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Kansas Supreme Court Selected Opinion Summaries - April 17, 1998

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. 79,533: The Legislative Coordinating Council v. Hon. Dan Stanley, Secretary of the Department of Administration, and Shirley A. Moses, Director of Accounts and Reports.

Saying although there are limits to the authority of the Legislative Coordinating Council, the ministerial duty of paying valid obligations of the legislature from appropriated funds for operation of the legislature is within the LCC's duties and grant of power. Unanimous, authored by Justice Robert E. Davis, granting petition for Writ of Mandamus to require the Secretary of Administration to pay court costs and attorney fees in an election contest for a seat in the Kansas House of Representatives.

Appeal No. 77,538: State v. Glenn A. Heath Jr.

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendant's Shawnee County conviction of first-degree felony murder, but vacates a second count of child abuse because both charges arose from a single act and therefore it merged with the felony murder charge.

Appeal No. 78,808: State v. Jerome Kuykendall

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendant's Shawnee County convictions of premeditated first-degree murder, two counts of aggravated assault, and one count of aggravated robbery. The charges arose from the February 1996 death of Kerry Young, who was shot and robbed on a Topeka street corner.

Appeal No. 77,620: State v. Charles L. Higgenbottham, a/k/a Matthew S. Murphy

The court, in a unanimous decision authored by Justice Fred N. Six, affirms the defendant's Harvey County convictions of first-degree murder and kidnapping, as well as his "hard 40" prison sentence. (The charges arose from the September 1995 kidnapping-murder of Jonetta "Jodi" McKown, who was working as a prostitute on South Broadway in Wichita.)

Appeal No. 79,214: State v. Ronald McCown

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendant's Montgomery County conviction of second-degree murder, which arose from the October 1996 stabbing death of James Douglas, the stepfather of the defendant's roommate, Chad Caskey.

Appeal No. 76,131: State v. Kevin C. Borman

The court, in a unanimous decision authored by Justice Bob Abbott, affirms the defendant's Sedgwick County second-degree murder conviction, which arose from the discovery in June 1995 of the body of Ina Villarreal in a wheat field.

Appeal No. 78,269: Terry Fettke v. City of Wichita

The court, in a 6-1 decision, affirms a Sedgwick County District Court decision granting the city's motion for summary judgment in a suit Fettke, a former city police officer, brought seeking damages for releasing his name to the news media after a fatal shooting. The court has determined the trial court was correct in finding the city immune under a provision of the Kansas Tort Claims Act. Writing for the majority is Justice Fred N. Six. Dissenting in a separate written decision is Justice Tyler C. Lockett.

Appeal No. 78,533: State v. Juan Enrico Dudley

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms the defendant's Shawnee County convictions of felony murder, aggravated robbery, burglary, robbery, theft, and conspiracy. The convictions arose from robberies over the two-day period of May 13 and 14, 1996, in which four men were robbed and one of them, Wesley Briggs, murdered.

Appeal No. 76,506: State v. Adrian M. Franklin

The court, in a unanimous decision authored by Chief Justice Kay McFarland, affirms the defendant's Sedgwick County conviction of voluntary manslaughter, which arose from the June 1995 shooting of Namon Goff in a parking lot of a Wichita restaurant.

Docket No. 80,112: In Re: Randall D. Palmer

The court imposes published censure against a Pittsburg attorney based upon his withholding of a client's files after being discharged by the client.

Docket No. 80,192: In Re: Byron E. Anderson

The court suspends the law license of a Wichita attorney indefinitely based upon multiple violations of the Model Rules of Professional Conduct.

Appeal No. 79,419: State v. Steven A. Kraushaar

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms a Marshall County decision dismissing two counts of making a false writing that were filed against the former Marshall County Attorney.

Appeal No. 76,580: State v. Michael E. Mims

The court, in a unanimous decision authored by Justice Edward Larson, affirms the defendant's Wyandotte County convictions of felony murder, aggravated robbery, conspiracy to commit aggravated robbery, and aggravated assault. The charges arose from Mims' participation in a robbery of Kansas City, KS, motel in which the desk clerk, Eric Garhart, was shot and killed by Brett Nave.

Being held over for decision later are:

No. 77,558: State v. Donesay
No. 78,862: City of Topeka v. Watertower Place Development Inc.
No. 79,039: Schmidt et al. v. HTG Inc. et al.
No. 79,007: Water District No. 1 v. Mission Hills Country Club
No. 79,164: Kennedy v. Board of Shawnee County Commissioners
No. 79,440: State v. Becker
No. 79,384: Stansbury v. Hanigan
No. 78,661: Marquis v. State Farm Insurance Co.
No. 78,725: Deisher v. Kansas Dept. of Transportation
No. 73,410: In Re: Wendell Betts
No. 77,632: In Re: Adoption of KJB, LDB, RJB
No. 75,834: York v. Intrust Bank

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