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Kansas Supreme Court Selected Opinion Summaries - March 16, 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 26 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 95,890: State v. Alfred J. Williams Jr.

The Court, in a unanimous decision authored by Justice Lee A. Johnson, affirms a Johnson County decision denying the defendant's motion to correct his sentence of life imprisonment (hard 25), based on his convictions of two counts of first-degree murder and four counts of attempted first-degree murder. The Court rejected his contention that he should have been tried and sentenced under the Juvenile Offender Code.

Appeal No. 92,512: State v. Larry Shoptease Jr.

The Court, in a unanimous decision authored by Justice Carol A. Beier, affirms a Brown County decision denying the defendant's motion to withdraw his no contest pleas to one count each of first-degree murder and aggravated burglary, rejecting his contentions that the plea was not made voluntarily, based on his marginal I.Q., coupled with his unmedicated mental illness.

Appeal No. 94,244: State v. William D. Albright

The Court, in a unanimous decision authored by Justice Carol A. Beier, affirms the defendant's Kingman County first-degree murder conviction and hard-40 sentence, rejecting his challenge of the constitutionality of the hard-40 life sentence and the denial of his motions for a mistrial and allegations of prosecutorial misconduct during closing argument.

Appeal No. 93,973: State v. Rafael L. Flores

The Court, in a unanimous decision authored by Justice Carol A. Beier, affirms a Ford County decision denying the defendant's motion to correct his sentence, which included a life sentence based on his no contest plea to one count each of first-degree murder and voluntary manslaughter, rejecting his contention that he should not have been sentenced as an adult.

Appeal No. 94,815: State v. Joseph D. Morton

The Court, in a unanimous decision authored by Justice Carol A. Beier, affirms the defendant's Wyandotte County convictions upon retrial of first-degree murder and aggravated robbery, rejecting his contentions that prosecutorial misconduct in his first trial precluded the second trial, that the district court's original ruling on a motion to exclude certain expert testimony should have controlled the issue on retrial, and that the state failed to prove premeditation beyond a reasonable doubt.

Docket No. 97,528: In Re: Thomas E. Gackle

The Court indefinitely suspends the law license of a Plymouth, MI, attorney who is licensed in Kansas.

Docket No. 97,520: In Re: Michael J. Waite

The Court indefinitely suspends the law license of a Leavenworth attorney.

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