Andrew Johnson appeals his conviction for misdemeanor driving under the influence of alcohol (DUI). Johnson had a blood-alcohol concentration exceeding the legal limit after being stopped at a sobriety check point in Wichita. Johnson challenges the district court's failure to dismiss the proceedings based on the destruction of the arresting officer's field notes and failure to preserve a breath sample stored in the Intoxilyzer 5000. He also argues the trial court erroneously denied his motion...  

In this appeal, we affirm the Workers Compensation Board's award of permanent total disability benefits to Steven M. Conrow. Conrow's former employer, Globe Engineering Co., Inc., and its insurer argue against the award, contending the evidence is insufficient to support the Board's finding that Conrow was unemployable. Looking at the record as a whole, including the evidence that detracts from the Board's findings, we hold that substantial competent evidence supports the Board's conclusion...  

This is an appeal by the employer from an award entered in favor of the claimant-employee. The Kansas Workers Compensation Board (Board) determined that the employee, a police officer, who suffered a twinge in his right knee during his employment while pursuing a suspect and who did not know he had suffered an injury which could lead to a compensable disability until nearly 2 1/2 months later when he visited his family physician for some medical issues unrelated to his right knee and who failed...  

Kevin J. LaBelle appeals the Court of Appeals' affirmation of the district court's denial of his motion to correct an illegal sentence. We granted LaBelle's petition for review; our jurisdiction is under K.S.A. 20-3018(b)... The issues on appeal, and our accompanying holdings, are as follows:... 1. Did the district court err in classifying LaBelle as a persistent sex offender and in ultimately doubling his sentence pursuant to K.S.A. 21-4704? Yes... 2. Did the district court violate LaBelle's...  

Shannon Aguilar pleaded guilty to possession of cocaine in a constructive possession case. Before sentencing, she moved to withdraw her plea. She claimed, among other things, that her counsel had a conflict of interest because of his concurrent representation of Aguilar's codefendant. The trial court denied her motion, and the Court of Appeals affirmed. State v. Aguilar, 95,249 unpublished opinion filed February 16, 2007. This court granted Aguilar's petition for review... FACTUAL AND...  

Defendant William Willard Sheldon was charged with three counts of making a false information and two counts of felony obstruction of an official duty arising out of firearm pawns. The district court judge dismissed one obstruction count,... ... ... and a jury convicted Sheldon on the remaining charges. He appealed. The Court of Appeals reversed the three false information convictions but affirmed the obstruction conviction. This court granted Sheldon's petition for review on the obstruction...  

This is an action for child support brought by the State of Kansas ex rel. Secretary of Social and Rehabilitation Services, Alecia Taylor (the biological mother of J.L.K.), and J.L.K., by and through Alecia Taylor (collectively referred to as SRS). SRS appeals the district court's decision that Shedrick J. Kimbrel, Sr., is not the father of J.L.K. and is not legally obligated to support the child after genetic testing proved he is not J.L.K.'s biological father. We affirm... The question...  

Alcena Dawson appeals from the district court's summary denial of his K.S.A. 22-3504 motion to correct an illegal sentence. Dawson claims that a literal reading of K.S.A. 22-3504 requires the district court to appoint counsel and conduct a hearing on his motion, and that he had a right to be present at the hearing. Dawson essentially asks this court to overturn State v. Duke, 263 Kan. 193, 195-96, 946 P.2d 1375 (1997), in which our Supreme Court rejected this very argument... Aside from the...  

In this appeal of an order granting summary judgment to the Trustees of the Police & Fire Retirement Board of the City of Wichita, we affirm the district court because the claimant, Angel L. Medina, failed to show his injury, arising from him getting out of a patrol car, was a service-connected disability as envisioned in the city's ordinance. We affirm the Board's denial of benefits to Medina just as the district court ruled. Before discussing the merits of the case though, we must address two...  

ORDER OF REINSTATEMENT... On January 16, 2009, this court suspended the petitioner, Frederick B. Campbell, from the practice of law in Kansas for a period of 6 months. See In re Campbell, 287 Kan. 757, 199 P.3d 776 (2009). In addition, before reinstatement, the petitioner was required to follow the procedure outlined in Supreme Court Rule 219 (2009 Kan. Ct. R. Annot. 376) and to address the possibility that a medical or psychological condition may have contributed to the conduct leading to the...  

Ric Almack, d/b/a Ric Almack Estate Sales & Appraisals, appeals the judgment of the district court granting Almack default judgment, as a sanction against Jim Steeley, d/b/a Steeley & Associates, and awarding Almack $5,717.50. The court affirmed a magistrate court's decision as a sanction for discovery violations but reduced the amount awarded by the magistrate court from nearly $25,000 to $5,717.50. Almack argues the district court erred in denying him an election of remedies, denying the full...  

Milano's, Inc. (Milano's) appeals the district court's order affirming the Kansas Department of Labor's (KDOL) decision that the Club Orleans'... ... ... entertainers are employees and not independent contractors under the Kansas Employment Security Law (KESL), K.S.A. 44-701 et seq. We affirm... In July 2002, Milano's acquired a controlling interest in Club Orleans, a gentlemen's club. In 2004, Milano's designated their entertainers as independent contractors... In response to an unemployment...  

Kissick Construction Company (Kissick) and its insurance company, Builders Mutual Casualty Co. (collectively appellants), appeal from a decision by the Workers Compensation Board (Board) to award Michael Wiehe workers compensation benefits. While working for Kissick, Wiehe was injured when the machine he was operating tipped over and he was ejected from the machine. Shortly after the accident, Wiehe underwent drug testing, which revealed a level of marijuana that demonstrated a conclusive...  

P.S., the natural father of J.O. (born September 29, 2007), appeals the district court's termination of his parental rights. Father argues he was denied due process when he was not allowed to participate by telephone in the hearing that resulted in the termination. We agree with Father, reverse the judgment of termination, and remand for further proceedings... Factual and Procedural Background... Shortly after J.O.'s birth, concerns for J.O.'s safety and well-being caused the State to file a...  

Scott Dukes appeals the Court of Appeals' affirmation of his convictions of driving while under the influence of alcohol and driving with a suspended license. Dukes argues that the district court violated his Sixth Amendment Confrontation Clause rights when it admitted into evidence breathalyzer certification documents and a certified driving record without requiring the preparers of the evidence to testify... In State v. Dukes, 38 Kan. App. 2d 958, 961-62, 174 P.3d 914 (2008), the Court of...  

This case arises out of the district court's denial of Stanton Holt's fourth motion for post-conviction relief under K.S.A. 60-1507. The court not only denied the motion without appointment of counsel and hearing but also barred Holt from filing "further K.S.A. 60-1507 or similar motions surrounding this case." Holt appealed, challenging both the denial of the present motion and the blanket prohibition of future motions. We transferred the case from the Court of Appeals pursuant to...  

ORDER OF REINSTATEMENT... On January 22, 2010, this court suspended the respondent, David J. Harding, from the practice of law in Kansas for a period of 90 days. See In re Harding, 290 Kan. 81, 223 P.3d 303 (2010). Before reinstatement, the respondent was required to pay the costs of the disciplinary action and comply with Supreme Court Rule 218 (2009 Kan. Ct. R. Annot. 361). The Disciplinary Administrator's office has verified that the respondent has fully complied with the conditions imposed...  

Emmis Communications and Todd Spessard appeal from the jury verdict decided against them in a tort action relating to their news coverage of the arrest... ... ... of a suspect in the BTK case. Melanie Valadez, the administrator of the Estate of Roger G. Valadez (Estate), cross-appeals from the judgment of the district court limiting the amount and scope of damages... From 1974 to 1986, a series of at least eight homicides in the Wichita, Kansas, area were linked to an individual who identified...  

In this divorce action, Jeffrey Vandenberg appeals the trial court's orders relating to residential custody, maintenance, property division, and attorney fees. We affirm the trial court's orders... In particular, we address a question of first impression in Kansas: May a trial court considering an initial divorce decree deny an award of maintenance to an ex-spouse solely because the ex-spouse is engaged in same-sex cohabitation? As discussed more fully below, we conclude that in the absence of...  

Karl Bowlin appeals from his bench trial conviction and sentence for involuntary manslaughter in violation of K.S.A. 21-3404. In addition, Bowlin appeals from the trial court's judgment denying his ineffective assistance of counsel claims after an evidentiary hearing. Bowlin first argues that his trial counsel was ineffective in not moving to suppress his statements made during a police interrogation. We agree with Bowlin's argument. The appellate record in this case establishes that there were...