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   State Courts - Kansas - December 13 - December 22, 2006

  
In re Allen, Bar Docket No. 21145, SUPREME COURT OF KANSAS, December 13, 2006, Decided
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Overview: Court accepted attorney's voluntary surrender of his license to practice law in Kansas. At the time the attorney surrendered his license, a panel hearing was pending on a formal complaint; in addition, the attorney was a convicted felon, having been convicted of felony theft.

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In re Polsley, No. 91,296, SUPREME COURT OF KANSAS, December 13, 2006, Decided
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State v. Simmons, No. 91,659, SUPREME COURT OF KANSAS, December 15, 2006, Opinion Filed
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Overview: In an aggravated kidnapping case, the court properly refused to give an accomplice jury instruction because the witness's testimony, which was corroborated by other witnesses, was that he was vehemently opposed to defendant's decision to commit the crime, and thus, there was no evidence of any agreement under Kan. Stat. Ann. § 21-3302.

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Bruch v. Kan. Dep't of Revenue, No. 95,029, SUPREME COURT OF KANSAS, December 22, 2006, Opinion Filed
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Overview: Driver whose license was suspended did not demonstrate that the Kan. Stat. Ann. § 8-259 de novo review process should alter the fact that his petition for review was jurisdictional and that the failure to comply with the pleading requirements set forth in Kan. Stat. Ann. § 77-614(b) precluded his statutorily granted right to appeal the suspension.

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In re Adoption of S.J.R., No. 96,388, COURT OF APPEALS OF KANSAS, December 22, 2006, Opinion Filed
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Overview: Evidence supported the decision that father failed to assume duties of parent under Kan. Stat. Ann. § 59-2136(d) as (1) he did not support children monetarily; (2) he did not show his love and affection for children; and (3) although incarcerated, his contact with children was incidental. Thus, his consent to adoption by stepfather was unnecessary.

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In re D.T.J., No. 96,075, COURT OF APPEALS OF KANSAS, December 22, 2006, Opinion Filed
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Overview: Commissioner of Juvenile Justice had standing under Kan. Stat. Ann. §§ 38-1665, 38-16,131 to challenge district court's 15 percent limitation on juvenile's good time credit; district court lacked authority to limit credit because Kan. Stat. Ann. § 38-16,130 gave Commissioner authority to implement credit and did not violate separation of powers.

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Rinke v. Bank of Am., No. 93,868, SUPREME COURT OF KANSAS, December 22, 2006, Opinion Filed
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Overview: When an employee slipped and fell in a parking lot that the employer leased and had some measure of control over in that it directed the employees to park in allotted spaces adjacent to the employer's building, the employee was injured on the employer's premises and entitled to workers compensation benefits under Kan. Stat. Ann. § 44-501(a).

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Town Ctr. Shopping Ctr., LLC v. Premier Mortg. Funding, Inc., No. 94,917, COURT OF APPEALS OF KANSAS, December 22, 2006, Opinion Filed
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Overview: Where a mortgage broker's branch manager entered into a lease, the mortgage broker was bound by the lease because the mortgage broker's good standing letter induced the lessor to believe that the manager had apparent authority to act; lessor was entitled to attorney fees without providing notice of default and an opportunity to cure.

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