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Kansas Supreme Court Selected Opinion Summaries - April 18, 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 32 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 89,029: General Building Contractors, L.L.C. and Robert D. Tolbert v. Board of Shawnee County Commissioners

Counties may take property for use in economic development under their Home Rule powers, a unanimous Supreme Court ruled in a Shawnee County lawsuit challenging its acquisition of property for construction of a Target distribution center. Opinion by Justice Edward Larson, retired, affirming Shawnee County District Court.

Appeal No. 87,989: State v. Michael A. Bethel

The court, in a unanimous decision authored by Justice Donald Allegrucci, affirms the defendant's Crawford County convictions of capital murder and two counts of pre-meditated first-degree murder, which was tried to the bench on stipulated facts. The convictions arose from the deaths of his father, John Bethel, Sherrill Davis, and Waneta Boatright. (The state did not pursue the death penalty.)

Appeal No. 88,465: State v. Ronald L. Decker

The court, in a unanimous decision authored by Justice Robert L. Gernon, affirms the defendant's Leavenworth County conviction of first-degree murder, which arose from the October 1999 shooting death of Lloyd Wayne Green, which went unnoticed and unreported until July 8, 2001, when the defendant's wife reported the murder and location of the body during a domestic violence investigation.

Docket No. 89,372: In Re: Thomas Caleb Boone

The court extends the probationary period of a Hays attorney for five years, based on his representation of four clients in unrelated matters.

Docket No. 89,104: In Re: M. Steven Wagle

The court suspends the law license of a Wichita attorney for one year based on his representation in numerous bankruptcy cases.

Docket No. 89,828: In Re: Daniel L. Franco

The court indefinitely prohibits a Missouri attorney from appearing in a Kansas court, administrative tribunal, or agency of the state, based on his misrepresentation that he was licensed to practice in Kansas.

Being held over for decision later are:

Appeal No. 88,046: State v. Martinez
Appeal No. 87,407: State v. Beach
Appeal No. 86,035: State v. Oshman Sporting Goods
Appeal No. 89,995: In Re: Keihl Rathbun
Appeal No. 89,829: In Re: Gary Conwell
Appeal No. 89,075: Blue Cross and Blue Shield v. Sebelius
Appeal No. 86,767: Telegram v. KDOT
Appeal No. 85,586: State v. Dickson
Appeal No. 85,794: ATSF RR Co. v. Stonewall
Appeal No. 88,334: In RE: Ford Motor Credit
Appeal No. 87,383: State v. Washington
Appeal No. 87,393: State v. Reliance Surety
Appeal No. 89,179: In Re: Harris Trust
Appeal No. 86,829: State v. Kunellis
Appeal No. 86,895: State v. Bryant
Appeal No. 87,033: State v. Rogers
Appeal No. 88,623: Crumbaker v. Hunt
Appeal No. 86,968: State v. Coleman
Appeal No. 87,017: State v. White
Appeal No. 87,361: State v. Wiegand
Appeal No. 88,366: Marshall v. KaMMCO
Appeal No. 87,904: State v. Kessler

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