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   State Courts - Kansas - February 24 - March 3, 2006

  
Ihrig v. Frontier Equity Exch. Ass'n, No. 94,192, COURT OF APPEALS OF KANSAS, February 24, 2006, Opinion Filed
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Overview: Court erred in denying shareholders' demand for access to a corporation's books and records pursuant to Kan. Stat. Ann. § 17-6510(b)(1) because shareholders had established that article of corporate bylaws requiring "uniform treatment" of all patrons was violated by one or more incidents of discounting; possibility of mismanagement was established.

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Speer v. Sammons Trucking, No. 94,588, COURT OF APPEALS OF KANSAS, February 24, 2006, Opinion Filed
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Overview: Workers' compensation board properly denied a truck driver benefits as he failed to show that his principal place of employment was within Kansas, or to show that his contract of employment was made within Kansas; thus, he failed to establish his right to a workers compensation award under Kan. Stat. Ann. § 44-506.

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State v. Palma, No. 93,790, COURT OF APPEALS OF KANSAS, February 24, 2006, Opinion Filed
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Overview: Court erred in determining that defendant should have been released from custody pending sentencing because a warrant had not been issued or executed where lack of necessity of requiring State to serve him with a warrant was demonstrated by the fact that he was already in custody for the crime at issue at time that arrest warrant would have issued.

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State v. Young, No. 93,686, COURT OF APPEALS OF KANSAS, February 24, 2006, Opinion Filed
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Overview: Because the trial court failed to follow the rule in Weigand, the trial court abused its discretion in declining to continue the probation revocation hearing and forcing defendant to proceed pro se; Kan. Stat. Ann. § 22-3716(b) provided him with the right to be represented by counsel.

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Hammer v. Thompson, No. 93,526, COURT OF APPEALS OF KANSAS, March 3, 2006, Opinion Filed
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Overview: In cattle owners' conversion action against an individual and other companies who subsequently obtained the cattle, summary judgment in favor of the companies was error as there was a genuine issue as to whether they had authority through the entrustment doctrine of Kan. Stat. Ann. § 84-2-403 to exercise ownership over the cattle.

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LSF Franchise REO I, LLC v. Emporia Rests., Inc., No. 93,622, COURT OF APPEALS OF KANSAS, March 3, 2006, Opinion Filed
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Overview: Trial court properly granted a restaurant's motion to quash a garnishment order of funds in its bank accounts because the restaurant offered evidence under Kan. Stat. Ann. § 60-733(f) that the funds in the account did not belong to it and the garnishment would be improper if it was not the restaurant's money in the account.

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State v. Bolden, No. 93,823, COURT OF APPEALS OF KANSAS, March 3, 2006, Opinion Filed
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Overview: Defendant's convictions for aggravated assault were reversed as the convictions merged into defendant's convictions for intentional aggravated battery Kan. Stat. Ann. § 21-3414(a)(1)(C) as both convictions arose out of single act of violence where defendant twice rammed her car into the car in which her husband and his mistress were riding.

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State v. Hamic, No. 94,881, COURT OF APPEALS OF KANSAS, March 3, 2006, Opinion Filed
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Overview: Trial court erred in granting defendant's motion to suppress evidence obtained during vehicle stop where police officer's knowledge that defendant's daughter had twice, in recent months, driven the car with a suspended license and without insurance created an objectively reasonable suspicion that a crime was being committed and justified the stop.

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Tradesmen Int'l v. Wal-Mart Real Estate Bus. Trust, No. 93,410, COURT OF APPEALS OF KANSAS, March 3, 2006, Opinion Filed
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Overview: Summary judgment for subcontractor as to its mechanic's lien was improper because its original lien statement was fatally defective in that it failed to state contractor's name as required by Kan. Stat. Ann. § 60-1103 and Kan. Stat. Ann. § 60-1195(b) did not permit amendment of a defective lien statement after statutory filing period had expired.

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