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| City of Wichita v. Bannon, No. 94,752,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: Defendant's conviction for criminal trespass was improper because defendant did not waive his rights to a jury trial and his counsel did not have specific authority from defendant to waive those rights. Thus, defendant's counsel engaged in deficient performance when he effected a purported waiver of jury trial.
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| Lleras v. Via Christi Reg'l Med. Ctr., No. 95,901,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: In offsetting a workers compensation benefit by a lump sum retirement benefit, the Workers Compensation Board applied a rational interpretation of Kan. Stat. Ann. § 44-501(h) in allowing the retirement benefits to be apportioned over the claimant's remaining life expectancy because the benefits were intended to apply for the remainder of his life.
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| Reynolds v. Creach (In re Matter of Creach), No. 97,100,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: The granting of visitation of parents' minor children to the grandmother was improper because it was unclear whether the trial court applied the Troxel presumption. It was impossible to determine whether the trial court unconstitutionally applied Kan. Stat. Ann. § 38-129 by interfering with the parents' due process rights.
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| State v. Dumars, No. 96,261,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: Where defendant's drug convictions were reversed due to cumulative trial error, and the case was remanded, the trial court improperly refused to retry her on the basis of Double Jeopardy under the Fifth Amendment and Kan. Const. Bill Rights § 10 because Double Jeopardy did not bar retrial in cases of trial error, including prosecutorial misconduct.
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| State v. Malm, No. 95,403,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: Although a search warrant affidavit failed to establish probable cause, under Fourth Amendment, the search of defendant's home was proper under the good faith exception because officers applied for a warrant, they acted in reasonable reliance on the search warrant, and they could not have been expected to second guess magistrate's determination.
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| State v. Storey, No. 95,592,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: Evidence was sufficient to convict defendant of burglary under Kan. Stat. Ann. § 21-3715 as the unfinished building he entered and from which he stole a saw constituted a building under the statute.
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| State v. Stout, No. 94,159,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: Evidence was sufficient to sustain defendant's felony murder conviction, Kan. Stat. Ann. § 21-3401, because the victim's attempts at protecting himself and protecting his residence from the attack of defendant and the co-participant were the cause of the self-inflicted gun shot wound that ultimately caused the victim's death.
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| State v. Thompson, No. 96,035,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: Defendant's consent to search his home was not voluntary, Fourth Amendment, because there was only a minor crime involved (possession of marijuana), defendant denied consent, and the police continued to pressure him; however, there was enough probable cause to obtain a search warrant, which would have lead to inevitable discovery of the evidence.
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| Wilson v. Wilson, No. 95,792, No. 95,793, No. 95,794,
COURT OF APPEALS OF KANSAS, April 6, 2007, Opinion Filed
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Overview: In adult children's action against their father, ordering the father to reimburse the children for the funds he withdrew from their accounts established under the Kansas Uniform Transfer to Minors Act, Kan. Stat. Ann. § 38-107 et seq., was proper as the father converted the funds for his own use.
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