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| In re Cox, No. 95,036 n1,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: A trial court did not abuse its discretion by failing to reduce a father's child support obligation by the amount of depreciation on his rental properties because the father failed to show that it was reasonably necessary for the production of income under Kan. Child Support Guidelines, Kan. Sup. Ct. Admin. Order no. 128, § II.E.2.
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| Leffel v. Kan. Dep't of Revenue, No. 93,897,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: Appellate court affirmed the suspension of an individual's driver's license because even though the machine used in a preliminary breath test was not an approved device under Kan. Admin. Regs. 28-32-7(a), the officer's testimony was sufficient to constitute probable cause to arrest the driver for DUI.
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| Mahan v. Clarkson Constr. Co., No. 95,811,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: In a workers' compensation case, the court reversed an award of work disability under Kan. Stat. Ann. § 44-510e. Because the claimant had failed to make a good faith effort to retain his current employment, a showing of the potential for accommodation at the same or similar wage rate precluded an award for work disability.
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| Seitz v. Lawrence Bank, No. 95,051,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: A grant of summary judgment in favor of the bank was appropriate in a tort action because the decedent's daughter failed to bring forth evidence establishing a genuine dispute as to the decedent's status on the bank's property as an invitee or licensee.
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| Southwestern Bell Tel., L.P. v. APAC-Kansas, Inc., No. 95,551,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: In a telephone company's suit for damages to its telephone cables, as the excavator was put on notice of the close proximity of the cable to the concrete curb in the first incident, the excavator failed to use reasonable care in violation of Kan. Stat. Ann. § 66-1809(a) when it continued to use the same excavation method during the second incident.
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| State v. Chambers, No. 93,626,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: In a burglary case, the sentencing judge's finding that defendant's offense was sexually motivated under Kan. Stat. Ann. § 22-4902(c)(14) was proper as defendant entered homes with the sole intent to steal women's lingerie in order to facilitate masturbation, had previously engaged in this behavior, and had been diagnosed with a fetish disorder.
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| State v. Thompson, No. 94,254,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: Defendant's conviction for manufacture of methamphetamine, in violation of Kan. Stat. Ann. § 65-4159, was supported by sufficient evidence where he testified that he knew how to manufacture methamphetamine using Nazi method; all of the ingredients necessary to manufacture methamphetamine were found in his car and garage except anhydrous ammonia.
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| State v. Vandevelde, No. 94,613,
COURT OF APPEALS OF KANSAS, July 21, 2006, Opinion Filed
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Overview: Defendant's convictions for cocaine possession and the failure to use a turn signal were inappropriate under the Fourth Amendment because the search of defendant's truck did not fit within any of the circumstances set forth in Kan. Stat. Ann. § 22-2501.
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