Steven M. McCarley was convicted by a jury of reckless aggravated battery, a severity level 5 person felony. The conviction, however, was erroneously classified as a severity level 8 person felony in the presentence investigation report. Because no one caught the error, the trial court sentenced McCarley to the appropriate grid sentence under the Kansas Sentencing Guidelines Act for a level 8 offense—23 months' imprisonment—rather than the level 5 offense—122 to 136 months'...  

This is the appeal of Jerry Allen Horn from the upward departure sentence entered after he pled guilty to seven sex crimes with a 10-year-old boy... Horn's arguments revolve around the procedure involved in impaneling a jury to consider whether a fiduciary relationship existed between Horn and the victim as an aggravating factor to justify an upward durational departure sentence... The record reflects that Horn was charged with three counts of aggravated criminal sodomy with a child under the...  

Defendant Terri Yenzer appeals her conviction of obstruction of legal process, alleging the trial court erred in denying her motion to suppress evidence obtained pursuant to an alleged violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191, 110 Stat. 1936 (codified in various sections of 18, 29, and 42 U.S.C.) (1996). Yenzer also contends the trial court improperly enhanced her sentence without requiring her prior criminal history to be proven to a...  

Marsha Inez Preston appeals the district court's ruling that the amount of time she participated in an inpatient drug treatment program while on probation would not be credited as service on her underlying prison sentence. Acknowledging that K.S.A. 21-4603d(n) specifically precludes jail time credit for participation in the certified drug abuse treatment program mandated by K.S.A. 21-4729, Preston argues that (1) K.S.A. 21-4603d(n) should be construed as not conflicting with the jail time...  

Fort Hays State University (FHSU) appeals the district court's order upholding an award of the Kansas Public Employee Relations Board (PERB) to FHSU's former employee, Frank Gaskill, in the amount of $12,772.80 in damages as a result of a prohibited practice complaint made by the Fort Hays State University Chapter of the American Association of University Professors (AAUP). FHSU principally argues that PERB had no authority to award monetary damages to Gaskill under these circumstances. AAUP...  

David Wilkinson pled guilty to a second charge of possession of cocaine based on a plea agreement in which the State agreed to recommend that his sentences for the two convictions be concurrent. The concurrent sentences were a significant incentive for the plea because concurrent sentences all share the same clock: the defendant serves only the longest sentence as less serious ones tick away alongside it. Consecutive sentences run separately and result in longer time in prison. But before...  

Christopher Thurber appeals a grant of summary judgment confirming an arbitration award. We affirm... Magicure Automotive Restoration, Inc., a Pennsylvania corporation (Magicure); Robert Nowicki, owner and president of Magicure; Dan McLaughlin, Inc., a New Jersey corporation (Dan McLaughlin, Inc.); and Dan McLaughlin, owner and president of Dan McLaughlin, Inc. (collectively Plaintiffs), entered into a state distributorship agreement in January 2004 and May 2004 with Project Paint Research...  

This appeal raises the issue of whether a 6-year delay between issuance and execution of a probation revocation warrant was unreasonable, constituting a denial of due process that deprived the district court of jurisdiction over a probation violator who was imprisoned on unrelated charges. To resolve this issue, we must determine two questions of first impression in Kansas: (1) Does the State waive a probation violation if it lodges a detainer but does not conduct a probation revocation hearing...  

This is an appeal from a district court order approving the Morris County Board of County Commission's award of $4,050 in damages to Davenport Pastures, LP. The Commission made the award because it had closed two unimproved roads that touched the north end of Mulvane Ranch, a ranch that Davenport had leased for cattle grazing. Davenport had asked for more than $300,000 in damages. Because the Commission acted within the scope of its authority and substantial competent evidence supports its...  

Graceland College Center for Professional Development and Lifelong Learning, Inc., d/b/a SkillPath (hereafter referred to as SkillPath), appeals the decision of the Board of Tax Appeals (BOTA) that SkillPath does not qualify as an "educational institution" under K.S.A. 2007 Supp. 79-3602(l) and, therefore, is not entitled to an exemption from Kansas sales tax pursuant to K.S.A. 2007 Supp. 79-3606(c). Concluding that BOTA erred in its interpretation and application of the statutes, we...  

Angelo Ortega-Cadelan pled guilty to one count of rape in violation of K.S.A. 21-3502(a)(2) (sexual intercourse with child under 14 years of age). He received a mandatory life sentence without the possibility of parole for 25 years and postrelease supervision for life. Ortega-Cadelan appeals his sentence. Raising a new issue on appeal, he argues his sentence constitutes cruel or unusual punishment. In addition, he argues the district court abused its discretion by denying his motion for a...  

Defendant Gregory A. Moore appeals from his convictions on one count of capital murder, four counts of attempted capital murder, one count of aggravated kidnapping, and one count of criminal possession of a firearm. We address three issues: (1) whether the district judge should have instructed Moore's jury on voluntary manslaughter based on imperfect self-defense; (2) whether the district judge should have instructed the jury on voluntary intoxication; (3) whether the district judge should have...  

To be convicted of an attempt to commit a crime, a defendant must intentionally take a first step towards committing that crime. Our courts call that step "performing an overt act." In this appeal of his conviction for attempted indecent liberties with a child, John Risinger contends the State did not present enough evidence to prove he performed an overt act toward committing that crime. After our review of the record on appeal, we find three facts, when considered together,...  

Dorian Richardson appeals his convictions of fleeing or attempting to elude a police officer, reckless driving, and driving while suspended. Richardson claims: (1) the district court erroneously instructed the jury on fleeing or attempting to elude a police officer; (2) his convictions of reckless driving and driving while suspended were multiplicitous with his conviction of fleeing or attempting to elude a police officer; (3) his conviction of fleeing or attempting to elude a police officer...  

Stephen James McGinnis appeals his convictions of felony driving under the influence of alcohol (DUI) and transporting an open container. McGinnis claims the district court erred in denying his motion to suppress the evidence. Specifically, McGinnis argues that the arresting officer stopped and detained McGinnis without reasonable suspicion of criminal activity, thereby making the stop illegal. But because the initial contact between McGinnis and the arresting officer constituted a voluntary...  

In June 2005 Steve and Karen Chism purchased a new vehicle from Quality Motors of Independence, Inc. As a part of the transaction, the dealership's business manager, Dennis Urban, offered to sell them a Protective Life Insurance, Co., credit life insurance policy that would pay off their car loan if either of them died. In her appellate brief, Karen characterizes Quality Motors as an authorized agent for Protective... Steve had been diagnosed with high blood pressure in 1991, Type II diabetes...  

This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Andrew E. Busch, of Bentonville, Arkansas, an attorney admitted to the practice of law in Kansas... The formal complaint filed against the respondent alleged a violation of Kansas Rule of Professional Conduct (KRPC) 8.4(b) (2007 Kan. Ct. R. Annot. 559) (commission of a criminal act). A hearing was held before a panel of the Kansas Board for Discipline of Attorneys, where the respondent was...  

This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Respondent, Bobby Lee Thomas, Jr., an Olathe attorney licensed to practice law in Kansas since September 2000... The alleged misconduct arises from seven complaints, DA10127, DA10143, DA10144, DA10163, DA10178, DA10198, and DA10242... In September 2007, the Disciplinary Administrator filed a formal complaint. A second formal complaint was filed in November 2007. Respondent...  

This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against Richard E. Jones, an attorney admitted to the practice of law in Kansas on September 14, 1973. Respondent's last registration address filed with the Clerk of the Appellate Courts of Kansas is in Topeka, Kansas... The office of the Disciplinary Administrator filed two formal complaints against Respondent. The first complaint, filed August 29, 2007, contained four counts of...  

This is an original uncontested proceeding in discipline filed by the office of the Disciplinary Administrator against the respondent, Michael L. Jones, a Wichita attorney admitted to the practice of law in Kansas in 1968... The hearing panel found that the respondent violated Kansas Rules of Professional Conduct (KRPC) 1.3 (2007 Kan. Ct. R. Annot. 398) (diligence); KRPC 1.15(b) (2007 Kan. Ct. R. Annot. 473) (duty to promptly deliver funds or property of a client or third party); KRPC 8.1(b)...