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   State Courts - Kansas - February 9 - February 15, 2006

  
In re Leader, Bar Docket No. 14253, SUPREME COURT OF KANSAS, February 9, 2006, Decided
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Carter v. Roberts, No. 94,531, No. 94,544, No. 94,545, COURT OF APPEALS OF KANSAS, February 10, 2006, Opinion Filed
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Overview: District court judgment granting three defendants parole eligibility in 15 years was reversed where their sentences under Habitual Criminal Act, Kan. Stat. Ann. § 21-4504, for their class B and C felonies had been minimum terms of 45 to 50 years and Kan. Stat. Ann. § 22-3717 did not specify such a parole eligibility date for class B and C felonies.

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Rodriguez-Tocker v. Estate of Tocker, No. 92,912, COURT OF APPEALS OF KANSAS, February 10, 2006, Opinion Filed
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Overview: Court lacked jurisdiction to hear appeal of trial court's grant of partial summary judgment for decedent's wife in her action seeking spousal election rights where motions panel of court had already exercised its discretion to permit appeal under Kan. Stat. Ann. § 60-2102(c) when it previously denied the estate's request for interlocutory appeal.

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State v. Ackward, No. 91,755, SUPREME COURT OF KANSAS, February 10, 2006, Opinion Filed
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Overview: Defendant's convictions for felony murder and attempted possession of marijuana with intent to sell or distribute were proper pursuant to Kan. Stat. Ann. § 21-3110(8) where the possession was a forcible felony. Thus, the trial court did not err in instructing the jury on the felony-murder charge.

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State v. Boyd, No. 91,980, SUPREME COURT OF KANSAS, February 10, 2006, Opinion Filed
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Overview: Defendant's convictions for first-degree felony murder and abuse of a child were proper pursuant to Kan. Stat. Ann. § 22-3434(c)(1) and (2) even though the trial court erred in ruling that the testimony of child victims via closed-circuit television could be used at trial against defendant because that error was harmless.

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State v. Edgar, No. 91,833, SUPREME COURT OF KANSAS, February 10, 2006, Opinion Filed
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Overview: Trial court did not err by denying defendant's motion to withdraw her guilty plea because it was not required to advise her that her plea resulted in waiver of right to appeal a specific pretrial ruling; factual basis for her plea did not need to be established by defendant admitting her guilt, and she was adequately informed of maximum sentence.

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State v. Edgar, No. 91,861, SUPREME COURT OF KANSAS, February 10, 2006, Opinion Filed
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Overview: Defendant's felony-murder conviction was supported by overwhelming evidence that defendant was aware that his son was completely bound with duct tape with a sock in his mouth and did nothing to protect him, which was strong evidence of cruel corporal punishment constituting the underlying felony of child abuse under Kan. Stat. Ann. § 21-3609.

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In re Girard, Bar Docket No. 13667, SUPREME COURT OF KANSAS, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: In disbarment matter, attorney surrendered her license to practice and her disbarment was ordered because hearing panel found that she lied to investigators about her mother's trust, in violation of Kan. R. Prof. Conduct 8.4(c), and hearing panel also found she engaged in other acts of dishonesty, fraud, deceit, and wrongful conversion.

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