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Kansas Supreme Court Selected Opinion Summaries - October 30, 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.

The Supreme Court today filed 37 opinions. Today's filings include:

Appeal No. 80,000: Board of Education of Unified School District No. 443, Ford County, v. Kansas State Board of Education et al.

The court, in a unanimous decision authored by Justice Bob Abbott, affirms a Shawnee County District Court decision upholding the validity of a 1987 legislative enactment requiring approval of the State Board of Education for school districts to withdrawn from special education cooperatives. The Ford County district contended it had a right to unilaterally withdraw from a 15-district cooperative under terms of its original agreement.

Appeal No. 79,835: State v. John W. Roxroat

The court, in a unanimous decision authored by Justice Edward Larson, upholds reasonable searches of all individuals entering courthouses where metal detectors are in place. (Affirming drug possession charges arising from Shawnee County Courthouse search and holding that individuals understand the nature of and consent to searches that will be made.)

Appeal No. 80,057: State v. Shawn Willingham

The court, in a unanimous decision authored by Justice Robert E. Davis, rules that the defendant should be allowed to file his appeal of unintentional second-degree murder outside the statutory time given to effect the appeal.

Appeal No. 79,678: In Re: Care and Treatment of Emery Joe Ingram

Petitions charging persons with being a sexually violent predator must be filed within 75 days of the date the attorney general receives written notice of the date of the offender's release from prison as required by the Kansas Sexually Violent Predator Act. (Unanimous, authored by Justice Robert E. Davis, affirming Johnson County District Court.)

Docket No. 80,584: In Re: W. Fredrick Zimmerman

The court orders published censure for a Kansas City attorney for his handling the formation of a Cajun frozen food corporation.

Docket No. 81,284: In Re: Gerhard R. Metz

The court imposes a one-year suspension of a Topeka attorney's law license based upon his handling of a bankruptcy proceeding. (Metz did not take exception to the findings and recommendations of the Board for Discipline.)

Being held over for decision later are:

Appeal No. 78,139: State v Perry
Appeal No. 78,947: KDOT v Humphreys
Appeal No. 79,647: Kaul v State
Appeal No. 73,410: In re Wendell Betts
Appeal No. 80,671: In re JDJ
Appeal No. 78,944: Gonzales v. Assoc. Financial
Appeal No. 79,008: State v Lee
Appeal No. 80,408: Flenker v Willamette Ind.
Appeal No. 79,412: State v F. Phelps
Appeal No. 79,413: State v J. Phelps
Appeal No. 76,915: State v McGinnes
Appeal No. 79,979: Reifschneider v KS Lottery
Appeal No. 79,287: State v Crow