Justia Kansas Supreme Court Opinion Summaries

Benchmark Property Remodeling, LLC, a construction company, performed remodeling work on a building owned by Grandmothers, Inc., which was leased to the Kansas Department of Revenue (KDOR). The work was based on quotes finalized between KDOR and Benchmark, and a "Third Amendment to Lease" between KDOR and Grandmothers. Benchmark completed the work and invoiced Grandmothers and KDOR. KDOR paid Grandmothers, but Grandmothers only partially paid Benchmark, withholding some amounts for various reasons. Benchmark sued Grandmothers, KDOR, and others for breach of contract, unjust enrichment, and other claims.The Shawnee District Court granted partial summary judgment in favor of Grandmothers on several claims, concluding there was insufficient evidence of a contract between Benchmark and Grandmothers. The court also granted KDOR's motion for judgment on the pleadings. Benchmark then dismissed its remaining claims without prejudice and appealed the partial summary judgment and judgment on the pleadings.The Kansas Court of Appeals reviewed the case and concluded that appellate jurisdiction was proper because Benchmark did not refile its dismissed claims, making the district court's judgment final. The panel reversed the district court's entry of judgment on the pleadings for KDOR, noting significant factual issues regarding the parties' intent. The panel also reversed the district court's summary judgment for Grandmothers, finding that the evidence could support a finding of a contract between Benchmark and Grandmothers.The Kansas Supreme Court affirmed the Court of Appeals' decision, holding that the district court's partial summary judgment became final with the dismissal of the remaining claims, thus granting appellate jurisdiction. The Supreme Court agreed that there were genuine disputes of material fact regarding the existence of a contract, making summary judgment inappropriate. The case was remanded to the district court for further proceedings. View "Benchmark Property Remodeling v. Grandmothers, Inc." on Justia Law

Alonzo Union served as the caretaker and power of attorney for Jean Miller, an elderly woman with dementia. Union had access to Miller's finances and was responsible for her care. After Miller moved into a nursing home and accumulated an unpaid bill, the Kansas Department for Children and Families (DCF) investigated Union's financial activities. Union entered a no contest plea to mistreatment of a dependent adult. The court ordered Union to pay restitution to the nursing home for Miller's outstanding balance and to Miller for certain payments and cash withdrawals from her account.The Wyandotte District Court accepted Union's no contest plea and found him guilty. At the sentencing hearing, the court imposed a 43-month underlying sentence, suspended in favor of probation, and ordered Union to pay $31,511.26 in restitution. This amount included $7,632.74 to the nursing home and $23,878.52 to Miller, covering one-half of the ATM withdrawals and Walmart purchases, among other expenses. Union appealed, arguing that the restitution order was not supported by substantial competent evidence. The Kansas Court of Appeals affirmed the district court's restitution order, except for the part that converted the restitution award into a civil judgment.The Kansas Supreme Court reviewed the case and vacated the portion of the restitution order directing Union to pay the nursing home $7,632.74, finding insufficient evidence that Union's crime caused the unpaid bill. However, the court affirmed the restitution order requiring Union to pay $23,878.52 to Miller. The court concluded that Union's no contest plea established that he misappropriated at least $25,000 from Miller, providing substantial competent evidence to support the restitution amount. The court held that the no contest plea and the well-pleaded facts in the charging document could be considered in determining the restitution award. View "State v. Union" on Justia Law

June R. Crow-Johnson, an attorney admitted to practice law in Kansas in 1990, faced disciplinary proceedings for multiple violations of the Kansas Rules of Professional Conduct (KRPC) and Supreme Court Rules. Crow-Johnson was appointed as trustee of a trust in 2019 and failed to perform her fiduciary duties, including failing to communicate with beneficiaries, safeguard trust property, and file necessary tax returns. Additionally, she misrepresented her actions to the court and failed to cooperate with disciplinary investigations. Crow-Johnson also neglected to file tax returns for the Topeka Bar Association (TBA) and misled them about the status of these filings.The Kansas Board for Discipline of Attorneys conducted an evidentiary hearing and found that Crow-Johnson violated several KRPC rules, including diligence, communication, safekeeping property, candor toward the tribunal, and misconduct prejudicial to the administration of justice. The Board recommended disbarment based on these findings.The Supreme Court of Kansas reviewed the case and found clear and convincing evidence supporting the Board's findings. The court noted Crow-Johnson's failure to appear at oral arguments and her lack of cooperation throughout the disciplinary process. The court agreed with the Board's recommendation and ordered Crow-Johnson's disbarment, effective immediately. The court also ordered her name to be stricken from the roll of attorneys licensed to practice law in Kansas and assessed the costs of the proceedings to her. View "In re Crow-Johnson" on Justia Law

Grover D. James was convicted of first-degree premeditated murder and criminal possession of a firearm for a 2015 incident where he fatally shot Leon McClennon at a birthday party in Wichita. Surveillance footage showed James entering a store basement with McClennon and others, and later walking past McClennon's collapsed body. James admitted to firing two shots but claimed he did not intend to hit anyone. Witnesses testified that the shooting was deliberate, and the jury found James guilty, sentencing him to a hard 50 life sentence for murder and a concurrent 21-month sentence for firearm possession.James filed multiple petitions for relief in the Sedgwick District Court, including claims of newly discovered evidence and ineffective assistance of counsel. He argued that an affidavit from a witness, Rance Kindred, recanting his statements to police warranted a new trial. The district court denied these petitions, finding that the evidence could have been produced at trial and was unlikely to change the outcome. James also claimed ineffective assistance of both trial and appellate counsel, arguing that his attorneys failed to protect his speedy trial rights and did not adequately challenge continuances. The district court denied these claims without an evidentiary hearing.The Kansas Supreme Court reviewed the case and affirmed the district court's decisions. The court held that James did not meet the burden of showing that the newly discovered evidence could not have been produced at trial or that it would likely result in a different outcome. The court also found no merit in James' ineffective assistance claims, noting that his speedy trial rights were not violated and that his appellate counsel's performance was not deficient. The court concluded that the district court did not abuse its discretion in denying James' motions and affirmed the denial of relief. View "State v. James" on Justia Law

Matthew Douglas Hutto pled guilty to two counts of felony murder and received two consecutive hard 25 life sentences. After sentencing, Hutto filed a pro se motion to withdraw his pleas, which the district court denied. Hutto appealed the denial, and the Kansas Supreme Court affirmed the district court's decision. Before the deadline to file a motion for rehearing or modification of the Supreme Court's decision, Hutto was subpoenaed to testify against his accomplice, Richard Daniel Showalter. Hutto invoked his Fifth Amendment privilege against self-incrimination and refused to testify. The district court ruled that Hutto no longer had the privilege and found him in contempt, imposing a six-month jail sanction.Hutto appealed the contempt finding, arguing that he retained his Fifth Amendment privilege because he had not exhausted all methods of attacking his convictions and sentences, including a potential motion for rehearing or modification and a possible habeas corpus motion. The Kansas Court of Appeals rejected Hutto's argument, holding that defendants lose their privilege against self-incrimination at sentencing when they plead guilty and do not move to withdraw their plea before sentencing. The appellate court affirmed the district court's finding of contempt.The Kansas Supreme Court reviewed the case and held that the proper standard to determine whether the Fifth Amendment privilege protects a witness from being compelled to testify is whether the testimony sought exposes the witness to a legitimate risk of incrimination, not a hypothetical or speculative one. The court overruled previous decisions that terminated the privilege at sentencing for guilty pleas. The court concluded that Hutto faced a legitimate risk of incrimination if forced to testify because he still had a legally viable opportunity to challenge the court's decision by filing a motion for rehearing or modification. Therefore, the court reversed the district court's order finding Hutto in contempt and vacated the six-month jail sanction. View "State v. Showalter" on Justia Law

Law enforcement officers arrested the appellant, Crista Hinostroza, and transported her to the Lyon County jail, where a small handgun was discovered concealed in her bra. Hinostroza was charged with trafficking contraband into a correctional facility, possession of a weapon by a felon, interference with a law enforcement officer, and battery on a law enforcement officer. At trial, the State presented evidence including bodycam videos, photographs of the jail, and testimony from officers and the jail captain. Hinostroza testified that she did not disclose the gun to the officers because she was uncomfortable with male officers touching her and believed the female staff at the jail would find it during their search.The Lyon District Court convicted Hinostroza of criminal possession of a firearm, trafficking contraband in a correctional facility, and interference with a law enforcement officer. She was acquitted of battery on a law enforcement officer. Hinostroza appealed, arguing insufficient evidence of intent and voluntariness, lack of individualized notice of contraband rules, and improper jury instructions. The Kansas Court of Appeals affirmed the convictions, holding that the evidence was sufficient to support the jury's findings.The Kansas Supreme Court reviewed the case and affirmed the lower courts' decisions. The court held that an arrestee who consciously acts to conceal and carry contraband into a correctional facility acts voluntarily. It found that the evidence, viewed in the light most favorable to the State, supported the conclusion that Hinostroza intentionally introduced the gun into the jail. The court also held that the jail provided adequate notice of what constituted contraband through posted signs and Hinostroza's prior knowledge of the jail's rules. Finally, the court rejected the argument that the jury should have been instructed on the requirement of individualized notice, finding no legal basis for such an instruction. View "State v. Hinostroza" on Justia Law

On February 17, 2019, Justin Gaston was shot and killed in a motel parking lot in Wichita, Kansas. Investigators arrested Christopher D. Kemmerly based on circumstantial evidence, including messages from his phone and statements from his girlfriend, Reyna Wallace, and Christopher Breedlove. Kemmerly was charged with felony murder, criminal possession of a weapon, theft, and arson. After a five-day trial, a jury found him guilty. Kemmerly moved for a new trial, claiming ineffective assistance of counsel, which the district court granted. At his second trial, Kemmerly chose to represent himself and was again found guilty on all charges.The Sedgwick District Court initially allowed Kemmerly to represent himself after a thorough colloquy to ensure his waiver of counsel was knowing and intelligent. During the second trial, Kemmerly requested counsel midtrial, which the court denied, citing the disruption and delay it would cause. The court found that Kemmerly's waiver of his right to counsel was valid and that his midtrial request for counsel was untimely.The Kansas Supreme Court reviewed the case and affirmed the district court's decisions. The court held that the district court did not violate Kemmerly's Sixth Amendment right to counsel by allowing him to represent himself, as the waiver was knowing and intelligent. The court also found no abuse of discretion in denying Kemmerly's midtrial request for counsel, as it would have caused significant disruption. Additionally, the court ruled that sufficient evidence supported Kemmerly's convictions, and it declined to address his constitutional challenge to K.S.A. 21-6304(a)(3)(A) because it was not raised in the lower court. The Kansas Supreme Court affirmed Kemmerly's convictions and sentence. View "State v. Kemmerly" on Justia Law

American Warrior, Inc. owned an oil and gas lease on a 177-acre tract in Finney County, Kansas. In 2020, Huber Sand, Inc. acquired surface rights to the same tract and applied for a conditional use permit to operate a sand and gravel quarry. The Finney County Board of Zoning Appeals approved the permit with conditions after public meetings and consideration of community feedback.The Finney District Court upheld the permit's issuance, ruling that the County properly delegated the authority to issue conditional use permits to the Zoning Board. American Warrior appealed, arguing that the local procedure conflicted with state law, specifically K.S.A. 12-757, which outlines procedures for amending zoning regulations. The Kansas Court of Appeals reversed the district court, holding that the County's procedure conflicted with state law, relying on precedents from Crumbaker v. Hunt Midwest Mining, Inc. and Manly v. City of Shawnee.The Kansas Supreme Court reviewed the case and held that Finney County's zoning regulations did not conflict with state law. The Court found that K.S.A. 12-757 applies only to amendments of zoning regulations and not to the issuance of conditional use permits. The Court also determined that the County's regulations, which allow the Zoning Board to issue conditional use permits, were valid under K.S.A. 12-755 and K.S.A. 12-759. The Supreme Court reversed the Court of Appeals' decision and affirmed the district court's judgment, upholding the validity of the conditional use permit issued to Huber Sand, Inc. View "American Warrior, Inc. v. Board of Finney County Comm'rs" on Justia Law

Christopher Michael Jacobson pled guilty to one count of robbery for an incident that occurred in December 2013. He was sentenced in May 2015 to 130 months in prison based on a criminal history score of A. In 2019, Jacobson moved to correct his sentence, arguing that his criminal history score was incorrect. The district court denied his motion, but during the appeal process, the parties agreed that his sentence was illegal. The Court of Appeals remanded the case to exclude certain Missouri municipal ordinance violations from his criminal history score. At resentencing, the district court applied the law in effect at the time of the original sentencing and reduced his sentence to 120 months.The Court of Appeals vacated the new sentence and remanded the case again, directing the district court to apply a more recent legal standard from State v. Wetrich, which would classify Jacobson's Missouri convictions as nonperson crimes. The State petitioned for review, arguing that the law in effect at the time of the original sentencing should apply, as established in State v. Clark.The Kansas Supreme Court reviewed the case and held that the law in effect at the time of the original sentencing determines the legality of a sentence when a case arises from a motion to correct an illegal sentence. The Court found that the Court of Appeals erred in treating Jacobson's resentencing as a direct appeal. The Supreme Court reversed the Court of Appeals' decision and affirmed the district court's application of the law in effect at the time of the original sentencing, which was consistent with the precedent set in Clark. View "State v. Jacobson" on Justia Law

Becky Anne Wilson was prosecuted for financial theft from her employer, Valley Hope Association. She pled guilty to three felonies: theft by deception, making a false information, and attempted theft by deception. The district court sentenced her to 24 months' probation for each conviction and ordered her to pay $65,864 in restitution with interest. Twenty-three months into her probation, the court revoked it and ordered her to serve consecutive prison sentences for each felony. Wilson appealed, arguing that the probation terms for the two lower-level felonies could not be revoked as she had completed their statutory terms and also challenged the interest order.The Kansas Court of Appeals agreed with Wilson, holding that the district court overstepped its authority by extending her probation until full restitution was paid and that the interest order was illegal. The State sought review from the Kansas Supreme Court.The Kansas Supreme Court reversed the Court of Appeals on the probation issue, holding that the district court properly extended Wilson's probation until she fully paid her restitution obligation, thus having jurisdiction to revoke her probation and impose the prison terms. However, on the interest issue, the Supreme Court affirmed the Court of Appeals but on different grounds. The Supreme Court held that while K.S.A. 21-6604(b)(1) permits monetary interest as part of restitution when evidence shows it is a damage or loss caused by the defendant's crime, the district court in this case did not make the necessary findings to support the causal connection for the interest award. Therefore, the interest portion of the restitution order was vacated. View "State v. Wilson" on Justia Law