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Kansas Supreme Court Selected Opinion Summaries - February 2, 2007

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

Appeal No. 94,781: In Re: Winnebago Tribe of Nebraska v. Phill Kline, Attorney General, for the State of Kansas et al.

The Court, in a unanimous decision authored by Justice Donald L. Allegrucci (ret), rules that the state of Kansas cannot collect taxes on fuel from nonresident Indian tribes that import fuel from outside Kansas and deliver it to outlets on Indian reservations located within Kansas. Certified question from U.S. District Court, answering no to the federal court request for an interpretation of Kansas state law.

Appeal No. 95,396: Floyd S. Bledsoe v. State of Kansas

The Court, in a unanimous decision authored by Justice Carol A. Beier, affirms a Jefferson County decision denying Bledsoe's civil attack of his convictions of first-degree murder, aggravated kidnapping, and indecent liberties with a minor. (His convictions previously were affirmed after a direct appeal.)

Appeal No. 94,873: State v. Frankie Hernandez

The Court unanimously affirms the defendant's Wyandotte County convictions of first-degree felony murder and criminal discharge of a firearm, rejecting his claims that he was denied a fair trial due to the trial court's jury instruction on criminal discharge of a firearm, failure to instruct on the lesser included offenses of the murder count, and prosecutorial misconduct in closing arguments.

Docket No. 97,219: In Re: Micahel E. Lazzo

The Court orders published censure for a Wichita attorney based upon his failure to inform a judge of all material facts known to him when he obtained an order changing the name of a client.

Docket No. 97,218: In Re: Russell W. Hasenbank

The Court orders four years of supervised probation of a Liberal attorney's law practice based on his representation in five unrelated matters.

Docket No. 97,221: In Re: Stanley L. Wiles

The Court indefinitely suspends the law license of a Kansas City, MO, attorney based on his representation in five unrelated matters.