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   State Courts - Kansas - November 2 - November 14, 2007

  
Finley v. Estate of DeGrazio, No. 94,698, SUPREME COURT OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Patient should not have been granted 30-day extension within which to serve physicians under Kan. Stat. Ann. § 60-203(a) because doctrine of unique circumstances did not apply because the patient's counsel admitted that untrue boilerplate statements were supplied in her proposed order and no other information was provided other than the order.

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Guillory v. State, No. 96,610, SUPREME COURT OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Defendant filed a Kan. Stat. Ann. § 60-1507 motion, which was summarily denied. There was no jurisdiction to hear appeal because defendant's notice of appeal was untimely and Ortiz exceptions were inapplicable, as there was no statutory requirement to be informed of right to appeal, and there was no right to appointment of counsel.

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State v. Araujo, No. 94,831, SUPREME COURT OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Bcause the out-of-court statements of the 911 caller were not admitted for the truth of the matter asserted and were not hearsay, defendant's right of confrontation under the Sixth Amendment and § 10 of the Kansas Constitution Bill of Rights was not implicated by the officers' testimony.

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State v. Chetwood, Nos. 96,716, 96,717, COURT OF APPEALS OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Defendant's due process rights were violated because the terms of a plea agreement where probation was recommended for two felonies were undermined by the testimony of a community corrections officer, who, after being introduced by the State, stated that her recommendation in the case was imprisonment.

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State v. Sappington, No. 94,416, SUPREME COURT OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Defendant's convictions for first-degree felony murder and attempted aggravated robbery were proper, in part pursuant to Kan. Stat. Ann. § 20-311d because the judge's reference to defendant as a "homicidal time bomb" in a prior triple-murder case did not demonstrate that he was currently biased or prejudiced against defendant.

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State v. Sappington, No. 94,415, SUPREME COURT OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Mistrial was properly denied under Kan. Stat. Ann. § 22-3423 because, although the State mistakenly played the wrong confession tape, the jury only heard Miranda warnings - no questions were asked, no information about the instant case was revealed, and the jury could have concluded that defendant was questioned multiple times in the instant case.

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State v. Uhlig, No. 96,663, COURT OF APPEALS OF KANSAS, November 2, 2007, Opinion Filed
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Overview: Motion to suppress evidence found in defendant's room during search was properly denied as there was no Fourth Amendment violation due to his diminished expectation of privacy as a probationer; there was reasonable suspicion to search based on defendant's delay and admission that he was concealing cigarettes, which violated his juvenile probation.

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Kearny County Hosp. v. Allstate Ins. Co., No. 96,953, COURT OF APPEALS OF KANSAS, November 9, 2007, Opinion Filed
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State v. Cosby, No. 94,609, SUPREME COURT OF KANSAS, November 9, 2007, Opinion Filed
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State v. King, No. 95,088, SUPREME COURT OF KANSAS, November 14, 2007, Decided
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