Recent changes
Short v. Costco Wholesale Corp. - Implied Warranty Ruling Reversed
The Kansas Court of Appeals reversed and remanded a lower court's ruling in favor of Costco Wholesale Corporation in a case involving an alleged breach of implied warranty. The court found that the district court erred in granting Costco's motion for judgment on the pleadings regarding a customer's slip-and-fall injury allegedly caused by inadequately packaged frozen mini tacos.
State v. Otano - Affirmation of Probation Revocation
The Kansas Court of Appeals affirmed the district court's decision to revoke Anthony J. Otano's probation and impose his original sentence. The court found that Otano had violated the terms of his probation multiple times, including marijuana use, driving under the influence, and failure to maintain employment.
State v. Calderon-Mendoza - Upholds Child Sex Offense Conviction
The Kansas Court of Appeals affirmed a conviction for multiple child sex offenses against Godofredo A. Calderon-Mendoza. The court found that the district court did not err in excluding evidence related to prior allegations of sexual abuse by a family member, deeming it irrelevant.
State v. Batts - Appeal of Consecutive Sentencing After Bond Violation
The Kansas Court of Appeals affirmed a district court's consecutive sentencing order for Jerry L. Batts. The court found that Batts violated his bond conditions, which relieved the State of its obligation to recommend concurrent sentences as per their plea agreement. The decision upholds the district court's sentencing decision.
State v. Owens - Jail Credit Ruling
The Kansas Court of Appeals vacated the sentence of Alonzo D. Owens in case No. 23-CR-300037 and remanded for resentencing. The court ruled that Owens is entitled to jail time credit for the period he was incarcerated pending disposition of his case, regardless of whether credit was awarded in another case, based on the interpretation of K.S.A. 21-6615(a) in State v. Ervin.
Crawford v. Spirit Aerosystems - Workers Compensation Benefits Denial
The Kansas Court of Appeals affirmed the denial of workers compensation benefits for Mark Crawford's cervical spine injuries. The court found substantial evidence supported the Workers Compensation Board's decision that Crawford's job duties were not the prevailing factor causing his injuries.
In re Equalization Appeal of City of Council Grove - Property Tax Valuation
The Kansas Court of Appeals affirmed a Board of Tax Appeals (BOTA) order regarding the property tax valuation of City of Council Grove-owned land. The court found that BOTA and the county appraiser adequately explained why lease rent was given little weight in determining the appraised value.
State v. Martinez - Attorney Fees Order Affirmed
The Kansas Court of Appeals affirmed a district court's order imposing $250 in attorney fees on Jeanette Martinez, who had pleaded no contest to trafficking contraband in a correctional institution. The court found that Martinez failed to preserve her challenge to the fee imposition for appeal.
Rawlings v. Rawlings - Divorce Judgment Affirmation
The Kansas Court of Appeals affirmed a district court's decision to deny a motion to reconsider a divorce judgment. The court found the appellant failed to provide sufficient grounds for relief under K.S.A. 60-260(b) and did not meet the requirements for altering or amending the judgment.
Cook v. State - Affirmal of Dismissal of Motion
The Kansas Court of Appeals affirmed the dismissal of Brenton S. Cook's third K.S.A. 60-1507 motion, finding it to be untimely and successive. The court upheld the district court's judgment, denying Cook's claims of ineffective assistance of counsel.
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