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Kansas Supreme Court Selected Opinion Summaries - December 12, 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.


Appeal No. 77,578: State v. Kenneth L. Leek

The court unanimously affirms the defendant's Wyandotte County conviction of first-degree murder in the shotgun death of Richard Jasper, which occurred in a public housing project in Kansas City, KS.

Appeal No. 76,807: State v. Lyle C. Sanders

The court, in a unanimous decision authored by Justice Edward Larson, affirms the defendant's Sedgwick County convictions from his second trial for first-degree murder and an aggravated weapons violation. (Sanders' prior convictions were reversed on appeal in 1995 for failure of the trial court to give an instruction on the lesser-included offense of second-degree murder.) The convictions and today's affirmance of them arose from the 1993 death of Latonya Edmond.

Appeal No. 77,020: State v. Daniel M. Dias

The court, in a unanimous decision authored by Justice Fred N. Six, affirms the defendant's Sedgwick County first-degree murder conviction and ensuing hard 40 prison sentence that resulted from the murder of his estranged wife, Deborah Dias, which occurred on New Year's Day 1996 in Deborah's kitchen.

Appeal No. 76,539: State v. Michael A. White

The court, in a unanimous decision authored by Justice Bob Abbott, affirms the defendant's Wyandotte County first-degree murder conviction but remands the case for resentencing without the hard 40 sentence because the state did not give the necessary statutory notice of intent to seek the sentence until 12 days after formal arraignment. (The conviction arose from the murder of his mother, Pearl White, who was struck on the head once with a hammer.)

Appeal No. 77,660: State v. Barry Clark

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendant's Wyandotte County first-degree murder conviction, which arose from the shooting of Thejuan Hollinshed, which followed a party at a Kansas City, KS, residence.

Appeal No. 77,549: State v. Jenkins

The court, in a unanimous decision authored by Justice Fred N. Six, affirms a Shawnee County decision finding a Topeka attorney in contempt of court for failing to appear at a scheduled preliminary hearing and being 20 minutes late for the hearing when it was rescheduled. The court did reduce a $550 fine that was imposed for the contempt by $200 that was included as reimbursement of attorneys fees to the county and state board of indigent defense services because there was no warning that attorneys fees could be assessed in the matter.

Docket No. 79,237: In Re: James L. Farmer

The court orders indefinite suspension of a Kansas City, KS, attorney based upon numerous violations of the Model Rules of Professional Conduct.

Docket No. 79,133: In Re: Leander P. Hamilton

The court imposes a two-year suspension of a Kansas City attorney's law license based upon his handling of an estate matter.

Docket No. 78,308: In Re: Kenneth P. Seck

The court indefinitely suspends the law license of an Overland Park attorney based upon multiple disciplinary offenses.

Docket No. 79,031: In Re: Philip M. Durr

The court orders two-years' probation of a Sterling attorney's law practice based upon his handling of a workers' compensation claim.

Being held over for decision later are:

Appeal No. 77,097: State v. Smallwood
Appeal No. 74,415: State v. Hardyway
Appeal No. 75,258: State v. Thompkins
Appeal No. 77,490: Woodruff v. City of Ottawa
Appeal No. 79,284: Cure v. Board of Hodgeman County Commissioners
Appeal No. 73,410: In Re: Wendell Betts
Appeal No. 76,192: Brumley v. Lee
Appeal No. 75,375: State v. Sheryl M. Lewis
Appeal No. 75,703: Nance v. Harvey County
Appeal No. 74,601: State v. Wonders
Appeal No. 73,344: Cox v. Lesko
Appeal No. 78,001: State v. Spain

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