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Kansas Supreme Court Selected Opinion Summaries - October 31, 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 31 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 88,523: State v. Makthepharak

The court, in a unanimous opinion authored by Justice Carol A. Beier, affirms the defendant's Sedgwick County convictions of first-degree murder, aggravated burglary, and criminal possession of a firearm, which arose from the shooting/stabbing death of Chanh Chantivong who was shot at a gang house for the "Asian Pride" or "East Side Crips."

Appeal No. 88,046: State v. Martinez

The court, in a unanimous decision authored by Justice Robert L. Gernon, upholds the constitutionality of a statute mandating the extraction of bodily fluids for DNA analysis for persons convicted of burglary, rejecting the defendant's contention that it violates the Fourth Amendment's protection against unreasonable search and seizure.

Appeal No. 86,829: State v. Kenneth A. Kunellis

Saying the trial court erred in its jury instructions, the court, in a unanimous decision authored by Justice Lawton R. Nuss, orders a new trial in a Johnson County felony murder case, which arose from the December 1999 traffic fatalities of a couple during a police pursuit of a vehicle used in a burglary at a motorcycle dealership.

Appeal No. 87,033: State v. Benjamin L. Rogers

The court, in a second appeal arising from the same facts in State v. Kunellis, immediately preceding, also orders a new trial for Rogers based on the court's determination that jury instructions relating to theft were in error.

Appeal No. 86,895: State v. Henton Bryant

The court, in a unanimous decision authored by Justice Lawton R. Nuss, affirms the defendant's Wyandotte County convictions of felony murder, conspiracy to commit aggravated robbery, and aggravated battery.

Docket No. 90,707: In Re: Geary N. Gorup

The court orders indefinite suspension of a Wichita attorney's law license based upon misconduct in six counts involving 20 appellate cases alleging failure to act with diligence and promptness, expediting litigation, and failure to cooperate in the investigation of disciplinary matters brought against him.

Docket No. 90,703: In Re: Robert H. Royer Jr.

The court issues a three-month suspension of an Abilene attorney's law license for his representation of a client in a real estate transaction.

Docket No. 90,705: In Re: Henry O. Boaten

The court orders published censure for a Topeka attorney based on his representation of an inmate at the Norton Correctional Facility.

Docket No. 90,321: In Re: Terence A. Lober

The court imposes a one-year suspension of a Leavenworth County attorney's law license based on his representation of a client in a post-divorce matter.

Being held over for decision later are:

Appeal No. 88,454: State v. Hoge
Appeal No. 90,368: Kesterson v. State of Kansas
Appeal No. 81,135: State v. Marsh
Appeal No. 87,974: State v. James
Appeal No. 88,084: State v. Hebert
Appeal No. 90,650: State v. Kleypas
Appeal No. 89,494: In re Colorado Int. Gas
Appeal No. 89,578: In re ANR Pipeline
Appeal No. 87,393: State v. Reliance Surety
Appeal No. 88,991: ARY Jewelers v. Krigel
Appeal No. 89,518: Investcorp v. Simpson
Appeal No. 89,543: ARY Jewelers v. Krigel
Appeal No. 88,130: State v. Shirley
Appeal No. 89,715: Cole v. Mayans
Appeal No. 89,944: Cunningham v. Braum's