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| In re Western Res., Inc., No. 92,379,
SUPREME COURT OF KANSAS, April 28, 2006, Opinion Filed
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Overview: In a sales and compensating use tax exemption case, Board of Tax Appeals misinterpreted Kan. Stat. Ann. § 79-3606(kk) when it exempted taxpayer machinery and equipment. Taxpayer was not entitled to refund from Department of Revenue because machinery and equipment outside of boundaries of electrical plant did not qualify for exemption.
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| MBNA Am. Bank, N.A. v. Credit, No. 94,380,
SUPREME COURT OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Judgment vacating an arbitration award in favor of the bank was affirmed because the bank failed to attach a copy of the arbitration agreement to its motion to confirm the award, and the record undercut any assertion that the debtor was properly served with a copy of the award.
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| Scott v. Hughes, No. 94,265,
SUPREME COURT OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Under Kan. Stat. Ann. § 44-501(d)(2), the denial of summary judgment to a fellow servant was reversed and remanded in a wrongful death case based on alleged drunk driving because neither entitlement to receive nor actual receipt of workers compensation benefits was required for the fellow servant doctrine to attach and bar a civil suit.
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| State v. Barahona, No. 94,130,
COURT OF APPEALS OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Order denying defendant's motion to withdraw his guilty plea nearly 10 years after being sentenced was upheld because while record revealed the trial court's failure to question defendant about the knowing and voluntary nature of his plea, the failure to strictly comply with the provisions of Kan. Stat. Ann. § 22-3210(a) did not mandate reversal.
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| State v. Bolden, No. 93,806,
COURT OF APPEALS OF KANSAS, April 28, 2006, Opinion Filed
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Overview: The imposition of a downward dispositional sentence against defendant after she was convicted of two counts of aggravated battery and other related charges was appropriate where she was raising dependent children, she sought help for her anger control, and the probability of reformation was increased with probation.
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| State v. Bunyard, No. 88,546,
SUPREME COURT OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Defendant was entitled to a new trial on rape charge under Kan. Stat. Ann. § 21-3502(a)(1) because the prosecutor committed misconduct by misstating the law during closing arguments by equating the "overcome by force or fear" element of rape with the act of sexual intercourse/penetration.
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| State v. Donaldson, Nos. 92,530, 92,531,
COURT OF APPEALS OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Trial court erred in dismissing motion to correct illegal sentence because trial court improperly relied on defendant's failure to object to his criminal history classification as a basis for dismissing the motion. Also, hearing to classify out-of-state convictions was needed, and pursuant to Kan. Stat. Ann. § 21-4711(e), State had burden of proof.
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| State v. Elliott, No. 92,853,
SUPREME COURT OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Court affirmed court of appeals decision affirming district court judgment which excluded two of defendant's four prior municipal court DUI convictions for criminal history scoring purposes; pursuant to Kan. Stat. Ann. § 8-1567 (Supp. 2005), third and subsequent DUI convictions were felonies, over which a municipal court did not have jurisdiction.
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| State v. Hayes, No. 94,313,
COURT OF APPEALS OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Trial court erred in denying defendant's motion to suppress evidence found in search of vehicle in which she was riding as passenger because an officer's questioning of the driver following the return of her documentation exceeded the scope of the traffic stop. The driver's consent to search vehicle did not purge the taint of the illegal detention.
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| State v. Moody, No. 93,084,
COURT OF APPEALS OF KANSAS, April 28, 2006, Opinion Filed
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Overview: Evidence was sufficient to support defendant's conviction of attempted first-degree murder under Kan. Stat. Ann. §§ 21-3301, 21-3401, where defendant made the overt act of driving his accomplice with the intent for the accomplice to kill the victim and the accomplice fired a gun at the victim.
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