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| Gates v. Goodyear, No. 95,941,
COURT OF APPEALS OF KANSAS, April 13, 2007, Opinion Filed
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Overview: Conversion and punitive damages findings against a landlord were upheld because his notice of appeal did not designate the proper judgment as to two claims of error under Kan. Stat. Ann. § 60-2103(b), and the tenants' motion to amend to seek punitive damages filed after the case management conference was timely under Kan. Stat. Ann. § 60-3703.
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| State v. Cole, No. 96,361,
COURT OF APPEALS OF KANSAS, April 13, 2007, Opinion Filed
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Overview: Defendant was convicted of making a false writing. Trial court erred in its restitution determination because it was required to base its determination on reliable evidence that yielded a defensible restitution figure, but trial court was not required to make finding that restitution was workable, pursuant to Kan. Stat. Ann. § 21-4610(d)(1).
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| State v. Lemons, No. 96,400,
COURT OF APPEALS OF KANSAS, April 13, 2007, Opinion Filed
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Overview: Because the protective sweep of defendant's residence was not made incident to a lawful arrest and because the evidence failed to show a likelihood of harm to police or to others, the trial court properly granted defendant's motion to suppress evidence; other than a sheet over a doorway, there was nothing to cause police to fear for their safety.
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| Ludlow v. State, No. 96,319,
COURT OF APPEALS OF KANSAS, April 20, 2007, Opinion Filed
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Overview: After an inmate timely sought relief under Kan. Stat. Ann. § 60-1507, amendments to his motion after the filing deadline expired did not relate back to its filing because his motion had to contain all grounds for relief when it was filed, nor were these issues tried by consent. His trial and appellate counsel did not provide ineffective assistance.
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| State v. Davis, No. 93,907,
COURT OF APPEALS OF KANSAS, April 20, 2007, Opinion Filed
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Overview: In trial for aggravated robbery, defendant objected to State's use of strikes to eliminate African-Americans venirepersons. Trial court erred in its ruling because trial court failed to make analysis under Batson's third step; however, trial court properly determined that defendant should be tried as adult, pursuant to Kan. Stat. Ann. § 38-1636.
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