Justia Kansas Supreme Court Opinion Summaries

In a case before the Supreme Court of the State of Kansas, the defendant, Kristoffer L. Klesath, appealed his convictions for first-degree felony murder, intentional second-degree murder, and aggravated robbery. Klesath argued that the state failed to provide adequate evidence to support the aggravated robbery charge, and the trial court erred in refusing to instruct the jury on reckless second-degree murder and involuntary manslaughter and its accompanying imperfect self-defense. The case stems from an incident where Klesath engaged in a confrontation with Darton Fields outside a liquor store. Both men were armed with handguns. During the altercation, Klesath shot Fields, who subsequently died. Klesath then picked up Fields' dropped gun before fleeing the scene.The court affirmed the lower court's decision. It held that the evidence was sufficient to support the conviction for aggravated robbery, which in turn justified the felony murder conviction. The court further held that Klesath could not assert self-defense to negate the charge of aggravated robbery. The court reasoned that the crime of aggravated robbery does not contain an element that would justify the use of force in self-defense. Additionally, a defendant may not assert self-defense if the defendant is attempting to commit, committing, or escaping from the commission of a forcible felony. As a result, the court did not need to consider Klesath's remaining challenges because the trial court merged his convictions for second-degree murder and felony murder, sentencing Klesath only on felony murder. View "State v. Klesath" on Justia Law

The Supreme Court of Kansas reversed the decision of the Court of Appeals, which had overturned Mark Scheetz's convictions for aggravated criminal sodomy, rape, sexual exploitation of a child, and victim intimidation. The Court of Appeals had ruled that the cumulative effect of various trial errors denied Scheetz his constitutional right to a fair trial. However, the Supreme Court found that the appellate court erred in its analysis, as Scheetz failed to make a timely and specific objection at trial to preserve an evidentiary challenge for appellate review as required by K.S.A. 60-404. Furthermore, the Supreme Court found the internet search history evidence was relevant to establish Scheetz's sexual desire for underage girls, a required element of the sexual exploitation of a child charge. The Supreme Court also concluded the prosecutor did not commit error in his closing arguments as the panel had determined. Consequently, the Supreme Court affirmed Scheetz's convictions. View "State v. Scheetz" on Justia Law

In the State of Kansas v. Frank Raymond Crudo, the Supreme Court of the State of Kansas affirmed the decisions of the lower courts, ruling against Crudo on all five arguments he presented. Crudo was pulled over for a non-functioning license plate light, and upon approaching the vehicle, officers smelled marijuana, leading to a search of Crudo's truck and attached camper. They found varying amounts of marijuana in different locations, leading to multiple charges against Crudo.Crudo's arguments included: (1) the search of his camper was unconstitutional as it should not be considered part of his vehicle for the purposes of the automobile exception to the Fourth Amendment warrant requirement, (2) the testimony of Lieutenant Ricard at his second trial should have been considered expert testimony and therefore inadmissible due to non-compliance with expert testimony rules, (3) the use of a permissive inference instruction was in error and affected the trial outcome, (4) his second trial for possession with intent to distribute marijuana violated double jeopardy principles, and (5) cumulative error.On the first point, the court ruled that probable cause to search a vehicle under the automobile exception does not need to be "localized" to a specific area of the vehicle and therefore extended to the camper. On the second point, the court held that the district court did not abuse its discretion by admitting Lt. Ricard's testimony as lay opinion testimony. On the third point, the court agreed that the permissive inference instruction was in error, but found it harmless. On the fourth point, the court found that Crudo's convictions for possession and distribution were based on separate acts and thus did not constitute double jeopardy. Lastly, because there was only one error (the permissive inference instruction), the doctrine of cumulative error did not apply. View "State v. Crudo" on Justia Law

The Supreme Court of the State of Kansas has upheld the decision of the lower courts in a case involving a plaintiff, Jason Unruh, who alleged that the City of Wichita police officers used excessive force during his arrest. The plaintiff was apprehended after leading police on a car chase and was subsequently subdued while attempting to collect drugs that had spilled onto the ground. Nearly 23 months later, the plaintiff sued for personal injuries, alleging that the officers negligently used excessive force during his arrest. The case focused on whether the plaintiff's claim was for civil battery, which has a one-year statute of limitations, or negligence, which has a longer time limit. The court found that the plaintiff's claim was essentially a battery claim since the officers intentionally used force to make a lawful arrest. The court further clarified that negligence and battery are distinct legal concepts with different elements. The court noted that a negligence claim requires proof of a legally recognized duty that the defendant breached, causing the plaintiff's injuries. The plaintiff failed to establish that the officers owed him a special duty independent of the force used. As such, the plaintiff's claim was time-barred under the one-year statute of limitations for battery. The court affirmed the judgments of the lower courts. View "Unruh v. City of Wichita" on Justia Law

In a dispute between Timothy Towne and the Unified School District No. 259, the Supreme Court of the State of Kansas reversed the lower courts' rulings, finding that self-insured school districts are not exempt from regulation under the Kansas Insurance Code. Towne, an employee of the school district, was injured in a car accident and received benefits from the school district's self-funded medical benefit plan. After Towne recovered funds from a third party, the school district required him to reimburse the plan. Towne claimed that the plan's subrogation clause, which allowed for this reimbursement, was unenforceable under Kansas regulations. The district court and Court of Appeals held that the school district's plan was exempt from the Kansas Insurance Code, thereby making the subrogation clause enforceable. However, the Supreme Court reversed, holding that the medical benefit plan offered by the school district is a "health benefit plan" and the school district is a "health insurer" under Kansas law, making the school district subject to the anti-subrogation regulation. The case was remanded for further proceedings. View "Towne v. U.S.D. 259" on Justia Law

In the State of Kansas, Robert Lowell-Lawrence Ward, the defendant, attempted to withdraw his 2013 plea of no contest to various crimes, eight years later in 2021. The district court summarily denied his motion, and the decision was affirmed by the Court of Appeals. The Supreme Court of the State of Kansas affirmatively upheld these rulings. The Court found that Ward's motion to withdraw his plea was untimely and procedurally barred, as he failed to prove "excusable neglect," a necessary condition to overcome the one-year time bar for such motions as per Kansas statute K.S.A. 2022 Supp. 22-3210(e). The Court clarified that a motion's untimeliness does not necessarily prevent its consideration, provided the defendant can demonstrate excusable neglect for the delay, which the defendant failed to do. The Court emphasized that a district court cannot bypass this procedural requirement and directly address the merits of an untimely motion without first determining the presence or absence of excusable neglect. Therefore, the Supreme Court affirmed the ruling of the lower courts, but for different reasons, focusing on the procedural bar rather than the merits of the motion. View "State v. Ward" on Justia Law

In the state of Kansas, a number of non-profit groups, including the League of Women Voters of Kansas and the Kansas Appleseed Center for Law and Justice, challenged a law which made it a felony to engage in conduct that gives the appearance of being an election official or that would cause another person to believe a person is an election official. The non-profits argued that the law was overbroad and unconstitutionally vague, as it could criminalize their voter education and registration activities. They also claimed that the law violated their rights to free speech and association. The district court denied their request for a temporary injunction and the Court of Appeals dismissed the non-profits' claims for lack of standing, arguing that they were not at risk of prosecution under the statute. The Supreme Court of the State of Kansas reversed these decisions, finding that the non-profits did have standing to challenge the law. The Court held that when a law criminalizes speech and does not clearly demonstrate that only constitutionally unprotected speech is being criminalized, the law is unclear enough to confer pre-enforcement standing on a plaintiff challenging the law. The Supreme Court of the State of Kansas vacated the Court of Appeals' decision and remanded the case to the Court of Appeals for further proceedings. View "League of Women Voters of Kansas v. Schwab" on Justia Law

In the case before the Supreme Court of the State of Kansas, Devawn T. Mitchell was convicted for first-degree felony murder, aggravated assault on a law enforcement officer, two counts of felony fleeing and eluding, and misdemeanor fleeing and eluding. Mitchell appealed, arguing that the district court inappropriately found him competent to stand trial, failed to obtain a psychological evaluation before sentencing him, and incorrectly applied his "B" criminal history score to increase his mandatory minimum sentence.The Supreme Court of the State of Kansas affirmed the lower court's decisions. In addressing Mitchell's competence to stand trial, the court determined that the district court had correctly followed procedure, ordering a competency evaluation and holding a hearing. The court found that Mitchell failed to prove he was incompetent and therefore upheld the lower court's finding of competence.Regarding the failure to order a psychological evaluation, the Supreme Court noted that Mitchell did not explicitly request such an evaluation. As the request was not made, the district court was under no obligation to order an evaluation.As for the application of Mitchell's criminal history score, the court ruled that the lower court correctly applied the score to Mitchell's mandatory minimum life sentence before parole eligibility. The court found that neither the plain language nor any reasonable interpretation of the statutes prohibited the use of Mitchell's criminal history score to calculate his minimum life sentence before parole eligibility.In sum, the Supreme Court of the State of Kansas affirmed Mitchell's conviction and sentence. View "State v. Mitchell" on Justia Law

In a defamation case involving a cosmetic surgeon and a former patient who posted negative and false reviews on Yelp, the Supreme Court of the State of Kansas affirmed the district court's judgment that the surgeon failed to show any actual damage to his reputation. The court held that defamation requires proof of harm to reputation, and mere speculation about reputational harm is not sufficient. Reputational harm may be indicated by reasonable inferences such as declining revenue or decreased professional opportunities, but these inferences must be tied to a fact in the real world. The court clarified that defamation per se and presumed damages have been abolished in Kansas, and thus, a plaintiff must show injury to reputation to establish a valid claim for defamation. The court found that the surgeon failed to prove reputational harm caused by the defamatory statements, and rejected the argument that the jury's finding of malice relieved him from proof of reputational harm. Consequently, the court affirmed the lower court's decision to set aside the defamation judgment. View "Marcus v. Swanson" on Justia Law

In the case at hand, the appellant, Melissa Lowe, was convicted for aggravated assault with a deadly weapon involving an incident with her ex-husband's girlfriend. Lowe appealed her conviction, arguing that the district court should have instructed the jury on simple assault, a misdemeanor, as a lesser included offense. The Supreme Court of Kansas agreed with Lowe that the district court erred by failing to give a lesser included offense instruction, as there was evidence which could have justified a conviction for simple assault.However, the court noted that under Kansas law, Lowe bore the burden to firmly convince the court that the jury would have reached a different verdict had the district court not failed to give the lesser included offense instruction. Looking at the entire record, the Supreme Court of Kansas concluded that there was nothing to establish that the jury would have reached a different result. The jury had rejected Lowe's version of events, finding the witnesses' accounts that Lowe swerved her car towards the victim credible enough to convict her of aggravated assault. Consequently, the court held that the failure to give the lesser included offense instruction was not reversible error. The court affirmed both the judgment from the district court and the Court of Appeals. View "State v. Lowe" on Justia Law