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Kansas Supreme Court Selected Opinion Summaries - January 30, 2004

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

Appeal No. 89,651: State v. Peter J. Davis

The court, in a unanimous decision authored by Justice Marla J. Luckert, affirms the defendant's Wyandotte County convictions of first-degree murder, attempted first-degree murder, and conspiracy to commit first-degree murder, rejecting his claims of speedy trial violation, insufficient evidence, and that he should have been tried separately from codefendants.

Appeal No. 89,336: State v. James E. Vanhouten

The court, in a unanimous decision authored by Justice Lawton R. Nuss, affirms a Cherokee County District Court decision denying his motion to withdraw his guilty plea to first-degree murder that was filed in connection with the August 2001 murder of Viola M. Barrett, 74, who was killed in a Columbus home invasion.

Appeal No. 89,153: State v. Brandon C. Boone

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms the defendant's Sedgwick County convictions of first-degree murder and related charges arising from the June 2001 death of Mark Eads, who was found bludgeoned to death in his home.

Appeal No. 86,899: State v. Lisa J. Graham

The Court, in a unanimous decision authored by Justice Donald L. Allegrucci, affirms the defendant's Saline County convictions of attempted first-degree murder and four counts of aggravated assault on a law enforcement officer, rejecting her contentions of insufficient evidence, double jeopardy, and denial of her right to a fair trial because of the prosecutor's remarks in closing arguments.

Docket No. 91,009: In Re: Troy L. Daugherty

The Court censures a Kansas City attorney based on his representation of two clients in divorce proceedings.

Being held over for further deliberation are:

#90,578: State v Wyandotte Co.
#90,702: Holt v. Wesley Med. Cntr.
#88,085: State v. Martis, Jr.
#90,650: State v. Kleypas
#87,393: State v. Reliance Surety
#88,720: State v. Jones, Jr.
#89,010: State v. Groves
#89,239: Foos v. Terminex
#89,518: Investcorp v. Simpson
#89,543: Ary Jewelers v. Krigel
#90,039: Dragon v. Vanguard
#88,096: State v.Ly
#88,130: State v. Shirley
#89,217: Gaudina v. State
#88,571: State v. Morton
#88,650: State v. Hayden
#89,056: State v. Young, Jr.
#89,127: State v. Huynh
#90,370: Hysten v. BNSF Railway Co.
#81,135: State v. Marsh

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