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   State Courts - Kansas - February 2, 2007

  
State v. Greever, No. 95,303, COURT OF APPEALS OF KANSAS, February 2, 2007, Opinion Filed
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Overview: Defendant's Fourth Amendment rights were violated when he was seized because an officer did not have a reasonable articulable suspicion for such based on an alleged failure to signal under Kan. Stat. Ann. § 8-1548; defendant was not required to signal prior to forming an intent to do so.

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State v. Horton, No. 93,982, SUPREME COURT OF KANSAS, February 2, 2007, Opinion Filed
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Overview: In a murder case, an error in admitting evidence of an alleged incident of sexual molestation, Kan. Stat. Ann. § 60-455, was not harmless error; because there was no evidence to establish a similarity between what happened to the witness and what happened to the victim, the witness's testimony was not relevant to prove any disputed material facts.

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State v. Patton, No. 95,860, COURT OF APPEALS OF KANSAS, February 2, 2007, Opinion Filed
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Overview: Because defendant's plea agreement contained a provision waiving the right to appeal, his attorney did not have a duty to file a notice of appeal under Kan. Admin. Regs. 105-3-9; moreover, a district court was not allowed to ignore the written waiver and apply an exception to allow the untimely appeal.

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Winnebago Tribe of Neb. v. Kline, No. 94,781, SUPREME COURT OF KANSAS, February 2, 2007, Opinion Filed
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Overview: On certification of a question of law from the U.S. District Court for the District of Kansas, the court determined that Kan. Stat. Ann. § 79-3401 et seq. did not impose fuel tax collection or payment responsibility upon nonresident Indian tribes that imported fuel from outside Kansas and delivered the fuel to tribal gas stations within the state.

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