Reversed and remanded with directions.
Affirmed in part, reversed in part, vacated in part, and remanded with directions.
Malone , C.J. : Jared C. Shull appeals his sentence following his convictions of five counts of sexual exploitation of a child under 18 years of age. Shull initially was charged with multiple counts of sexual exploitation of a child under 14 years of age and he was facing a sentence of life imprisonment without parole for 25 years. Through extensive plea negotiations that included amended charges and an agreement for an upward durational departure, Shull asked for and received a sentence of...
Goering , J. This case pertains to whether the City of Topeka (City) is required to pay relocation benefits pursuant to K.S.A. 2015 Supp. 26-518 to two former tenants of properties purchased from their landlord by the City in connection with a drainage project. The district court entered summary judgment in favor of the City, holding that the tenants failed to present evidence to establish (1) that they were "displaced persons" entitled to relocation expenses under the statute and (2) that...
HILL , J. : In the third year of the pendency of his medical malpractice lawsuit, Joel Burnette killed himself. His heirs and his estate are now pursuing a wrongful death claim. They received a money judgment after a jury found a doctor, Kimber Eubanks, M.D., and a clinic, PainCARE, P.A., negligent. The doctor and the Clinic appeal, contending the trial court improperly instructed the jury because its causation instruction said: "A party is at fault when he or she is negligent and that...
ARNOLD-BURGER , J. If an officer lawfully requests that a driver submit to a breath test and the driver fails the test, the Kansas Department of Revenue (KDR) is authorized to suspend the person's driver's license if "[t]here existed reasonable grounds to believe the person was operating a vehicle while under the influence of alcohol or drugs." K.S.A. 2015 Supp. 8-1002(a)(2)(A), (f). Clay Dean Cullison's driver's license was suspended in accordance with this provision. Claiming he was not...
POWELL , J. Christina Fuller appeals the district court's order granting her former husband, Brian Fuller, a long-distance parenting time cost adjustment at a child support modification hearing she requested. Christina asserts two errors on appeal. First, she argues her procedural due process rights were violated because Brian had not given notice he was seeking a long-distance parenting time cost adjustment. Second, Christina argues the district court abused its discretion when it granted...
LEBEN , J. On first glance, it might seem the attorneys in this case got their briefcases switched. The prosecutor argues that a misdemeanor domestic-violence offense is not a serious one, while the defendant — who was convicted of that offense — argues that it is. The reason the case has reached us in this odd posture is that the defendant was convicted in a trial to a judge, not a jury. He now seeks a do-over on the ground that he had a constitutional right to a jury trial — one that he...
GARDNER J. This case asks whether a hospital employee's refusal to get a flu shot constitutes job-related misconduct precluding her receipt of unemployment benefits. The Employment Security Board of Review and the district court found it does. We agree. PROCEDURAL BACKGROUND McPherson Hospital (the hospital) hired Debra K. Rhodenbaugh in 2010 as an emergency department clerk. She worked at a nursing desk located in the center of the emergency department. As part of her employment,...
ARNOLD-BURGER , J. To quote federal Magistrate Judge James O'Hara, who was the judge to hear the federal court proceedings regarding this matter, "[t]his is a very simple personal injury case gone seriously awry." Fox v. Watco. Companies, Inc., Case No. 09-CV-2078-JPO, filed in United States District Court for the District of Kansas, Order dated April 25, 2011 (entering consent judgment and dismissing federal case). The case involves a collision between a truck and a train, where the...
GREEN , J. This medical malpractice action arose after Edward Bereal went in for a heart catheterization during which air was improperly injected into his heart, causing an embolism and stroke. This resulted in Bereal being permanently paralyzed. The defendants, Dr. Ravi K. Bajaj and Wesley Medical Center, L.L.C., do not dispute that air was improperly injected into Bereal's heart, injuring him. Instead, the defendants maintain that his injuries occurred as a result of a defect in the...
HILL , J. The Kansas Corporation Commission granted Kansas City Power & Light Company a rate increase of $48.67 million. KCP & L wants more. The company appeals, claiming the Commission's findings of fact are not supported by substantial competent evidence. Additionally, the company contends that the Commission's decision to exclude flotation costs when calculating its return on equity was unreasonable, arbitrary, or capricious. After reviewing the entire record and not reweighing the...
GARDNER , J. On October 24, 2000, a jury determined Cecil Emerson was a sexually violent predator. His appointed counsel filed a timely notice of appeal but failed to file a brief, thus Emerson's appeal was dismissed. Nearly 12 years later, the district court granted Emerson's motion to file a direct appeal out of time. This case asks whether we have the power to hear Emerson's untimely appeal and, if so, whether the jury's verdict finding him to be a sexually violent predator should be...
McANANY , J. Our legislature has provided a procedure found in K.S.A. 65-4901 et seq. for evaluating medical malpractice claims either before suit is brought on the claim or after a medical malpractice action has been commenced. The procedure calls for the district court to convene a screening panel. The nonvoting chairperson of the panel is an attorney appointed by the court. When suit has not yet been brought, the panel members shall consist of a health care provider selected by the...
STANDRIDGE , J. Marilyn G. Cross sought to exercise her right to an elective share of the estate of her deceased husband Charles V. Cross pursuant to K.S.A. 59-6a202 and K.S.A. 59-6a212. Although conceding she signed a written consent in 1992 to take under Charles' will in lieu of exercising her statutory right to an elective share, Marilyn argues her written consent is no longer enforceable given the Kansas Legislature subsequently modified the manner in which the spousal elective share...
