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Kansas Supreme Court Selected Opinion Summaries - May 30, 1997

Summaries and press releases are prepared by Ron Keefover, Office of Judicial Administration, Kansas Judicial Center, 301 West 10th, Topeka, KS 66612-1507 (785-296-2256), e-mail: keefoverr@kscourts.org.


The Supreme Court today filed 25 opinions. As usual, the wire service has a set and I have an additional set should you need a copy. Todayís filings include:

Appeal No. 77,684 and 77,685: City of Wichita v. R.E.M. Properties

The city affirms, in part, and reverses, in part, a Sedgwick County decision ordering the removal of a $6 million ice skating rink that had been built on two tracts of property that had not been legally acquired for public use. The court reverses the trial courtís order for removal of the structure, but holds the property owner has an inverse condemnation claim against the city for the value of the property at the time of the taking.

Appeal No. 77,299: State v. Terry Terhune

The court affirms the defendantís Harvey County mandatory life sentence for first-degree murder in the shotgun slaying of Steven Lott.

Appeal No. 75,742: State v. Herbert L. Ruff

The court affirms the defendantís Leavenworth County convictions of rape, aggravated criminal sodomy, aggravated burglary, and aggravated robbery, for which he received a controlling sentence of 50 years to life.

Appeal No. 72,257: State v. Abraham Orr

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendantís Douglas County convictions of first-degree murder and attempted aggravated robbery, which arose from the September 1993 shooting of Edward Lees.

Appeal No. 77,411: State of Kansas ex rel Board of Healing Arts v. Stanley W. Berle and Janet Royston

The court, in a unanimous decision authored by Justice Edward Larson, dismisses an appeal of a Sedgwick County decision holding a statute authorizing the practice of naturopathy without approval of the Board of Healing Arts unconstitutional. The Supreme Court said it was without jurisdiction since the attempted appeal was not from a final order of the trial court and the procedures for an interlocutory appeal were not followed.

Appeal No. 76,684: State v. Franklin E. Patterson

The Sedgwick Countyís decision denying Pattersonís motion to modify his sentence of triple terms of life and 45 years to life for a 1987 murder and robbery are affirmed.

Appeal No. 75,594: State v. Keno Claiborne

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendantís Shawnee County convictions of felony murder, aggravated robbery, aggravated battery, and aggravated assault.

Appeal No. 75,537: State v. Manuel Salcido-Corral

The court, in a unanimous decision authored by Justice Bob Abbott, affirms the defendantís Sedgwick County convictions of three sex offenses and felony murder, but remands for resentencing on the sex offenses because the trial court's statements for departing from the Sentencing Guidelines either were not supported by the evidence or not substantial and compelling reasons for the departure.

Appeal No. 75,081: State v. Doil E. Lane

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendantís Sedgwick County convictions of first-degree murder, aggravated kidnapping, and rape, which arose from the death of a 9-year-old girl, who disappeared from her home on July 30, 1990.

Appeal No. 76,684: State v. Franklin E. Patterson

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms a Sedgwick County decision denying the defendantís motion challenging the legality of his sentence, which was imposed under provisions of the Habitual Criminal Act. (He is serving a triple life sentence for a 1987 murder conviction.)

Appeal No. 75,956: State v. Gregory J. Mitchell

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendantís Sedgwick County convictions of felony murder, three counts of felony auto theft and several misdemeanors.

Docket No. 78,042: In Re: Jeffrey Lynn Baxter

The court imposes two years supervised probation for a Leavenworth attorney for his handling of a fee in a civil rights claim.

Docket No. 78,342: In Re: William E. Neal Jr.

The court disbars a Liberal attorney for numerous violations of the Model Rules of Professional Conduct arising from his actions in two separate disciplinary complaints.

Being held over for decision later are:

Appeal No. 76,025: Smith v. Printup
Appeal No. 74,656: Hartford Insurance v. American Red Ball
Appeal No. 77,150: Heiman v. Parrish
Appeal No. 77,733: State v. Heironimus
Appeal No. 73,410: In Re: Betts
Appeal No. 76,524: KPERS v. Reimer & Koeger et al.
Appeal No. 77,401: State v. Magazine
Appeal No. 76,183: Reiter v. City of Beloit
Appeal No. 76,184: In Re: Cherokee County
Appeal No. 76,846: Jarboe v. Sedgwick County
Appeal No. 77,560: Earle v. Progressive Northern

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