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Kansas Supreme Court Selected Opinion Summaries - March 19, 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 33 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 87,519: State v. Shawndell Mays

The court, in a unanimous decision authored by Justice Marla Luckert, affirms the defendant's Wyandotte County convictions and consecutive life sentences for two counts of first-degree murder and related crimes arising from two separate drive-by shootings in January 2000, rejecting his challenges to his certification to stand trial as an adult, his rights to a speedy trial, failure to suppress his statement to police, testimony relating to the cause of a victim's death and jury instructions.

Appeal No. 87,252: State v. Ronell Williams

The court, in a unanimous decision authored by Justice Donald Allegrucci, affirms the defendant's Wyandotte County convictions and hard 50 sentence for two counts of first-degree murder and related crimes arising from the August 1999 double murder of Wilbur and Wilma Williams (no relation to the defendant), who were shot during a residential burglary and theft of their automobile.

Appeal No. 89,934: In Re: Appeal of City of Wichita from an Order of Assessment of Sales/Use Tax

The court, in a unanimous decision authored by Justice Robert E. Davis, affirms a Board of Tax Appeals decision affirming the assessment of sales tax, compensating use tax, and interest for transactions by the city water department on interdepartmental transfers of tangible personal property or services.

Appeal No. 88,096: State v. Binh Ly

The court, in a unanimous decision authored by Justice Robert L. Gernon, affirms the defendant's Sedgwick County convictions of felony murder and aggravated burglary, which arose from the May 2001 gang shooting death of Chanh Chantivong.

Docket No. 91,296: In Re: Kathryn S. Polsley

The court imposes a two-year suspension of an Ottawa attorney's law license based on her guilty plea in federal court to theft of government property for converting Social Security funds that had been deposited by mistake in her deceased mother's trust account.

Docket No. 91,297: In Re: David L. Polsley

The court orders indefinite suspension of an Ottawa attorney's law license based on the same guilty plea as entered by his wife, Kathryn Polsley, immediately preceding.

Being held over for decision later are:

Appeal No. 89,485: State v. Legero
Appeal No. 89,560: Gonzalez Centeno v. NC KS RJDF
Appeal No. 90.620: City of Topeka v. Shawnee County Commissioners
Appeal No. 89,204: State v. Meeks
Appeal No. 89,759: Rice v. State of Kansas
Appeal No. 89,793: State v. Gleason
Appeal No. 89,010: State v. Groves
Appeal No. 89,008: State v. Conn
Appeal No. 89,239: Foos v. Termnex
Appeal No. 89,326: Crist v. Hunan Palace
Appeal No. 90,039: Dragon v. Vanguard
Appeal No. 88,130: State v. Shirley
Appeal No. 88,419: State v. Birchmeier
Appeal No. 88,456: State v. Bunyard
Appeal No. 88,571: State v. Morton
Appeal No. 89,033: Bruner v. State of Kansas
Appeal No. 89,217: Gaudina v. State of Kansas
Appeal Nos. 90,.005 and 90,566: In Re: Estate of Somers

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