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| Fleetwood Folding Trailers, Inc. v. Coleman Co., No. 94,950,
COURT OF APPEALS OF KANSAS, June 29, 2007, Opinion Filed
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Overview: Trial court properly directed a verdict in favor appellee on the issues of breach of contract and cure in a trademark infringement case because the evidence that appellant presented at trial showed that it had breached the agreement and that it did not thereafter cure its breach by substantial performance.
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| State v. Cook, No. 93,825,
COURT OF APPEALS OF KANSAS, June 29, 2007, Opinion Filed
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Overview: Under Kan. Stat. Ann. § 22-2402(1), defendant's motion to suppress was properly denied because an officer had reasonable suspicion to stop the truck in which defendant was a passenger since the experienced officer observed what he thought was a possible drug transaction at a gas station in an area that had a high incidence of drug activity.
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| In re J.R.A., No. 97,690,
COURT OF APPEALS OF KANSAS, July 6, 2007, Opinion Filed
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Overview: Defendant with prior adjudications for a misdemeanor and a felony was improperly classified as a "chronic offender II, escalating felon" under former Kan. Stat. Ann. § 38-16,129(a)(3)(B)(i) (repealed) because the statute required two prior misdemeanor adjudications.
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| In re Marriage of Reinhardt, No. 97,114,
COURT OF APPEALS OF KANSAS, July 6, 2007, Opinion Filed
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Overview: Trial court erred in granting a wife's 2005 motion to reopen a 2000 divorce judgment on the ground that the husband committed fraud by failing to reveal his ownership interest in property he owned at the time of the divorce because the wife's claim of fraud placed the action squarely within Kan. Stat. Ann. § 60-260(b)(3) and its one-year time bar.
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| Nelson v. Nelson, No. 97,664,
COURT OF APPEALS OF KANSAS, July 6, 2007, Opinion Filed
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Overview: Because appellants, who alleged that their deceased father breached property settlement with their mother by conveying assets to third parties for inadequate consideration, failed to file petition for administration of estate within six months and to assert their demand against estate, their claims were barred by Kan. Stat. Ann. § 59-2239.
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| State v. Hoeck, No. 95,830,
SUPREME COURT OF KANSAS, July 6, 2007, Opinion Filed
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Overview: Good faith exception to exclusionary rule applied because there was no evidence that the magistrate was deliberately misled by false information or abandoned his neutral and detached role and there were no circumstances where it was reasonable for the officer executing the warrant to override probable cause determination found by the magistrate.
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