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Kansas Supreme Court Selected Opinion Summaries - March 8, 2007

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. 85,604: State v. Freddie E. Boorigie Jr.

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendant's Montgomery County first-degree murder and related convictions and his hard-40 prison sentence, but remands the case for modification of part of his sentence that was imposed for his arson conviction. (The court rejects his claims that the trial court lacked jurisdiction over the criminal solicitation charges; improperly failed to suspend the proceedings pending a competency hearing; erred in admitting his statements to investigators, in admitting evidence of prior bad acts, and in refusing to instruct the jury on lesser included offenses, in sentencing him to the hard 40 and that the cumulative errors deprived him of a fair trial.)

Appeal No. 86,123: State v. Daniel Parker Jr.

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendant's Wyandotte County first-degree murder conviction arising from the death of Taurean Wynn, who was shot during an argument in the parking lot of an apartment complex where he lived. (The court rejects claims of an improper jury instruction on premeditation and of improper comment by the state on the credibility of witnesses during closing arguments.)

Appeal No. 85,704: State v. Jeremy J. Bell

The court, in a unanimous decision authored by Chief Justice Kay McFarland, affirms the defendant's Reno County conviction of intentional second-degree murder, which arose from the September 1998 bludgeoning death of Carl Gustafson, which occurred on a Hutchinson street. The court rejects claims of error for failure to instruct on voluntary manslaughter/heat of passion and involuntary manslaughter/excessive force, admission of autopsy photographs, the late endorsement of a state witness and of a lack of evidence to support the conviction.

Docket No. 87,900: In Re: Stanley R. Juhnke

The court imposes published censure against a Hutchinson attorney based upon his allowing a disbarred attorney in his office to engage in the unauthorized practice of law.

Docket No. 87,567: In Re: Vashti Winterburg

The court orders a one-year suspension of the law license of a Lawrence attorney based on seven violations of the Kansas Rules of Professional Conduct arising from her representation of two clients in domestic relations litigation.

Docket No. 87,966: In Re: Stan R. Singleton

The court orders supervised probation of a Derby attorney based on four violations of the Kansas Rules of Professional Conduct arising from his representation of four clients involved in different court proceedings.

Docket No. 87,894: In Re: George W. Swisher

The court orders a two-year suspension of an Oskaloosa attorney based on six violations of the Kansas Rules of Professional Conduct arising from complaints brought by three former clients.

Docket No. 87,895: In Re: Bryan J. Moore

The court orders a two-year suspension of a Wichita attorney based on four violations of the Kansas Rules of Professional Conduct based on his conviction of promoting obscenity and his representation of a client in a criminal matter.

Being held over for decision later are:

Appeal No. 84,221: State v. Cope
Appeal No. 83,705: State v. Henry
Appeal No. 86,273: Brand v. Brand
Appeal No. 86,437: Hudson v. State
Appeal No. 85,030: In re Estate of Gardiner
Appeal No. 86,258: State v. Clemons
Appeal No. 87,044: KPERS v. Kutak Rock
Appeal No. 87,295: In re Natl. Coop. Refinery
Appeal No. 85,238: State v. Carr
Appeal No. 86,674: State v. Anthony
Appeal No. 86,880: Bolz v. State Farm
Appeal No. 84,635: State v. Martens
Appeal No. 85,290: State v. Peterson
Appeal No. 84,248: State v. Wilt
Appeal No. 86,433: Decker & Mattison v. Wilson
Appeal No. 87,590: In re J.M.
Appeal No. 83,186: State v. Crider
Appeal No. 84,269: State v. Banks
Appeal No. 85,709: State v. Finley
Appeal No. 86,334: Acosta v. Natl. Beef
Appeal No. 86,801: Am. Trust v. Sebelius
Appeal No. 86,161: State v. Hargrove
Appeal No. 86,325: Easterwood v. State
Appeal No. 85,553: State v. Hitt

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