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Kansas Supreme Court Selected Opinion Summaries - April 28, 2006

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

Appeal No. 95,193: Board of County Commissioners of Leavenworth County v. Richard L. Whitson and Linda L. Whitson

The Court unanimously affirms a Leavenworth County decision enjoining the operators of a group home from using it to house Leroy Hendricks, who has been determined to be a sexually violent predator. (Majority opinion by Justice Carol A. Beier. Justices Eric Rosen and Donald L. Allegrucci concur in a separate opinion.)

Docket No. 95,452: In Re: Christopher E. Lucas

The Court disbars a Kansas attorney (formerly of Overland Park) based on his felony convictions theft and forgery.

Appeal No. 92,379: In Re: Appeal of Western Resources, Inc. and Kansas Gas & Electric Co. from an order of the Division of Taxation

The Court, in a unanimous decision authored by Justice Marla J. Luckert, reverses a Board of Tax Appeals order granting the utility a $2,676,245 refund for sales and compensating use tax paid on purchases of machinery and equipment used in its sale of electricity.

Appeal No. 89,671: State v. Richard I. Pennington

The Court, in a 6-1 decision, affirms the defendant's Sedgwick County convictions of aggravated kidnapping, attempted aggravated kidnapping, and two counts of aggravated robbery. Writing for the majority is Chief Justice Kay McFarland; dissenting is Justice Carol A. Beier.

Docket No. 95,688: In Re: Douglas Dean Eastepp

The court orders a two-year suspension of a Colorado Springs, Colo., attorney's Kansas law license based on his attorney discipline in Colorado and failure to comply with Kansas licensing requirements.