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| In re Care & Treatment of Ward, No. 91,826,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: In a sexually violent predator commitment case, the State's argument violated defendant's right to a fair trial, Fourteenth Amendment, where it referenced the jurors' own children and was preceded by provocative references, encouraging the jury to forsake its sworn duty to reach a verdict through fair, impartial, and dispassionate deliberation.
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| J.N.L.M. v. Miller, No. 94,902,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: In refusing the father's request for his surname to appear on the child's birth certificate, the mother was simply exercising her statutory right under Kan. Stat. Ann. § 65-2409a(c) and was not playing games with the father. Thus, the trial court abused its discretion in changing the child's surname from that of his mother to that of his father.
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| McLellan v. Raines, No. 94,115 n1,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: Summary judgment for sellers and realtors was proper because buyer signed an acknowledgement releasing them from any obligation to disclose and agreed not to rely on their statements, and buyer had house inspected, thus she could not prove justifiable reliance. Also realtor advised buyer to get inspection as required by Kan. Stat. Ann. § 58-30,107.
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| McMillan v. McKune, No. 94,816 n1,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: Court erred in dismissing for lack of jurisdiction inmate's Kan. Stat. Ann. § 60-1501 petition challenging his classification as a sex offender where inmate had attempted to exhaust his administrative remedies, but did so through incorrect, untimely, and ineffective procedures; inmate was not provided with any notice of rights for review or appeal.
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| Richert v. McHone, No. 94,906,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: Insured could not recovered under UM provision of policy because while vehicle driven by at-fault driver was not insured, driver of vehicle was covered under another policy from which insured received policy limits. Because driver had other coverage, automobile he was driving was not an "uninsured motor vehicle" under insured's policy.
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| State v. Escalante, No. 93,256,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: Conviction of attempted aggravated kidnapping and aggravated battery were affirmed because the convictions for both counts were not necessarily multiplicitous as each charge required proof of an element not required in proving the other, notwithstanding the fact that there was a continuous event.
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| Tomlin v. State, No. 93,699,
COURT OF APPEALS OF KANSAS, March 31, 2006, Opinion Filed
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Overview: Denial of petitioner's Kan. Stat. Ann. § 60-1507 motion was affirmed because petitioner failed to show he received ineffective assistance of counsel when petitioner's criticism of trial counsel was based on counsel's failure to anticipate a change in the law which had yet to occur and, in fact, might never occur.
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