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Kansas Supreme Court Selected Opinion Summaries - January 25, 2002

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

Appeal No. 86,277: In the Matter of the Appeal of Panhandle Eastern Pipe Line Co. et al., from a Denial of Refund of Kansas Corporate Income Tax

The court, in a unanimous decision authored by Justice Bob Abbott, affirms a Board of Tax Appeals decision having the effect of refunding approximately $26 million in corporate income tax, including interest, to Panhandle Eastern as part of Panhandle and National Helium Corporation's 1986 request to amend corporate tax returns and to file a combined report as a unitary business.

Appeal No. 87,177: State ex rel Carla Stovall and Kansas Board of Pharmacy v. Confimed.Com, LLC

The court, in a unanimous decision authored by Edward Larson, affirms a Shawnee County decision that a non-Kansas medical doctor did not violate the Kansas Consumer Protection Act when he dispensed the sexual enhancement drug Viagra to Kansas residents without any physical examination or direct contact other than through an out-of-state internet site. (An injunction that was entered barring continued dispensing of the drug is held to adequately protect the public.)

Appeal No. 85,412: State v. Craig M. Bryant

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms Bryant's Sedgwick County convictions of three counts of felony murder, which arose from the robbery and shooting of three Wichita men.

Appeal No. 84,640: State v. Charles H. Roberson

The court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms the defendant's Wyandotte County convictions of first-degree murder, aggravated robbery, aggravated battery, and forgery, as well as his hard 40 prison sentence.

Appeal No. 84,814: State v. Francis P. Doyle

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendant's Johnson County convictions of first-degree murder, attempted second-degree murder, and aggravated battery, rejecting his claims of insufficient evidence to support a finding of premeditation, improper closing arguments by the prosecutor, failure to dismiss a prospective juror for cause, and improper admission of a 911 dispatch tape into evidence.

Docket No. 87,720: In the Matter of George A. Groneman

The court, in an original proceeding in discipline against a Wyandotte County judge, orders published censure, that the respondent be required to repay $1,047 to the state, pay the costs of his disciplinary proceedings, and author a letter of apology to all state judges, adopting the recommendations of the Commission on Judicial Qualifications.

Docket No. 86,975: In the Matter of Larry W. Wall

The court orders published censure of a Wichita attorney based on his representation in two unrelated matters.

Being held over for decision later are:

#83,705: State v. Henry
#85,604: State v. Boorigie
#83,302: Moore v. Bird Engineering
#85,030: In re Estate of Gardiner
#86,347: Empire Mfg. v. Empire Candle
#87,044: KPERS v. Kutak Rock
#85,735: State v. Bledsoe
#86,431: Gillespie v. Seymour
#86,320: State v. Jenkins
#83,186: State v. Crider
#84,269: State v. Banks
#85,709: State v. Finley
#86,334: Acosta v. Natl. Beef
#86,801: Am. Trust v. Sebelius
#86,871: In re Protest of Smith
#87,079: State v. Stough

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