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Kansas Supreme Court Selected Opinion Summaries - February 1, 2008

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: keefover@kscourts.org.


The Supreme Court today filed 27 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal No. 95,672: State v. Paul D. Drayton

The Court, in a unanimous decision authored by Justice Lawton R. Nuss, affirms the defendant's Sedgwick County convictions of first-degree murder and felony theft, as well as his resulting sentence of life imprisonment without the possibility of parole for 25 years. (A trial court order that the defendant reimburse the Board of Indigent Defense Services for attorney's fees is reversed, however.)

Appeal No. 91,466: State v. Darrell L. Farmer

The Court, in a 5-2 decision authored by Chief Justice Kay McFarland, affirms the defendant's Montgomery County convictions of first-degree felony murder, criminal discharge of a firearm at an occupied vehicle and other charges related to a car shooting and a subsequent residential burglary and assault. In a separate concurring and dissenting opinion, Justices Carol A. Beier and Lee A. Johnson would have reversed Farmer's murder and discharge of a firearm convictions.

Appeal No. 96,744: State v. Dustin O. Holt

The Court, in a unanimous decision authored by Justice Lawton R. Nuss, affirms the defendant's Wabaunsee County convictions of first-degree premeditated murder and conspiracy to commit murder and his resulting sentence of life without the possibility of parole for 25 years plus 131 months for conspiracy. (The court remands a trial court order for payment of unspecified Board of Indigent Defense Services fees, something the prosecution conceded on appeal.)

Docket No. 98,963: In Re: Phillip A. Brooks

The Court orders published censure for a Kansas City, MO, attorney licensed to practice law in Kansas based on his guilty plea to the misdemeanor charge of willfully failing to pay income taxes to the Internal Revenue Service.

Docket No. 99,203: In Re: Shelley Kurt Bock

The Court places a Lawrence attorney's law practice under three years supervised probation based on his representation in a divorce and a conservatorship matter.

Docket No. 99,079: In Re: Scott L. Ruther

The Court orders indefinite suspension of a Lenexa attorney's law license based on the Board for the Discipline of Attorneys finding that he co-mingled personal funds with those of a client.

Docket No. 99,077: In Re: James P. Davidson

The Court orders indefinite suspension of a Salina attorney's law license based on numerous DUI-related convictions and having a conflict of interest with that of a client.

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