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Kansas Supreme Court Selected Opinion Summaries - April 22, 2005

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

Appeal No. 91,470: State v. Robert Buehler-May

The Court, in a unanimous decision authored by Justice Marla Luckert, affirms the defendant's Wyandotte County convictions of first-degree murder and aggravated kidnapping, for which he received the hard-50 prison sentence.

Appeal No. 90,808: State v. Dustin L. Barlow

The Court affirms the defendant's Reno County conviction of felony murder, which resulted from the death of his infant daughter as the result of child abuse.

Appeal No. 90,756: State v. Tyron James

The Court affirms the defendant's Wyandotte County convictions of two counts of first-degree murder and his hard-50 prison sentence.

Appeal No. 91,810: State v. Samuel Jones Jr.

The Court, in a unanimous decision authored by Justice Lawton Nuss, orders a new trial for a Wyandotte County defendant who was convicted of first-degree murder because of the trial court's failure to give an instruction on the lesser-included offense of intentional second-degree murder.

Appeal No. 90,661: State v. Bobby Bruce White

The Court, in a unanimous decision authored by Justice Lawton Nuss, orders a new trial for a Great Bend man who was convicted of first-degree murder in the shooting death of his son-in-law at an Augusta Wal-Mart store, holding he should have been allowed to present testimony of an expert witness and in failing to instruct the jury regarding mental disease or defect.

Appeal No. 90,319: State v. Joshua James Robertson

The Court, in a unanimous decision authored by Justice Carol Beier, affirms the defendant's Butler County convictions of first-degree murder and aggravated burglary in the killing of Patricia Self and the burning of her home. He received the hard-50 prison sentence.

Docket No. 93,394: In Re: Jimmie A. Vanderbilt

The Court suspends the law license of an Oskaloosa attorney for one year based on his failure to file appellate court briefs in his capacity as Jefferson County Attorney and unauthorized use of a county cell phone and debit card. (His term of office expired in January.)

Docket No. 92,838: In Re: Gerald E. Hertach

The Court disbars a Hutchinson attorney based on his actions that resulted in his guilty plea to two counts of participation in a prohibited contract, for which he served one year in jail.

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