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Kansas Supreme Court Selected Opinion Summaries - January 24, 2003

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 19 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 88,440: Eric and Ryan Montoy et al. v. State of Kansas et al.

Saying there are still factual disputes and that additional issues raised by the plaintiff should have been considered but were not, the court, in a unanimous decision authored by Justice Robert E. Davis, reverses a Shawnee County decision granting judgment to the defendants in a constitutional challenge of the Kansas scheme of finance public education. (The suit alleges a violation of the requirement that the legislature provide for the suitable finance of the educational interests of the state; a violation of equal rights protection, and a violation of substantive due process rights, all guaranteed by the Kansas Constitution. The school finance scheme is being challenged by numerous students representing African-American, Hispanic, and disabled groups, along with two large school districts.) Reversing and remanding for further proceedings in Shawnee County District Court.

Appeal No. 86,554: State v. Larry G. Evans

Holding that the trial judge incorrectly excluded the testimony of defense witnesses, the court, in a unanimous decision authored by Justice Tyler C. Lockett, orders a new trial for a Wichita man convicted of voluntary manslaughter in the shooting death of Michael Prince.

Appeal No. 86,739: State v. Quincy B. Davis

The court, in a unanimous decision authored by Justice Tyler C. Lockett, affirms the defendant's Sedgwick County convictions of first-degree murder, aggravated burglary, criminal possession of a firearm, and aggravated robbery, but reduces an aggravated kidnapping count to kidnaping, based on the circumstances surrounding the charge. His consecutive sentences of life (hard 25) for murder, 34 months for burglary, 9 for possession of a firearm and 61 months for aggravated robbery remain intact, but his term for aggravated kidnaping will be resentenced for a term for kidnaping on remand.

Appeal No. 88,736: State of Kansas ex rel Carla J. Stovall, attorney general, and Kansas Board of pharmacy v. Roy C. Alivio et al

The court, in a unanimous decision authored by Justice Lawton R. Nuss, affirms a Shawnee County decision granting the attorney general default judgment in a suit the attorney general filed alleging the defendants violated the Kansas Consumer Protection Act by prescribing Viagra via the Internet without a physical examination and counseling. (The suit was based on a complaint in which a female agent in the attorney general's office received a prescription for ten 100-milligram tablets of Viagra based on her completion of online forms from the defendants.)

Appeal No. 89,373: In Re: David L. Polsley

The court imposes published censure for a Kansas City, KS, attorney based on five violations of the Kansas Rules of Professional Conduct arising from a determination by the Board for the Discipline of Attorneys that he pursued frivolous litigation in a legal malpractice case.

Docket No. 89,105: In Re: David M. Bryan

The Supreme Court imposes published censure for an Overland Park attorney based upon his representation of a client in a legal malpractice case.

Being held over for decision later are:

Appeal No. 85,731: State v. Burden
Appeal No. 87,455: State v. Williams
Appeal No. 89,105: In re: Bryan
Appeal No. 85,794: ATSF RR Co. v. Stonewall
Appeal No. 86,553: State v. Boyd
Appeal No. 86,767: Telegram v. KDOT
Appeal No. 87,393: State v. Reliance Surety
Appeal No. 88,124: Maunz v. Perales
Appeal No. 88,844: Lincoln Co. v. Nielander
Appeal No. 89,106: In re: Nelson
Appeal No. 87,771: Williamson v. Hays
Appeal No. 88,657: State v. DVM
Appeal No. 86,895: State v. Bryant
Appeal No. 88,623: Crumbaker v. Hunt
Appeal No. 88,761: Miller v. SRS