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Kansas Supreme Court Selected Opinion Summaries - June 5, 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. 79,039: Schmidt et al. v. HTG Inc. et al.

Unanimous decision authored by Justice Edward Larson finding no liability on behalf a former employer of a murder victim and the state of Kansas in the supervision of the defendant while on parole from previous convictions. (See accompanying news release for more details.)

Appeal No. 75,599: State v. Joyce Mincey

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendant's Sedgwick County convictions of aiding and abetting attempted first-degree murder, conspiracy to commit first-degree murder, and aiding and abetting aggravated robbery, but reverses a fourth conviction of conspiracy to commit aggravated robbery. The second conspiracy count was reversed after the court held that even though more than one crime was discussed, there was only one conspiracy involved.

Appeal No. 78,661: Keith Marquis et al. v. State Farm and Casualty Co.

The court, in a 5-2 decision, affirms a Johnson County decision holding State Farm liable for damages sustained in an automobile negligence case arising from a September 1993 car-pickup truck accident.

Appeal No. 78,722: Michael A. Bankes v. Charles Simmons et al.

A Kansas administrative regulation specifying that inmates lose good-time credits if they fail to participate in any kind of psychological or psychiatric treatment for sexual offenders is unconstitutional as to Bankes because it was adopted after he was sentenced to prison, under a 4-3 decision affirming, in part, and reversing the Reno County District Court. Writing for the majority is Justice Bob Abbott. Concurring and dissenting in separate opinions are Chief Justice Kay McFarland and Justices Tyler C. Lockett and Donald L. Allegrucci.

Appeal No. 79,384: Raymond F. Stansbury v. Robert D. Hannigan et al.

The court, in a 6-1 decision authored by Justice Robert E. Davis, affirms a Leavenworth County decision holding that administrative regulations adopted after Stansbury's sentence constitute ex post facto law in violation of the constitution, but that internal prison management policies adopted after his sentence did not violate his constitutional rights to due process. Dissenting without a written opinion is Chief Justice Kay McFarland.

Appeal No. 79,734: Terry L. Vinson v. David R. McKune et al; No. 79,735: John Edwards v. Charles E. Simmons et al.; No. 79,736: Walter Myrick v. Shirley Hensley et al.; No. 79,860: Jose Rojas v. Charles E. Simmons et al.; and No. 79,960: Peter E. Spencer v. Charles E. Simmons et al.

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms a Leavenworth County decision denying the Lansing Correctional Facility inmates' petition for a writ of habeas corpus, in which they contended that Internal Management Policies and Procedures adopted after they were sentenced violated their due process rights and constituted an ex post facto application of law in violation of the U.S. Constitution.

Appeal No. 79,007: Water District No. 1 of Johnson County v. Mission Hills Country Club

The court, in a unanimous decision authored by Justice Fred N. Six, affirms a Johnson County decision requiring the Mission Hills Country Club to purchase its water from Water District No. 1, which the court found had the exclusive right to provide pressurized treated water by pipeline within its boundaries. (Chief Justice Kay McFarland and Justice Edward Larson did not participate in the decision. Sitting in for them were former Chief Justice Robert H. Miller, retired, and Court of Appeals Robert J. Lewis Jr., assigned.)

Appeal No. 75,834: Richard B. York and Vesta L. York v. Intrust Bank, N.A. and Lost Creek Estates Inc. et al.

The court, in a unanimous decision authored by Justice Edward Larson, affirms in part, and reverses, in part, a Sedgwick County decision in litigation over the purchase of a residential lot in a Wichita subdivision.

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