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Kansas Supreme Court Selected Opinion Summaries - July 9, 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 70 opinions. Today's filings include:

Appeal No. 81,243: State v. Sabine M. Davidson

Saying the court was "struck by the defendant's lack of candor" concerning her conduct relative to the death of an 11-year-old boy who was killed by her Rottweiler dogs, the court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms her Geary County conviction of reckless second-degree murder.

Appeal No. 80,741: Jon F. Moran, M.D., v. State of Kansas; the Kansas Board of Regents; the University of Kansas Medical Center et al.

The court, in a unanimous decision authored by Justice Donald Allegrucci, reinstates a defamation lawsuit filed on behalf of the former head of the Department of Cardiothoracic Surgery at KUMC, against KUMC and members of its administration. The court held the trial court erred in granting the defendants' motion for summary judgment on the basis that Moran did not establish that his reputation was damaged by the statements. (Court of Appeals Judge Gary W. Rulon sat in for Justice Bob Abbott for this appeal.)

Appeal No. 80,692: In Re: Matter of the Appeal of United Teleservices Inc. From and Order of the Director of Property Valuation

The court, in a unanimous decision authored by Justice Tyler C. Lockett, reverses the state Board of Tax Appeals decision that resellers of long distance transmissions, who purchase the service of transmitting telephonic messages from others, are not public utilities and, therefore, not subject to valuation and tax assessment.

Appeal No. 81,218: State v. Paul J. Kimberlin

Once a defendant places his trash bags by the public street for collection by the trash collector, he has no expectation of privacy in the discarded items, under a unanimous decision authored by Chief Justice Kay McFarland affirming a Butler County decision denying a motion to suppress evidence of possession of marijuana.

Appeal No. 80,952: State v. Teral Breedlove

The court affirms the defendant's Sedgwick County convictions of first-degree murder, aggravated robbery, and four counts of aggravated assault, which arose from the shooting of Rigoberto Garcia, and the threatening of others in a Wichita neighborhood.

Appeal No. 80,962: State v. Lorenzo M. Jones

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms the defendant's Haskell County conviction of second-degree murder, which arose from the February 1997 strangulation of Angela Bagby.

Appeal No. 80,764: State v. Levi Love Jr.

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendant's Shawnee County convictions of first-degree murder and attempted murder, which arose from the March 1997 death of his former girlfriend, LaTonya Ward, and attempted murder of her companion, Darryl Peppers.

Docket No. 82,952: In Re: David M. Druten

The court orders published censure for an Overland Park attorney as a result of three violations of the Kansas Rules of Professional Conduct.

Docket No. 82,681: In Re: Richard W. Parker

The court orders indefinite suspension of a Shawnee Mission attorney's law license based on four violations of the Kansas Rules of Professional Conduct.

Docket No. 82,703: In Re: David L. Nelson

The court orders published censure of a Wichita attorney based upon one violation of the Kansas Rules of Professional Conduct.

Docket No. 82,848: In Re: Darril L. Holden Sr.

The court orders indefinite suspension of an Edmond, Okla. attorney's Kansas law license based upon his suspension from the practice of law in Oklahoma and his failure to report the suspension to the Kansas disciplinary administrator's office.

Being held over for decision later are:

Appeal No.78,444: State v. Williams
Appeal No. 79,520: KU Med Cntr v. Skinner
Appeal Nos. 81,691 and 81,692: Rivera v. Cimarron Dairy
Appeal No. 82,217: State v. Martinez
Appeal No. 82,148: Graff v. TWA
Appeal No. 80,804: Investcorp v. Simpson
Appeal No. 79,323: Pool v. McKune
Appeal No. 79,143: State v. Sampsel
Appeal No. 79,283: State v. Minor
Appeal Nos. 80,106 and 80,753: State v. Rucker

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