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Kansas Supreme Court Selected Opinion Summaries - March 28, 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 28 opinions. The full text of these decisions may be found at www.kscourts.org.

Appeal Nos. 95,575, 95,613, 95,639, 95,640 and 95,766: State v. Douglas S. Belt

The Court, in a unanimous decision authored by Justice Carol A. Beier, affirms the district court dismissals of six sexual assault cases from McPherson, Saline, and Reno counties that were consolidated on appeal arising from a series of seven assaults committed from 1989 through 1994. The Court ruled that the district courts were correct in determining that "John Doe" warrants were defective because they did not contain sufficient identifying information to toll the statute of limitations.

Appeal No. 95,945: State v. Timothy C. Bryant

The Court, in a unanimous decision authored by Justice Lawton R. Nuss, affirms the defendant's Wyandotte County convictions of felony murder and aggravated robbery, rejecting his six contentions of district court error.

Appeal No. 98,512: State v. Mario L. Mitchell

The court, in a unanimous decision authored by Justice Eric S. Rosen, reverses the defendant's Wyandotte County murder conviction for failure of the state to bring him to trial within the statutory speedy trial deadlines.

Appeal No. 97,119: State v. Glenn A. Heath Jr.

The Court, in a unanimous decision authored by Justice Robert E. Davis, affirms the Shawnee County District Court denial of his motion to correct an illegal sentence (life plus 68 months) that was imposed for felony murder and abuse of a child.

Appeal No. 96,608: State v. Terral A. Breedlove

The Court, in a unanimous decision authored by Justice Lawton R. Nuss, reverses the defendant's Sedgwick County felony murder conviction and related charges because he was a juvenile at the time the offenses occurred but had not been certified to stand trial as an adult in the case, even though he had been certified to stand trial as an adult in a second case. (The Court determined that he can be prosecuted again in the murder case.)

Docket No. 99,076: In Re: Patrick S. Bishop

The Court indefinitely suspends the law license of a Fort Scott attorney based upon his representation of a Fort Scott couple in two separate matters.

Docket No. 99,202: In Re: Cherie N. Crow

The Court indefinitely suspends the law license of a Prairie Village attorney based on her failure to cooperate in the investigation of a disciplinary complaint filed against her that was based on her failure to complete continuing legal education requirements and pay the annual registration fee.

Docket No. 99,409: In Re: Jeffrey T. Pittman

The Court disbars a Galena attorney based upon his representation in a post-divorce matter and upon his failure to report to an Oklahoma jail to serve a 30-day sentence for misdemeanor drug offenses. (To date, respondent has not been apprehended.)

Docket No. 99,495: In Re: Robert E. Wonder

The Court orders published censure for a Kansas City, MO, attorney licensed to practice law in an estate case.

Docket No. 98,844: In Re: George W. Swisher

The Court indefinitely suspends the law license of an Oskaloosa attorney based on his giving advice in a bankruptcy matter while his license to practice was suspended.

Docket No. 99,348: In Re: Clyde E. Lee

The Court disbars a Texarkana, Texas, attorney admitted to practice in Kansas based upon multiple findings of misconduct in Texas.

Docket No. 99,467: In Re: Troy L. Daugherty

The Court indefinitely suspends the law license of an Olathe attorney based on multiple findings of misconduct in Illinois that were reciprocal to misconduct findings in Missouri.

Docket No. 99,294: In Re: Stephen D. Harris

The Court orders three months suspension of a Topeka attorney's law license based upon his representation in two unrelated matters.

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