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| Creekmore v. Southwestern Bell Tel., L.P., No. 96,221,
COURT OF APPEALS OF KANSAS, January 12, 2007, Opinion Filed
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Overview: In dispute arising from employer's termination of employee for alleged misconduct, matter was properly dismissed because matter involved interpretation of a collective bargaining agreement, which was an area wherein state law was preempted by 129 U.S.C.S. § 185(a), § 301 of the Labor Management Relations Act.
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| Newman Mem. Hosp. v. Walton Constr. Co., No. 94,473,
COURT OF APPEALS OF KANSAS, January 12, 2007, Opinion Filed
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Overview: A lower court erred in denying an architect summary judgment on its statute of limitations defenses to a breach of contract claim as the county's hospital's construction and leasing of a medical office building was a proprietary, not a governmental, function and thus, it had not retained governmental immunity under Kan. Stat. Ann. § 60-521.
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| State v. Merrills, No. 95,117,
COURT OF APPEALS OF KANSAS, January 12, 2007, Opinion Filed
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Overview: Defendant was convicted of aggravated robbery and attempted second-degree murder. In resentencing following remand, trial court did not err because it used juvenile adjudications in calculating criminal history score, and sentence was not vindictive because, although sentences were consecutive, sentences were less than original sentence.
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| State v. Ruiz-Reyes, No. 95,056,
COURT OF APPEALS OF KANSAS, January 12, 2007, Opinion Filed
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Overview: Defendant was convicted of possession of cocaine with intent to sell, pursuant to Kan. Stat. Ann. § 65-4161. Trial court erred in imposing sentence because trial court inappropriately used offense to enhance sentence, under Kan. Stat. Ann. § 65-4161(b), for which defendant had not yet been convicted at the time of the offense in this case.
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| Tull v. Atchison Leather Prods., No. 95,705,
COURT OF APPEALS OF KANSAS, January 12, 2007, Opinion Filed
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Overview: The Workers Compensation Board properly held that all insurance carriers who had provided coverage were jointly and severally liable for an employee's medical expenses and temporary disability benefits where it applied the general rule that disputes between carriers as to their respective liabilities were to be litigated in a separate proceeding.
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| Ives v. McGannon, No. 93,978,
COURT OF APPEALS OF KANSAS, January 19, 2007, Opinion Filed
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Overview: In a dispute between company's founders and its chief financial officer (CFO) about an arbitration award in favor of buyer of company, CFO's counterclaims for, inter alia, fraud, were barred by two-year statute of limitations of Kan. Stat. Ann. § 60-513(a)(3) when CFO had access to all financial records and a duty to investigate his prior concerns.
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| State v. Barnes, No. 95,939,
COURT OF APPEALS OF KANSAS, January 19, 2007, Opinion Filed
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Overview: There was no abuse of discretion in denial of second Kan. Stat. Ann. § 60-1507 motion, which challenged trial errors, rather than legality of defendant's sentence. Defendant could not raise these errors in second § 60-1507 motion because he did not raise them on direct appeal, and he asserted no exceptional circumstances excusing that failure.
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| State v. Ross, No. 94,503,
COURT OF APPEALS OF KANSAS, January 19, 2007, Opinion Filed
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Overview: Suppression was warranted under the Fourth Amendment and Kan. Const. Bill Rights § 15 because an officer lacked reasonable suspicion of a violation of Kan. Stat. Ann. § 8-1522(a) to justify a traffic stop since there was no reasonable suspicion that appellant moved a vehicle from its lane without first ascertaining that it could be done safely.
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| Yordy v. Osterman, No. 95,203,
COURT OF APPEALS OF KANSAS, January 19, 2007, Opinion Filed
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Overview: Where the parties could not agree on whether their son should attend public or religious school, the district court erred by concluding that there was a presumption in favor of public schooling. The district court was directed to determine which school was in the child's best interests under Kan. Stat. Ann. § 60-1610(a)(4)(A).
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| State v. Baldwin, No. 95,402,
COURT OF APPEALS OF KANSAS, January 26, 2007, Opinion Filed
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Overview: After hearing to revoke defendant's probation, district court did not extend his probation in a burglary case. Because his probation for the burglary case ended on May 3, 2004, State's motion to revoke filed more than 30 days after that date was untimely, Kan. Stat. Ann. § 22-3716(d), and district court had no jurisdiction to revoke his probation.
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