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| In re K.S.U. SE Agric. Research Ctr. for Exemption from Ad Valorem Taxation, No. 96,519,
COURT OF APPEALS OF KANSAS, May 4, 2007, Opinion Filed
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Overview: Board of tax appeals erred in denying a state university's application for a tax exemption on a home provided for a caretaker of a research farm under Kan. Stat. Ann. § 79-201 as the property was owned and operated by the university for a residential use minimal in scope and incidental to the educational and scientific purposes for the property.
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| Owen Lumber Co. v. Chartrand, No. 96,391,
SUPREME COURT OF KANSAS, May 4, 2007, Opinion Filed
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Overview: Judgment on a mechanic's lien in favor the subcontractor was affirmed because, inter alia, the district court correctly applied the savings provision of Kan. Stat. Ann. § 60-1103(c) and correctly concluded that because defendants obtained actual receipt of the mechanic's lien statement, the statutory notice requirement was satisfied.
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| State v. Brown, No. 96,862,
COURT OF APPEALS OF KANSAS, May 4, 2007, Opinion Filed
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Overview: In an aggravated battery and abuse of a child case, the trial court properly suppressed defendant's confession as he was subjected to persistent pressure from the Kansas Department of Social and Rehabilitation Services; faced with the inevitable loss of his parental rights, defendant made a confession that was not freely and voluntarily made.
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| State v. Young, No. 96,115,
COURT OF APPEALS OF KANSAS, May 4, 2007, Opinion Filed
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Overview: Encounter between defendant and an officer was voluntary, under Fourth Amendment, because the officer approached defendant on foot, there was no evidence that the officer blocked defendant's path, there was no evidence that the officer demanded that defendant answer any questions, and the officer did not display his weapon or threaten defendant.
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| State v. Jackson, No. 95,144,
COURT OF APPEALS OF KANSAS, May 11, 2007, Opinion Filed
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Overview: Defendant's right to a fair trial was not violated by a prosecutor's incorrect definition of reasonable doubt and comments about an out-of-body experience like "doozies" and "a crock" because, although the definition and comments were improper, the requisite level of ill will was not shown; moreover, there was ample evidence of guilt.
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| In re Marriage of Evans, No. 95,214,
COURT OF APPEALS OF KANSAS, May 18, 2007, Opinion Filed
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Overview: Judgment denying a husband's motion to modify spousal maintenance was reversed and remanded because, under Kan. Stat. Ann. § 60-1610(b), the district court exceeded its authority when it ordered that the maintenance ordered after a trial to the district court (a lump sum award, payable in monthly installments) could never be modified.
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| S. Star Cent. Gas Pipeline, Inc. v. Cunning, No. 96,103,
COURT OF APPEALS OF KANSAS, May 18, 2007, Opinion Filed
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Overview: District court properly ruled for property owners in pipeline company's suit for possession and ejectment under Kan. Stat. Ann. § 60-1001 based on owners' encroachment of company's easement as substantial evidence supported finding that encroachment was slight compared with cost of removing garage that was built near pipeline's location.
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| State v. Birth, No. 94,586,
COURT OF APPEALS OF KANSAS, May 18, 2007, Opinion Filed
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Overview: Evidence was sufficient to sustain an aggravated burglary conviction, Kan. Stat. Ann. § 21-3716, because the victim testified that when he answered the door, he did not invite defendant into his apartment, but that he was pushed back into the apartment by defendant, that the men entered his apartment, and that he was forced to do what the men said.
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| State v. Dayhuff, No. 94,797,
COURT OF APPEALS OF KANSAS, May 18, 2007, Opinion Filed
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Overview: In an indecent liberties case, a court erred by admitting prior crimes, Kan. Stat. Ann. § 60-455, because there was no signature act or distinct mode of operation; defendant's conduct of reaching under clothing of underage girls and touching their vaginas was not so strikingly similar as to be a distinct mode of operation.
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| State v. Palmer, No. 96,165,
COURT OF APPEALS OF KANSAS, May 18, 2007, Opinion Filed
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Overview: In a possession of cocaine case, the revocation of defendant's probation under Kan. Stat. Ann. § 22-3716(b) was reversed as the trial court improperly admitted an unavailable community corrections officer's affidavit (indicating that defendant had violated his probation) without applying the Yura two-factor good cause test.
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