This K.S.A. 60-1507 appeal involves movant Michael D. Wilkins' 1996 convictions arising out of the 1993 murder of David Shipley. The district judge denied Wilkins collateral relief after an evidentiary hearing on his ineffective assistance of counsel and Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194 (1963), claims. A panel of our Court of Appeals reversed and remanded for new trial in Wilkins v. State, No. 95,023, unpublished opinion filed November 22, 2006. We granted the...  

Marcy Faith Carapezza appeals her convictions for felony murder, aggravated burglary, aggravated robbery, and misdemeanor theft. Carapezza contends the district court erroneously admitted evidence in violation of her constitutional rights and the rules of evidence. This court concludes that prejudicial error occurred in the course of the trial, and the case is remanded for retrial... Sixty-four-year-old Mary Clark was found dead in her home on May 5, 2004. A glove had been shoved into her...  

Jason Cole Hughes appeals his convictions for felony murder and aggravated burglary. Hughes contends the district court erroneously admitted evidence in violation of his constitutional rights and the rules of evidence. This court concludes that prejudicial error occurred in the course of the trial, and the case is remanded for retrial... Hughes and Marcy Carapezza were charged as codefendants with the homicide of Mary Clark. They were tried separately, and both were convicted and have appealed...  

This case involves an appeal from the denial of a stepparent adoption. The Court of Appeals affirmed the district court's decision, holding that the natural father's consent was necessary since he had performed his parental duties during the 2 years preceding the adoption petition. In re Adoption of G.L.V., 38 Kan. App. 2d 144, 163 P.3d 334 (2007). We granted the stepfather's petition for review to examine the district court's and the Court of Appeals' interpretation and application of the...  

While on a conditional release under the extended jurisdiction of juvenile court, Sherrick Sims committed two adult felonies when he sold cocaine and obstructed official duty. The State persuaded the district court to run the sentence for his adult convictions consecutive to the underlying sentence for the juvenile adjudication because (1) his adjudication would classify as a felony if he had been an adult when he committed the crime and (2) K.S.A. 21-4603d(f)(1) mandates that a new felony...  

This case involves the timeliness of an insurance subrogation claim. Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the district court's decision to dismiss the case for failure to state a claim on grounds that the statute of limitations on the claim had expired. In dismissing the case, the district court held that Farm Bureau's only potential claim for subrogation was grounded in tort, and Farm Bureau failed to assert its right of subrogation for this tort claim in a timely...  

Frick Farm Properties, L.P., (Frick Farm) appeals the Department of Agriculture, Division of Water Resources' (DWR) order terminating its water right. We affirm... On November 4, 1982, a certificate of appropriation was issued to Bernard J. Debes for Water Right, File No. 17,125 (water right) in Pawnee County, Kansas. Frick Farm, owned by Kent and Karen Frick, purchased Debes' real estate, including the water right, on November 22, 2002. In January 2003, Debes received notice from the DWR that...  

Miller Paving and Construction, L.L.C. (Miller) appeals from the trial court's judgment in favor of Rural Water District No. 3 of Miami County, Kansas (Water District) on the Water District's claim of negligence in the amount of $6,116.33. On appeal, Miller contends that the trial court erred in determining that Miller was negligent. In addition, Miller asserts that the trial court erred in determining that the Water District met its duty of care on all but two occasions. We disagree....  

The State appeals from the trial court's pretrial judgment suppressing all evidence seized by law enforcement officers executing two search warrants at the home of Tony Bottom and Sara O'Brien (collectively appellees). The first issue is whether the information contained in the first search warrant was so stale as to lack probable cause for issuance of the search warrant. Second, if it is determined that the first search warrant was not based upon probable cause, could the items seized under...  

Kirk T. Wilson appeals from a judgment of the trial court dismissing his K.S.A. 60-1507 motion as untimely. We hold that Wilson's initial 60-1507 motion was timely. Nevertheless, we determine that Wilson's amended 60-1507 motion was untimely. Finally, we determine that the trial court properly concluded that no manifest injustice would occur in failing to accept Wilson's amended 60-1507 motion. Accordingly, we affirm in part, reverse in part, and remand for further proceedings... On April 24,...  

P.L.B. appeals from a judgment of the trial court denying his motion to withdraw his plea and to set aside his juvenile adjudication for aggravated indecent liberties with a child. On appeal, the State challenges our jurisdiction to consider this issue. Nevertheless, we determine that we have jurisdiction over this matter. Meanwhile, P.L.B. argues that the trial court abused its discretion in denying his motion to withdraw his plea and to set aside his conviction. We agree. Accordingly, we...  

This case arises out of a day-long series of shootings in Kansas City, Kansas, during which the victim, Deborah Jackson, was killed from outside her home. Defendant Arthur Herron, who admitted to being in a van with four others at the scene of the fatal shooting, was convicted of first-degree felony murder and conspiracy to commit criminal discharge of a firearm at an occupied dwelling; he was acquitted of the criminal discharge offense underlying the felony murder. In this appeal, he argues...  

ORDER OF DISBARMENT... In a letter dated August 4, 2008, to the Clerk of the Appellate Courts, respondent Grant D. Griffiths, of Clay Center, Kansas, an attorney admitted to the practice of law in the state of Kansas, voluntarily surrendered his license to practice in Kansas, pursuant to Supreme Court Rule 217 (2007 Kan. Ct. R. Annot. 330)... At the time the respondent surrendered his license, there were seven cases pending and being investigated by the Disciplinary Administrator's office. Four...  

Leonard Pollman seeks to suppress evidence obtained during an investigation of whether he was driving under the influence of alcohol (DUI). His suppression motion raises the question of what level of "reasonable suspicion" is necessary before a motorist may be detained for a DUI investigation. The trial court concluded an investigation was permissible because Pollman had been observed driving his motorcycle, and then he allegedly obstructed the officer's official duties, admitted to...  

This is an action under the Uniform Interstate Family Support Act (UIFSA), K.S.A. 23-9,101 et seq., filed by the Kansas Department of Social and Rehabilitation Services (SRS) against the respondent, Timothy Bohrer. SRS seeks reimbursement of child care assistance paid by the State of Iowa to Ellen Holmes, the permanent guardian of the respondent's minor child, S.B. SRS also seeks an order of future child support and an order requiring Bohrer to provide medical coverage for S.B... The district...  

Robert L. Ehrlich seeks review of that portion of the decision by our Court of Appeals in State v. Ehrlich, No. 96,797, unpublished opinion filed June 15, 2007, dismissing his challenge to the imposition of Board of Indigents' Defense Services (BIDS) attorney fees pursuant to K.S.A. 22-4513... Ehrlich pled guilty to one count of possession of marijuana, and on August 19, 2003, the district court sentenced Ehrlich to probation for 12 months, with an underlying term of 11 months of incarceration....  

Terry Collins, a county commissioner in Mitchell County, appeals the district court's grant of summary judgment to the recall committee and sponsors (the Committee), and the dismissal of his case upon remand from this court. We affirm... The underlying facts in this case are discussed in Collins v. Ludwig, No. 94,689 unpublished opinion filed March 31, 2006 (Collins I), and will not be recited here... While Collins I was pending before this court, an election to recall Collins from public...  

Ruben Y. Warledo appeals from his convictions of arson and premeditated first-degree murder and his hard 50 life sentence for the murder conviction. Warledo raises a number of issues, including whether: (1) the trial court erred by admitting into evidence statements he made to authorities before he was given the warnings required by Miranda v. Arizona, 384 U.S. 436, 444, 16 L. Ed. 2d 694, 86 S. Ct. 1602, reh. denied 385 U.S. 890 (1966); (2) the trial court erred by admitting into evidence a...  

John and Donna Wellhausen (the Wellhausens) appeal the district court's order granting summary judgment in favor of the University of Kansas (University). The Wellhausens claim the district court erred in finding their wrongful death claim was barred by the discretionary function and design immunity exceptions to the Kansas Tort Claims Act (KTCA), K.S.A. 75-6104(e) and K.S.A. 75-6104(m), respectively... We hold the district court properly granted summary judgment in favor of the University...  

This appeal frames for our consideration the construction of a revocable trust and requires that we determine whether the district court erred in validating trust amendments executed after the death of one of the grantors/settlors, which amendments changed the trustees and significantly changed the distribution of income to successor beneficiaries. Appellants Darrel and Carl Mangels, adopted sons of deceased settlor C.L."Bud" Helwig, challenge the amendments made by their adoptive...