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Kansas Supreme Court Selected Opinion Summaries - March 7, 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 20 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 87,918: State v. James E. Maass

The court unanimously upholds the constitutionality of a Kansas statute requiring persons convicted of felonies to provide blood and saliva samples for the purpose of establishing and maintaining a statewide automated DNA database for law enforcement purposes. (Decision authored by Court of Appeals Judge David S. Knudson, assigned to sit in for Justice Bob Abbott.)

Appeal No. 88,842: State v. Gary Barnes and No. 88,843: State v. Karla Boylan

The court, in a unanimous decision authored by Judge David S. Knudson, assigned, affirms a Geary County decision holding that the statute enhancing penalties for possession of drugs within 1,000 feet of a school does not apply to prosecutions based upon a suspect who by happenstance passes through the protected zone in a vehicle and is subsequently apprehended.

Appeal No. 87,898: Unified School District No. 233, Johnson County, v. Kansas Assn. of American Educators and Olathe National Education Assn.

The court, in a unanimous decision authored for the court by Justice Lawton R. Nuss, affirms a Johnson County decision denying KANAAE, a self-described conservative alternative to NEA, access to the Olathe school district's internal mail system due to USD 233's contract recognizing Olathe National Education Assn. as the exclusive bargaining representative for the district teachers.

Appeal No. 87,455: State v. Donell Williams

The court, in a unanimous decision authored by Chief Justice Kay McFarland, remands the defendant's Wyandotte County charges of two counts of first-degree murder with direction to permit the defendant to withdraw his pleas of no contest due to the trial court's misstatement at sentencing of the maximum penalty that could be imposed based upon the pleas.

Docket No. 89,371: In Re: Allen B. Angst

The court orders published censure for an Abilene attorney based upon his representation of a client in a contested probate case.

Docket No. 89,106: In Re: Victor S. Nelson

The court imposes a two-year probationary period for a Wichita attorney based upon his representation of several clients on a variety of legal matters entrusted to him.

Being held over for decision later are:

#85,731: State v. Burden
#85,794: ATSF RR Co. v. Stonewall
#87,989: State v. Bethel
#86,767: Telegram Pub. v. KDOT
#87,393: State v. Reliance Surety
#88,124: Maunz v. Perales
#87,383: State v. Washington
#89,179: In re Harris Trust
#86,829: State v. Kunellis
#86,895: State v. Bryant
#87,033: State v. Rogers
#88,623: Crumbaker v. Hunt
#87,017: State v. White
#88,118: In re Family of Eagles, LTD
#89,372: In re Boone
#87,904: State v. Kessler
#88,465: State v. Decker
#88,859: Schartz v. KS Health Ins. Assn.