Pishny v. Bd. of County Com'rs of Johnson
Court of Appeals of Kansas · 2012-05-04 · cited 3×
In Pishny v. Bd. of County Com'rs of Johnson, a coalition of landowners (the No to Annexation Coalition) challenged the Johnson County Board of Commissioners' resolution approving the City of Overland Park's 2007 petition to annex about 15 square miles of unincorporated land, arguing lack of jurisdiction, insufficient evidence, due process violations, and failure to comply with K.S.A. 12-521. The court affirmed the Board's decision granting annexation. It held that the Board retained jurisdiction because it left the record open after the public hearing rather than adjourning sine die, and the statutory seven-day deadline for deciding was directory rather than mandatory. The court further ruled that substantial evidence supported the Board's findings on orderly growth and service extension, that opponents received proper notice and a meaningful hearing, and that the City and Board substantially complied with all annexation statutes.
propertyprocedure
State Ex Rel. Srs v. Ketzel
Court of Appeals of Kansas · 2012-05-04 · cited 3×
In this case, Kevin Ketzel challenged a Kansas district court's authority to increase his child support obligation for his daughter Alexandra after her mother, Cheri Bradish, moved with the child to Hong Kong in 2008 and Ketzel had relocated to Missouri. The Kansas Court of Appeals reversed the district court's modification order, holding that the court lacked continuing, exclusive jurisdiction under the Uniform Interstate Family Support Act (K.S.A. 23-9,205(a)). The core reasoning was that Kansas loses modification authority once the obligor, obligee, and child all cease to reside in the state, as shown here by the mother's Hong Kong address, employment, marriage, school enrollment, identity card, and termination of Medicaid, combined with the father's Missouri residence; the mother's assertions of retained Kansas domicile through a driver's license, voter registration, and tax filings were insufficient to establish residency under the Act. The court remanded with directions to transfer the matter to Missouri.
family law
State v. Behrendt
Court of Appeals of Kansas · 2012-04-27 · cited 5×
In State v. Behrendt, the defendant pled no contest to felony theft after stealing beer from his employer, a beverage distributor, and the trial court sentenced him to probation with a 45-day jail condition while ordering $7,870.55 in restitution based on the retail value of the stolen beer. Behrendt appealed, challenging both the jail sanction and the restitution amount. The Kansas Court of Appeals affirmed the jail condition as a valid probation term but reversed the restitution award, holding that it must reflect the victim's actual loss. The court reasoned that, under K.S.A. 21-4610(d)(1) and precedents requiring restitution to equal the amount needed to reimburse actual damages without a windfall, a wholesale distributor's loss is measured by wholesale replacement cost rather than retail price, which would improperly include lost profits. The case was remanded for recalculation of restitution using the wholesale value.
criminal lawprocedure
Bell v. State
Court of Appeals of Kansas · 2011-09-16 · cited 10×
In Bell v. State, Eric Bell was convicted of rape by a jury that included Greg Black, who had a pending rape charge against him in another county but twice remained silent when the prosecutor asked all prospective jurors during voir dire whether they had ever been arrested for anything. Bell filed a K.S.A. 60-1507 motion for a new trial, which the district court denied on the ground that Bell had not shown the juror’s undisclosed charge had actually affected the verdict. The Kansas Court of Appeals reversed, holding that a new trial is required when a juror intentionally conceals information on a matter closely related to the case that would have supported a for-cause challenge, even without proof of specific prejudice. The court relied on Kansas precedent (Kerby v. Hiesterman) and federal standards (McDonough) recognizing that such dishonesty undermines the right to an impartial jury, and it applied the Chapman harmless-error test to conclude the State could not show beyond a reasonable doubt that the juror’s presence had no effect.
criminal lawprocedurecivil rights
State v. Ralston
Court of Appeals of Kansas · 2011-06-10 · cited 6×
The case involved Abby Ralston, a passenger in a stolen vehicle that crashed during a police chase, who appealed the denial of her motion to suppress methamphetamine found in her purse during a warrantless search of the vehicle. The court affirmed the district court's ruling, concluding that Ralston lacked standing to challenge the search of either the vehicle or her purse. The core reasoning was that a passenger in a stolen vehicle has no legitimate expectation of privacy in the vehicle or items left inside it, particularly where the record contained no admissible evidence that Ralston was unaware the vehicle was stolen, and any claim of abandonment was secondary to the standing issue.
criminal lawprocedure
State v. ORLOSKE
Court of Appeals of Kansas · 2011-06-10
In State v. Orloske, the defendant was charged with methamphetamine possession after a traffic stop where an officer, observing him attempting to swallow a baggie of drugs, applied pressure to his throat, bent him over a patrol car, and delivered two knee strikes to the thigh to induce him to spit it out; the baggy was recovered and admitted into evidence over Orloske's objection at trial that the force constituted torture or excessive force requiring suppression. The trial court overruled the objection, found probable cause and exigent circumstances justified the search, convicted Orloske, and imposed probation. On appeal, the court affirmed, holding that the actions were reasonable under the circumstances to prevent evidence destruction, caused no injury, were not shocking to the conscience, and did not require suppression where no pretrial motion had been filed and the officer's testimony described only routine measures.
criminal lawcivil rightsprocedure