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| In re Adoption of G.L.V., No. 97,546,
COURT OF APPEALS OF KANSAS, July 20, 2007, Opinion Filed
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Overview: Stepfather's petition for adoption without the father's consent was properly denied under Kan. Stat. Ann. § 59-2136(d) because, inter alia, the 2006 statutory amendment did not make the best interests of the child the overriding factor or change the parental duties test, and the father provided substantial financial support in the prior two years.
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| Lyons v. Holder, No. 97,130,
COURT OF APPEALS OF KANSAS, July 20, 2007, Opinion Filed
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Overview: Where a trustee paid himself compensation for the first time after 12 years of service, the payment was not a breach of loyalty voidable under Kan. Stat. Ann. § 58a-802, but judgment against the beneficiary at the close of evidence was improper under Kan. Stat. Ann. § 60-252(c) because there was some evidence of waiver of the right to compensation.
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| State v. Geraghty, No. 95,007,
COURT OF APPEALS OF KANSAS, July 20, 2007, Opinion Filed
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Overview: Trial court did not err by denying defendant's motion to suppress, even though officer's entry into defendant's home with his daughter was unlawful, because even if the information obtained during unlawful search was excised from the search warrant affidavit, the facts contained in the affidavit established probable cause under Fourth Amendment.
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| State v. Kogler, No. 97,586,
COURT OF APPEALS OF KANSAS, July 20, 2007, Opinion Filed
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Overview: When the officer arrested defendant for DUI, he read an outdated implied consent advisory DC-70 form. The Court of Appeals of Kansas held that the officer's implied consent advisory did not fulfill the notice requirements of Kan. Stat. Ann. § 8-1001(f); therefore, defendant was entitled to suppress evidence of the breath test.
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| State v. Tedder, No. 97,134,
COURT OF APPEALS OF KANSAS, July 20, 2007, Opinion Filed
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Overview: District court erred in suppressing evidence in driving under influence prosecution against defendant because there was no constitutional right to consult with attorney prior to submitting to or refusing breath test under Kan. Stat. Ann. § 8-1001(f)(C) and asking defendant whether he would submit to test did not constitute custodial interrogation.
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