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| Burgess v. Shampooch Pet Indus., No. 93,698,
COURT OF APPEALS OF KANSAS, April 7, 2006, Opinion Filed
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Overview: District court did not err in award of compensatory damages to a dog owner after the groomer injured the dog because when an injured pet dog with no discernible market value was restored to its previous health, the measure of damages could include, but was not limited to, the reasonable and customary cost of necessary veterinary care and treatment.
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| State v. Adams, No. 93,640,
COURT OF APPEALS OF KANSAS, April 7, 2006, Opinion Filed
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Overview: In a drug case, defendant's confrontation rights, under the Sixth Amendment, were violated by the admission of testimony of an absent informant where he was not available for cross-examination, there was evidence of bad blood between defendant and the informant, and he knew his statements would be used against defendant at trial.
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| State v. Allen, No. 93,940,
COURT OF APPEALS OF KANSAS, April 7, 2006, Opinion Filed
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Overview: A trial court erred in sentencing defendant as a persistent sex offender, pursuant to Kan. Stat. Ann. § 21-4704(j) (Supp. 2005), after he pled no contest to aggravated indecent liberties with a child where his prior juvenile adjudication for aggravated incest did not constitute a sexually violent crime under Kan. Stat. Ann. § 22-3717(d)(2).
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| State v. Bieker, No. 93,487,
COURT OF APPEALS OF KANSAS, April 7, 2006, Opinion Filed
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Overview: Court properly denied a motion to suppress, Fourth Amendment, where, although defendant was not free to leave, his compliance with a request for a pat-down search was not the product of coercion; the officer was dressed in ordinary street clothes, he did not threaten defendant, and defendant willingly produced items from his pocket.
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| R. H. Gump Revocable Trust v. City of Wichita, No. 94,312,
COURT OF APPEALS OF KANSAS, April 14, 2006, Opinion Filed
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Overview: City's denial of appellants' conditional use permit to construct communications tower was not unreasonable where appellants had not proven unreasonableness of the denial and city had taken into account benefit or harm involved to the community. Substantial evidence supported denial under Telecommunications Act of 1996, 47 U.S.C.S. § 151 et seq.
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| State v. Harp, No. 94,322,
SUPREME COURT OF KANSAS, April 14, 2006, Decided
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Overview: Where defendant entered a plea of guilty to one count of manufacture of methamphetamine, the sentencing transcript showed the district court did not inform defendant of his right to appeal. The case was remanded for a determination of whether defendant was permitted to file an out of time appeal of his sentence.
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| State v. Woolverton, No. 93,751,
COURT OF APPEALS OF KANSAS, April 14, 2006, Opinion Filed
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Overview: Defendant's convictions for criminal threat in violation of Kan. Stat. Ann. § 21-3419 and telephone harassment in violation of Kan. Stat. Ann. § 21-4113 were proper where his prior conviction was relevant to show the continued friction and discord between defendant and his former girlfriend before the current offenses.
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| Sultani v. Bungard, No. 94,111,
COURT OF APPEALS OF KANSAS, April 14, 2006, Opinion Filed
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Overview: A trial court properly denied parents' motion for a new trial in their wrongful death action against defendant where the parents' decision to not have the jury return to deliberations to award noneconomic damages and to accept the jury's verdict waived any defect that existed in the jury's failure to award noneconomic damages.
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| State v. Sykes, No. 94,075,
COURT OF APPEALS OF KANSAS, April 21, 2006, Opinion Filed
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Overview: Where defendant was charged with misdemeanor theft, the district court violated his rights under the Sixth Amendment and Kan. Stat. Ann. § 22-3404 by proceeding with a bench trial even though defendant did not waive a jury trial. He was not entitled to suppress his volunteered statements to police that he was planning to sell crack cocaine.
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| In re Boaten, No. 95,689,
SUPREME COURT OF KANSAS, April 27, 2006, Filed
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Overview: An attorney was disbarred after a hearing panel found that he violated Kan. R. Prof. Conduct 1.3, 1.4, 1.5, 1.15, 3.4, 4.1, and 8.4(c) in connection with his representation of two clients. In part, the attorney failed to diligently pursue matters in both cases and he repeatedly testified falsely before the hearing panel.
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