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Kansas Case Commentaries

Kansas Supreme Court Establishes Enhanced Standards for Effective Assistance of Counsel in Jury Instruction Errors

Kansas Supreme Court Establishes Enhanced Standards for Effective Assistance of Counsel in Jury Instruction Errors

Date: Feb 15, 2014
Kansas Supreme Court Establishes Enhanced Standards for Effective Assistance of Counsel in Jury Instruction Errors Introduction The case of Martin Miller v. State of Kansas (318 P.3d 155) presents a...
Kansas Supreme Court Affirms Abrogation of Vicarious and Independent Liability for Covered Health Care Providers under K.S.A. 40–3403(h)

Kansas Supreme Court Affirms Abrogation of Vicarious and Independent Liability for Covered Health Care Providers under K.S.A. 40–3403(h)

Date: Jan 25, 2014
Kansas Supreme Court Affirms Abrogation of Vicarious and Independent Liability for Covered Health Care Providers under K.S.A. 40–3403(h) Introduction In the landmark case of Angela Cady v. John...
Interpreting Statutory Time Limits for Motions for New Trial: Kansas Supreme Court Clarifies Mandatory Deadline

Interpreting Statutory Time Limits for Motions for New Trial: Kansas Supreme Court Clarifies Mandatory Deadline

Date: Dec 7, 2013
Interpreting Statutory Time Limits for Motions for New Trial: Kansas Supreme Court Clarifies Mandatory Deadline Introduction STATE of Kansas v. Stanton Holt, 313 P.3d 826 (Kansas Supreme Court,...
Res Judicata Reinforced in STATE v. ROBERTSON: Implications for Illegal Sentencing Corrections

Res Judicata Reinforced in STATE v. ROBERTSON: Implications for Illegal Sentencing Corrections

Date: Nov 9, 2013
Res Judicata Reinforced in STATE v. ROBERTSON: Implications for Illegal Sentencing Corrections Introduction State of Kansas v. Joshua Robertson, 312 P.3d 361 (Kan. 2013), is a pivotal case in Kansas...
Admissibility and Fair Trial Standards in Capital Murder: Insights from State v. Lowrance

Admissibility and Fair Trial Standards in Capital Murder: Insights from State v. Lowrance

Date: Nov 9, 2013
Admissibility and Fair Trial Standards in Capital Murder: Insights from State v. Lowrance Introduction State of Kansas v. Christopher M. Lowrance is a pivotal case adjudicated by the Supreme Court of...
Sierra Club v. Moser: Affirmation of Associational Standing and Enforcement of New EPA Emission Standards in PSD Permits

Sierra Club v. Moser: Affirmation of Associational Standing and Enforcement of New EPA Emission Standards in PSD Permits

Date: Oct 5, 2013
Sierra Club v. Moser: Affirmation of Associational Standing and Enforcement of New EPA Emission Standards in PSD Permits Introduction In the landmark case Sierra Club, Appellant, v. Robert Moser, the...
Expanded Associational Standing in Historic Preservation: Friends of Bethany Place, Inc. v. City of Topeka

Expanded Associational Standing in Historic Preservation: Friends of Bethany Place, Inc. v. City of Topeka

Date: Aug 24, 2013
Expanded Associational Standing in Historic Preservation: Friends of Bethany Place, Inc. v. City of Topeka Introduction The landmark case Friends of Bethany Place, Inc. v. City of Topeka adjudicated...
Kansas Supreme Court: Single Communicated Threat as Unit of Prosecution in Criminal Threat Statute

Kansas Supreme Court: Single Communicated Threat as Unit of Prosecution in Criminal Threat Statute

Date: Aug 10, 2013
Single Communicated Threat as the Unit of Prosecution: Kansas Supreme Court's Landmark Ruling in State v. King Introduction In the pivotal case of State of Kansas v. Kameron King, the Supreme Court...
State v. Friday: Refined Standards for Prosecutorial Misconduct and Aiding and Abetting Liability

State v. Friday: Refined Standards for Prosecutorial Misconduct and Aiding and Abetting Liability

Date: Aug 10, 2013
State v. Friday: Refined Standards for Prosecutorial Misconduct and Aiding and Abetting Liability Introduction State v. Friday is a landmark decision by the Supreme Court of Kansas that delves into...
Kansas Supreme Court Clarifies the Scope of the Economic Loss Doctrine in Negligent Misrepresentation Cases

Kansas Supreme Court Clarifies the Scope of the Economic Loss Doctrine in Negligent Misrepresentation Cases

Date: Jul 27, 2013
Kansas Supreme Court Clarifies the Scope of the Economic Loss Doctrine in Negligent Misrepresentation Cases Introduction In the landmark decision of Kenneth Rinehart and Beverly Rinehart v. Morton...
Standing as a Component of Subject Matter Jurisdiction: Insights from TERNES v. GALICHIA

Standing as a Component of Subject Matter Jurisdiction: Insights from TERNES v. GALICHIA

Date: Jul 27, 2013
Standing as a Component of Subject Matter Jurisdiction: Insights from TERNES v. GALICHIA Introduction The case of Herman M. Ternes v. Joseph P. Galichia, M.D., et al. (297 Kan. 918) adjudicated by...
Clarification on Admissibility of Sexual Orientation Evidence and Sentencing Standards in Kansas: STATE vs. Dean J. BOLEYN, Jr.

Clarification on Admissibility of Sexual Orientation Evidence and Sentencing Standards in Kansas: STATE vs. Dean J. BOLEYN, Jr.

Date: Jun 15, 2013
Clarification on Admissibility of Sexual Orientation Evidence and Sentencing Standards in Kansas: STATE vs. Dean J. BOLEYN, Jr. Introduction In the landmark case of STATE of Kansas v. Dean J. BOLEYN,...
Procedural Requirements for Appellate Attorney Fees under K.S.A. 40-908: Insights from Snider v. American Family Mutual Insurance Co.

Procedural Requirements for Appellate Attorney Fees under K.S.A. 40-908: Insights from Snider v. American Family Mutual Insurance Co.

Date: Apr 20, 2013
Procedural Requirements for Appellate Attorney Fees under K.S.A. 40-908: Insights from Snider v. American Family Mutual Insurance Co. Introduction The Supreme Court of Kansas, in the case of Eugene...
Kansas Supreme Court Limits Buyer Acknowledgment Protections in Real Estate Transactions

Kansas Supreme Court Limits Buyer Acknowledgment Protections in Real Estate Transactions

Date: Apr 13, 2013
Kansas Supreme Court Limits Buyer Acknowledgment Protections in Real Estate Transactions Introduction In the landmark case of STECHSCHULTE v. JENNINGS, decided by the Supreme Court of Kansas on April...
Kansas v. Herbel: Affirming Defendant's Right to Presence at Critical Trial Stages and Strict Preservation of Appellate Issues

Kansas v. Herbel: Affirming Defendant's Right to Presence at Critical Trial Stages and Strict Preservation of Appellate Issues

Date: Apr 6, 2013
Kansas v. Herbel: Affirming Defendant's Right to Presence at Critical Trial Stages and Strict Preservation of Appellate Issues Introduction In the landmark case of STATE of Kansas v. Randy Herbel,...
Kansas Supreme Court Strengthens Right to Counsel During Police Interrogations

Kansas Supreme Court Strengthens Right to Counsel During Police Interrogations

Date: Apr 6, 2013
Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For advice regarding specific legal issues, please consult a qualified attorney. Kansas...
Affirmation of Jessica's Law Sentencing Standards in STATE v. Roy Seward

Affirmation of Jessica's Law Sentencing Standards in STATE v. Roy Seward

Date: Mar 23, 2013
Affirmation of Jessica's Law Sentencing Standards in STATE v. Roy Seward Introduction In State of Kansas v. Roy Seward (2013), the Supreme Court of Kansas addressed significant constitutional...
Kansas Supreme Court Establishes Precedent on Right of First Refusal and Good Faith in Package Deals

Kansas Supreme Court Establishes Precedent on Right of First Refusal and Good Faith in Package Deals

Date: Mar 23, 2013
Kansas Supreme Court Establishes Precedent on Right of First Refusal and Good Faith in Package Deals Introduction In the landmark case of Waste Connections of Kansas, Inc. v. Ritchie Corporation, 296...
K.S.A. 55–1210(c) Upholds Rule of Capture for Migrating Gas: Northern Natural Gas Company v. OneOK Field Services Company

K.S.A. 55–1210(c) Upholds Rule of Capture for Migrating Gas: Northern Natural Gas Company v. OneOK Field Services Company

Date: Mar 16, 2013
K.S.A. 55–1210(c) Upholds Rule of Capture for Migrating Gas: Northern Natural Gas Company v. OneOK Field Services Company Introduction In Northern Natural Gas Company v. OneOK Field Services Company,...
Defective Complaint Claims Cannot Be Addressed via K.S.A. 22-3504 Motions: Kansas Supreme Court Establishes New Precedent

Defective Complaint Claims Cannot Be Addressed via K.S.A. 22-3504 Motions: Kansas Supreme Court Establishes New Precedent

Date: Mar 9, 2013
Defective Complaint Claims Cannot Be Addressed via K.S.A. 22-3504 Motions: Kansas Supreme Court Establishes New Precedent Introduction The case of State of Kansas v. Christopher M. Trotter, decided...
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