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Topeka Kansas 66612-1507

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Kansas Supreme Court Selected Opinion Summaries - June 4, 2010

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 filed decisions in four appeals today, the full text of which may be found at the appeal link:

Appeal No. 100,865 - Case Summary : Karen Martinez v. Milburn Enterprises, Inc., in which the Court ruled for the first time that juries may be told not only the amount billed by a medical services provider in a personal injury case but also a reduced amount the provider may have accepted as payment in full. (4-3 decision, reversing Rice County District Court, majority opinion by Justice Lawton R. Nuss.)

Appeal No. 99,491: Jill Powell v. Kansas Department of Revenue, reversing State Civil Service Board's failure to consider awarding attorney fees in a "whistle blower" proceeding in which the Department of Revenue prevailed. (Unanimous, authored by Justice Nuss, reversing Court of Appeals and Shawnee County District Court.)

Appeal No. 99,014: State v. Damon L. Allen, reversing defendant's Seward County conviction of one count of possession of cocaine with intent to sell based on the trial court's failure to give a so-called unanimity instruction, because it is plausible that jurors under the facts of this case would not have agreed on the element of possession. (Unanimous decision authored by Justice Eric S. Rosen.)

Appeal No. 99,217: State v. Stephen J. McGinnis, affirming the defendant's Atchison County conviction of transporting an open container and felony driving under the influence based his fourth DUI conviction. (Unanimous decision authored by Justice Nuss.)