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| State v. Hicks, No. 93,602,
SUPREME COURT OF KANSAS, December 8, 2006, Opinion Filed
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Overview: Appellate court improperly reversed trial court order granting motion to suppress evidence obtained by use of a search warrant in drug prosecution because, even in considering the totality of the circumstances and employing deferential review, it could not be said that the affidavit in support of warrant established the existence of probable cause.
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| State v. Ibarra, No. 89,011,
SUPREME COURT OF KANSAS, December 8, 2006, Opinion Filed
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Overview: Defendant's motion to suppress in his drug case should have been granted because there was not sufficient probable cause to search his vehicle. The smell of ether alone was justification for further investigation, but not for a valid search under the Fourth Amendment.
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| State v. Kleypas, No. 90,650,
SUPREME COURT OF KANSAS, December 8, 2006, Opinion Filed
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Overview: District court's conclusion that evidence that defendant stalked the victim before killing here was not admissible as a matter of law for imposition of the death penalty under Kan. Stat. Ann. § 21-4625, was reversed because the evidence could be used to show that the killing was done in a heinous, atrocious, or cruel manner.
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| State v. Parker, No. 92,541,
SUPREME COURT OF KANSAS, December 8, 2006, Opinion Filed
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Overview: Under Fourth Amendment and Kan. Const. Bill Rights § 15, defendant was illegally detained when there was insufficient evidence to establish reasonable suspicion for stop. Thus, his consent to search was not voluntary and cocaine had to be suppressed. Without the cocaine, the evidence was insufficient to support his possession of cocaine conviction.
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| Yount v. Deibert, No. 93,726,
SUPREME COURT OF KANSAS, December 8, 2006, Opinion Filed
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Overview: A grant of summary judgment in favor of the decedent's friends in the decedent's mother's wrongful death action was improper because there appeared to have been sufficient circumstantial evidence that created a question of fact concerning causation. A factfinder could have concluded that the friends' actions more likely than not caused the fire.
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