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Kansas Supreme Court Selected Opinion Summaries - October 27, 2000

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 34 opinions. The full text of these decisions may be found at www.kscourts.org. Today's filings include:

Appeal No. 84,671: State v. David L. Pritchett

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, reinstates three charges against a Lawrence minor for underage possession of an alcoholic beverage, unlawful use of identification, and obstruction of justice, reversing a Douglas County holding that an Alcoholic Beverage Control agent had insufficient grounds to detain and question a minor suspected of breaking the minimum drinking age law. The case is remanded for further proceedings.

Appeal No. 83,433: State v. Gregory P. Anderson

The court, in a unanimous decision authored by Justice Tyler C. Lockett, reverses a Geary County decision dismissing a charge of involuntary manslaughter against Anderson that was filed as a result of a high-speed chase involving Anderson and a highway Patrol trooper that resulted in the June 1998 death of a motorist at Milford Lake Road and Highway 18 in Geary County.

Appeal No. 83,391: City of Wichita v. Robert A. Craig

Finding no statewide interest in resolving the issue, the court declines to accept jurisdiction to determine whether a Sedgwick County judge's interpretation of a Wichita city ordinance regulating adult entertainment businesses required actual knowledge that more than one person is in an adult movie video booth in order to prosecute.

Appeal No. 82,380: State v. Anthony D. Conley

The court, in a unanimous decision authored by Justice Fred N. Six, affirms the defendant's Sedgwick County first-degree murder conviction and ensuing hard 40 sentence, rejecting his contentions that the district court erred in allowing the preliminary hearing testimony of a missing witness be read to the jury, in refusing to give an instruction on informant testimony, by allowing the state's peremptory challenges during voir dire, and by imposing the hard 40 sentence.

Appeal No. 83,121: Nichols v. Kansas Political Action Committee et al.

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms a Shawnee County decision dismissing a lawsuit brought by Thomas Britt Nichols, who lost his bid for reelection to the Kansas House of Representatives from the 22nd District alleging violations of the Campaign Finance Act. The trial court and the Supreme Court on appeal concluded the plaintiff had not exhausted his administrative remedies before filing suit by following procedures specified in the Campaign Finance Act.

Docket No. 84,993: In Re: Martin D. Geeding

The court censures a Wichita attorney based upon having a conflict of interest in the representation of a client.

Docket No. 84,753: In Re: John F. Mcgee

The court imposes a one-year suspension of a Wichita attorney's law license based upon his failure to file a lawsuit on behalf of a client despite telling the client that one had been filed.

Docket No. 84,430: In Re: Alan G. Warner

The court censures a former Topeka attorney (now a resident of Hawaii) based upon findings that he violated three provisions of the Kansas Rules of Professional Conduct in the handling of a contingent fee arrangement with a client.

Being held over for decision later are:

#82,526: State v. Calderon
#83,004: In Re: Arabia
#83,927: In re Appeal of Kroger Co.
#83,161: Boyles v. Topeka
#83,226: Gail Kuhn v. Sandoz Pharm
#81,955: State v. Jacqus
#83,572: Coffeyville v. Local #1523
#79,948: State v. Garcia
#83,288: In re Colorado Interstate Gas
#82,678: State v. Robbins
#83,714: Prager v. Dept. of Revenue