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| Martin v. Kan. Dep't of Revenue, No. 94,509,
COURT OF APPEALS OF KANSAS, August 11, 2006, Opinion Filed
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Overview: An officer had probable cause for a DUI arrest because he watched the driver back out of a parking spot across from a bar, the driver did not engage his headlamps, he failed to pull over until reaching his place of business, and as the deputy followed the driver into the store, he noticed that the driver was swaying, stumbling, and staggering.
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| State v. Russell, No. 94,757,
COURT OF APPEALS OF KANSAS, August 11, 2006, Opinion Filed
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Overview: In an aggravated battery case, the trial court did not err in granting the State's motion to reconsider sentence under Kan. Stat. Ann. § 22-3504 as defendant's initial sentence based on an incorrect criminal history score was illegal; thus, the trial court was authorized to correct defendant's illegal sentence at any time.
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| In re Estate of Tracy, No. 94,593,
COURT OF APPEALS OF KANSAS, August 18, 2006, Opinion Filed
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Overview: Trial court erred in denying an executor's petition to probate the decedent's will as the will was found with the deceased scrivener's papers within a few days after the six-month limitation period of Kan. Stat. Ann. § 59-617, the executor had access to the will for less than 90 days, and Kan. Stat. Ann. § 59-618 allowed probate of the will.
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| Thomas v. Benchmark Ins. Co., No. 95,202,
COURT OF APPEALS OF KANSAS, August 18, 2006, Opinion Filed
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Overview: Grant of summary judgment in favor of the passenger and the decedent passenger's mother was improper because liability coverage was excluded under the unexpected and unintended act provisions of the decedent driver's insurance policy. The driver had driven at a high rate of speed to elude the police.
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| Haley v. Brown, No. 93,148,
COURT OF APPEALS OF KANSAS, August 25, 2006, Opinion Filed
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Overview: In parents' medical malpractice action, while it was erroneous for the trial court to exclude the medical center from the verdict form under Kan. Stat. Ann. § 60-258a since it was a party to the suit, the error was harmless as all allegations against the center involved errors committed by a nurse, who was ultimately found not to be at fault.
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| Nelson Energy Programs, Inc. v. Oil & Gas Tech. Fund, Inc., No. 94,191,
COURT OF APPEALS OF KANSAS, August 25, 2006, Filed
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Overview: Trial court erred in dismissing an investor's action seeking partition of its oil and gas leasehold interests with a company as Kan. Stat. Ann. § 60-601 required local venue for actions affecting real property, and they could not be superseded by a forum selection clause in the parties' sublease agreement.
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| State v. Gonzales, No. 93,845,
COURT OF APPEALS OF KANSAS, August 25, 2006, Filed
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Overview: Defendant's drug convictions were improper because the trooper exceeded the scope of a safety stop by asking routine investigative questions after his safety concerns were nullified and continued the detention to run a background check on the vehicle's occupants. Thus, the subsequent search of the vehicle was illegal.
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| In re Markowitz, Bar Docket No. 09724,
SUPREME COURT OF KANSAS, August 30, 2006, Decided
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