OF KANSAS, January 13, 2006, Opinion Filed
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Overview: Defendant's conviction for conspiracy to commit aggravated battery was reversed because State conceded that no overt acts were alleged in complaint as required by Kan. Stat. Ann. § 22-3302(a) but aggravated battery conviction was affirmed as lesser included offense instruction on misdemeanor battery under Kan. Stat. Ann. § 21-3412 was unwarranted.

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Sumner v. Meier's Ready Mix, Inc., No. 93,546, COURT OF APPEALS OF KANSAS, January 13, 2006, Opinion Filed
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Overview: Claimant, the wife of a deceased truck driver, was entitled to workers compensation benefits pursuant to Kan. Stat. Ann. § 44-501(a) where the truck driver had been given permission to go home to attend to a personal emergency and died as a result of a one-vehicle accident while driving the company truck home.

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