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   State Courts - Kansas - February 6 - February 16, 2007

  
In re Bengtson, Bar Docket No. 6160, SUPREME COURT OF KANSAS, February 6, 2007, Decided
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State v. Hoge, No. 94,774, SUPREME COURT OF KANSAS, February 9, 2007, Opinion Filed
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Overview: Defendant was convicted of first-degree murder and aggravated robbery. Defendant moved, pro se, to correct an allegedly illegal sentence. Relief was not available, pursuant to Kan. Stat. Ann. § 22-3504, because of the type of defects defendant alleged in his complaint. Motions, files, and record did not demonstrate grounds for relief.

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State v. Jones, No. 93,643, SUPREME COURT OF KANSAS, February 9, 2007, Opinion Filed
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Overview: Defendant was not subjected to a custodial interrogation while meeting with the officers in the conference room to prepare to testify in another suspect's prosecution for the murders, and therefore Miranda warnings were not required, because a reasonable person would have felt free to leave.

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Williamson v. Amrani, No. 95,154, SUPREME COURT OF KANSAS, February 9, 2007, Opinion Filed
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Overview: Because the Kansas Consumer Protection Act's (KCPA) language was broad enough to encompass a claim regarding the providing of medical care or treatment services brought by a patient against a physician for a violation under the KCPA, the district court erred by granting the surgeon summary judgment in the patient's action.

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Picard v. Sugar Valley Lakes Homes Ass'n, No. 96,225, COURT OF APPEALS OF KANSAS, February 16, 2007, Opinion Filed
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Overview: Where a homeowners association amended the bylaws as to the number of board members, but failed to file the amendment, a subsequent election was upheld because, inter alia, the members ratified the amendment and, regarding an argument under Kan. Stat. Ann. § 17-6505, the bylaws had always limited membership on the payment of association dues.

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State v. Anguiano, No. 95,716, COURT OF APPEALS OF KANSAS, February 16, 2007, Opinion Filed
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Overview: Where a deputy stopped defendant while walking because he "semifit" the description of a wanted man, suppression was warranted under the Fourth Amendment because the description was so generic as to defy reasonable suspicion of criminal activity and mere inconsistency between an origin and direction of travel did not provide reasonable suspicion.

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State v. Hawkins, No. 95,310, COURT OF APPEALS OF KANSAS, February 16, 2007, Opinion Filed
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Overview: Defendant's DUI conviction was upheld because he failed to preserve his arguments for appeal; remand was necessary regarding reimbursement of court-appointed attorney fees under Kan. Stat. Ann. § 22-4513, but the imposition of the $ 100 application fee was proper under Kan. Stat. Ann. § 22-4529 because defendant failed to object.

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