Justia Kansas Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the district court correcting Defendant's postrelease supervision term after Defendant's probation was revoked and he was ordered to serve his original sentence and the court of appeals' endorsement of that decision, holding that the district court judge did not err in correcting Defendant's postrelease term.Defendant pleaded no contest to sexual exploitation of a child and was sentenced to thirty-six months in prison and two years of postrelease supervision. The district court suspended imposition of the sentence. After Defendant committed another crime, his probation was revoked and his original sentence imposed. Thereafter, the district court ruled that Defendant should have received a lifetime postrelease term because of his plea to a sexually violent crime. The district judge then corrected the two-year postrelease term to lifetime. The court of appeals affirmed. The Supreme Court affirmed, holding that the district judge properly corrected Defendant's two-year postrelease term to lifetime. View "State v. Brook" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's suit against Defendants, two commercial drinking establishments, for injuries he suffered in an accident with a vehicle whose driver consumed alcohol beverages at Defendants' establishments before the collision, holding that the district court properly dismissed the suit.On appeal, Plaintiff asked the Supreme Court to reconsider longstanding Kansas caselaw insulating commercial drinking establishments from liability for torts committed by their intoxicated patrons. The Supreme Court affirmed the district court's decision after reaffirming the common law under the principles of stare decisis, holding (1) this Court declines to overrule Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985), and Plaintiff failed to state a claim for negligence; and (2) Plaintiff failed to state a claim for aiding and abetting under Restatement (Second) or Torts 876. View "Kudlacik v. Johnny's Shawnee, Inc." on Justia Law

The Supreme Court held that section 1 of the Kansas Constitution Bill of Rights protects a woman's right to an abortion, thus affirming the trial court's injunction temporarily enjoining the enforcement of S.B. 95, which bans dilation and evacuation abortions.Plaintiffs, two abortion providers, challenged S.B. 95, which is now codified at Kan. Stat. Ann. 65-6741 through 65-6749, arguing that the law's restrictions violate sections 1 and 2 of the Kansas Constitution Bill of Rights because they infringe on the right to liberty. The district court granted Plaintiffs a temporary injunction, ruling that the "ban on the most common method of second-trimester abortion" is unconstitutional. The Court of Appeals affirmed. The Supreme Court affirmed the trial court's decision to impose the temporary injunction, holding (1) section 1 of the Kansas Constitution Bill of Rights protects a woman's right to determine whether to continue a pregnancy, and therefore, the State is prohibited from restricting that right unless it can show that it is doing so to further a compelling government interest and in a way that is narrowly tailored to that interest; and (2) Plaintiffs established that they were substantially likely to show that S.B. 95 impairs natural rights. View "Hodes & Nauser, MDs, P.A. v. Schmidt" on Justia Law

The Supreme Court reversed the judgment of the district court sentencing Defendant a third time for two counts of aggravated robbery and one count of robbery, holding that Defendant's second sentence was legally imposed, and this Court's subsequent decision in State v. Keel, 357 P.3d 251 (Kan. 2015), did not render that sentence illegal.In his first appeal, Defendant argued that the district court miscalculated his criminal history score when it classified his two out-of-state offenses as person crimes, which resulted in a criminal history score of A. The Supreme Court agreed. At resentencing, the district court followed the Supreme Court's mandate and scored Defendant's prior out-of-state convictions as nonperson felonies, resulting in a criminal history score of C. Thereafter, the Supreme Court decided Keel, which overruled State v. Murdock, 323 P.3d 846 (Kan. 2014). The State moved to correct Murdock's sentence, and the district court granted the motion, resentencing Defendant a third time and finding a criminal history score of A. The Supreme Court reversed and remanded with directions to reinstate Defendant's second sentence, holding that Defendant's second sentence was legal when pronounced, and Keel did not render Defendant's second sentence illegal. View "State v. Murdock" on Justia Law

The Supreme Court affirmed the judgment of the district court granting Defendants' motions to dismiss Plaintiff's petition alleging that Defendants - medical providers and facilities - committed negligence and medical malpractice resulting in a patient's wrongful death, holding that Plaintiff failed to meet the evidentiary standard required when responding to a motion to dismiss with facts outside the pleadings.In dismissing Plaintiff's petition, the district court found that the petition was filed one day after the statute of limitations had expired. On appeal, Plaintiff argued that her attorney electronically submitted the petition for filing before the statute of limitations ran and promptly responded when the petition was returned because of an electronic filing issue. The Supreme Court affirmed, holding that no evidence in the record supported Plaintiff's factual assertion that her counsel timely submitted the same petition as the one eventually file stamped by the clerk. Therefore, the Court could not reach the substance of Plaintiff's argument that a document is filed for purposes of the statute of limitations when uploaded to the electronic filing system rather than when the clerk of court accepts and file stamps it. View "Lambert v. Peterson" on Justia Law

The Supreme Court affirmed the summary denial of Defendant's pro se motion, which Defendant called a combined "motion to correct illegal sentence" and "motion to dismiss for lack of jurisdiction," holding that Defendant failed to establish that his sentence was illegal and that Defendant could not overcome the procedural hurdles of the motion being successive and filed outside the statutory time limit.In his combined motion, Defendant requested that his convictions be reversed, invoking Kan. Stat. Ann. 22-3504 as the basis for jurisdiction. The district court summarily dismissed the motion. The Supreme Court affirmed, holding (1) Defendant cannot collaterally attack a conviction through a motion to correct an illegal sentence filed under section 22-3504 claiming that a defective complaint meant the district court lacked jurisdiction to convict; (2) the district court lacked jurisdiction over Defendant's motion to dismiss; and (3) Defendant's motion could not be considered as one filed under Kan. Stat. Ann. 60-1507 because such a motion is procedurally barred. View "State v. Robertson" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the decision of the Kansas Workers Compensation Board (Board) affirming an ALJ's denial of Helen Knoll's application for hearing with the Kansas Division of Workers Compensation (Division), holding that Kan. Stat. Ann. 44-523(f)(1) controlled Knoll's claim and required its dismissal.More than five years after Knoll filed her application with the Division, Employer moved to have Knoll's claim dismissed under section 44-523(f)(1) because the claim had not proceeded to a final hearing within three years of the filing of an application for hearing. The ALJ concluded that Knoll's motion for extension was timely and entered an award of compensation. The Board affirmed the ALJ's denial of the motion to dismiss. The Court of Appeals reversed, concluding that dismissal was appropriate because Knoll did not file a motion for extension within three years of filing her application for hearing. The Supreme Court affirmed, holding (1) if a workers compensation claimant filed an application for hearing under Kan. Stat. Ann. 44-534 after Kan. Stat. Ann. 44-523(f)(1) took effect in 2011, the 2011 statute governs the claim; and (2) because Knoll filed her application for hearing six months after the 2011 amendments became effective, section 44-523(f)(1) controlled her claim. View "Knoll v. Olathe School District No. 233" on Justia Law

The Supreme Court reversed Defendant's conviction for premeditated first-degree murder, holding that the district erred in denying Defendant's request for a self-defense instruction and that the error was not harmless.Defendant shot and killed a man following a dispute over a pool game. The Supreme Court reversed his conviction of premeditated first-degree murder for failure to give lesser included offenses instructions. After a retrial, Defendant was again found guilty of premeditated first-degree murder. Defendant appealed, arguing that the district court erred in determining that the evidence did not support a self-defense instruction. The Supreme Court agreed, holding that Defendant's testimony sufficed to make the self-defense instruction factually appropriate and that the error in denying the instruction was not harmless. View "State v. Qualls" on Justia Law

The Supreme Court affirmed the decisions of the Court of Appeals and the Kansas Board of Workers Compensation concluding that Kan. Stat. Ann. 44-523(f)(1) unambiguously requires a claimant to move for extension within three years of filing an application for hearing for the claim to survive a proper motion to dismiss, holding that the statute unambiguously prohibits an ALJ from granting an extension unless a motion for extension has been filed within three years of filing the application for hearing.Appellant filed an application for hearing with the Kansas Division of Workers Compensation asserting that he fell and injured himself while working for Employer. Approximately three years later, Employer filed an application for dismissal, arguing that the ALJ should dismiss Appellant's claim under section 44-523(f) because Appellant had failed to move the claim toward a hearing or settlement within three years of filing his application for hearing. The ALJ granted Employer's application to dismiss. The Board and Court of Appeals affirmed. The Supreme Court affirmed, holding that the Court of Appeals' interpretation of the statute was correct. View "Glaze v. J.K. Willliams, LLC" on Justia Law

The Supreme Court affirmed Defendant's conviction and sentence for one count of aggravated indecent liberties with a child, holding that there was no error in the conduct of the trial and that Kan. Stat. Ann. 60-455, the statute allowing the introduction of evidence of propensity to commit sex crimes, is not unconstitutional.Defendant was charged with one count of aggravated indecent liberties with a child. The trial court granted in part the State's motion to admit evidence of prior conduct under Kan. Stat. Ann. 60-455 in order to show Defendant's propensity to commit the offense, allowing the State to introduce evidence of Defendant's Nebraska conviction of sexual assault on a nine-year-old neighbor girl. Defendant was subsequently convicted as charged. The Supreme Court affirmed, holding (1) section 60-455(d) does not violate federal constitutional protections; (2) the district court did not abuse its discretion in admitting the challenged evidence; and (3) Defendant's challenges to his sentence were unavailing. View "State v. Boysaw" on Justia Law