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| Ayalla v. Southridge Presbyterian Church, No. 96,118,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: Summary judgment in favor of the seller in the claimant's breach of contract action was affirmed because the statute of frauds barred the claimant's action, when the claimant conceded that she did not receive a signed contract from the seller.
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| In re Estate of Pritchard, No. 94,645,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: Where a widow sought benefits pursuant to Kan. Stat. Ann. §§ 59-403, 59-505, and 59-6a207 after an administrator sold the decedent's house, a judgment against the administrator and his attorney was improper because, inter alia, the administrator had no duty to inform the widow of her rights and jurisdiction did not exist against the attorney.
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| State v. Beck, No. 96,512,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: Evidence supported defendant's conviction for operating a vehicle with no proof of liability insurance, in violation of Kan. Stat. Ann. § 40-3104(d), where his insurance polices on other vehicles excluded coverage when he was driving vehicles he did not own, unless he had permission of "owner" to operate vehicle; he did not even know owner's name.
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| State v. Fewell, No. 95,041,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: Where a trooper stopped defendant's vehicle and smelled burnt marijuana, the trooper had probable cause to search defendant under the Fourth Amendment and Kan. Const. Bill Rights § 15 because the odor created the suspicion that marijuana use had been committed and defendant admitted that his passenger had smoked a blunt.
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| State v. Poulton, No. 95,353,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: Under Kan. Const. Bill Rights § 15, evidence seized from November 2003 search had to be suppressed as (1) officers did not have probable cause to believe that defendant resided in home; (2) homeowner's consent was not unequivocally, specifically, freely, and intelligently given; and (3) implied consent did not meet standard for voluntary consent.
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| State v. Prebble, No. 96,596,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: Just because defendant was under a detainer from a second county while he was in jail awaiting trial in a first county did not mean that he should have been denied jail credit under Kan. Stat. Ann. § 21-4614 when the charges in the first county were disposed of. He was held in jail in the first county solely due to the charges pending there.
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| Thompson v. Kan. Dep't of Revenue, No. 92,913,
COURT OF APPEALS OF KANSAS, March 2, 2007, Opinion Filed
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Overview: There was substantial compliance with Kan. Stat. Ann. § 8-1001(f) where a deputy read a driver an implied consent advisory and placed a written copy of the notice in his hand in the hospital; the driver was conscious, he did not tell the deputy that he was unable to read the form, and he did not ask for assistance.
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