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Kansas Supreme Court Selected Opinion Summaries - May 28, 1999

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 38 opinions. Today's filings include:

Appeal No. 81,828: Marla Monroe v. City of Topeka

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, reverses a Shawnee County District Court decision denying a motion to disqualify a lawyer representing the city in a civil suit over the arrest of a man following his son's funeral. The court orders the trial court to examine materials submitted by Monroe to determine if a previous legal matter she had is substantially related to the present case before deciding the motion to disqualify.

Appeal No. 78,370: State v. Michael Dean Wilkins

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendant's Jefferson County convictions of first-degree murder, conspiracy to commit murder, and aggravated robbery, but reverses a fourth conviction of conspiracy to commit aggravated robbery on the basis that it was multiplicitous with the conspiracy to commit murder count.

Appeal No. 80,891: State v. Jerome Cheeks

The court affirms a Wyandotte County decision denying his motion for a new trial of his second-degree murder conviction based on newly discovered evidence and an allegation that the state had withheld evidence favorable to his defense. The conviction arose from the 1992 beating death of his wife, Dianne Heitz Cheeks.

Appeal No. 79,177: State v. Edward E. Lasley

The court affirms Lasley's Johnson County conviction of first-degree murder, which arose from the June 1996 death of Gary Dean Sheppard.

Appeal No. 81,350: State v. Gregory Leonard Walls

The court affirms the defendant's Shawnee County conviction of first-degree murder, which arose from the September 1993 shooting of Timothy Orr at a Topeka apartment complex.

Appeal No. 80,291: State v. Freedom Thane Hazelton

The court affirms Hazelton's Labette County hard 40 sentence, which was imposed after he pled guilty to first-degree murder, attempted first-degree murder, obstruction of duty, possession of marijuana, and possession of drug paraphernalia. The charges arose from the November 1996 murder of B.J. Woods and attempted murder of Kyle Lawson, which occurred in a rural area south of Oswego in Labette County.

Docket No. 82,366: In Re: Barry C. Albin

The court orders public censure of a Kansas City attorney based upon two violations of the Kansas Rules for Professional Conduct arising from his dealings with an inmate at the Lansing Correctional Facility.

Being held over for decision later are:

Appeal No. 79,520: KU Med Center v. Skinner
Appeal No. 80,692: In Re: United Teleservices
Appeal No. 80,741: Moran v. State
Appeal No. 79,509: State v. Wilson
Appeal No. 80,545: Huelsman v. Dept. of Rev.
Appeal No. 81,046: Am. Trust Admin. v. Sebelius
Appeal No. 81,374: State v. Slater
Appeal No. 82,266: Danisco v. KCPL
Appeal No. 78,905: Glassman v. Costello
Appeal No. 79,143: State v. Sampsel
Appeal No. 79,283: State v. Minor
Appeal No. 80,106: State v. Rucker
Appeal No. 80,805: Regency Park v. City of Topeka
Appeal No. 80,830: Treaster v. Dillon Cos.

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