DOCSLIB.ORG

Volume 311, No. 3 Opinions Filed in May – July 2020

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Volume 311, No. 3 Opinions Filed in May – July 2020 REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF KANSAS REPORTER: SARA R. STRATTON Advance Sheets, Volume 311, No. 3 Opinions filed in May – July 2020 "Advance Sheets of the Kansas Supreme Court and Kansas Court of Appeals" (USPS 007-480) are published every month ex- cept February, June, August, and October by the State of Kansas, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612- 1598. Periodical postage paid at Topeka, Kansas. POSTMASTER: Send address changes to "Advance Sheets of the Kansas Supreme Court and Kansas Court of Appeals," State Law Librarian, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1598. Price List for Official Reports Subscriptions (bound vol. and adv. sheets) .................... $65.00 Current Bound Volume Subscription (each) ................ 60.00 Noncurrent and Reprint Volumes (each) ...................... 60.00 Advance Sheets (each) ................................................... 15.00 Rule Book (each) ............................................................ 25.00 To order please contact State Law Library @ 785-296-3257 or email [email protected] COPYRIGHT 2020 BY Sara R. Stratton, Official Reporter For the use and benefit of the State of Kansas JUSTICES AND OFFICERS OF THE KANSAS SUPREME COURT _____ CHIEF JUSTICE: HON. MARLA J. LUCKERT ................................................ Topeka JUSTICES: HON. CAROL A. BEIER ................................................... Wichita HON. ERIC S. ROSEN ........................................................ Topeka HON. DAN BILES .......................................................... Shawnee HON. CALEB STEGALL ................................................. Lawrence HON. EVELYN Z. WILSON .................................... Smith Center OFFICERS: Reporter of Decisions………….……….……SARA R. STRATTON Clerk ............................................................ DOUGLAS T. SHIMA Judicial Administrator ..........................................NANCY DIXON Disciplinary Administrator ....................... STANTON A. HAZLETT (III) IN THE SUPREME COURT OF THE STATE OF KANSAS Administrative Order 2020-RL-063 RULES RELATING TO DISTRICT COURTS GENERAL AND ADMINISTRATIVE The following Supreme Court Rule 110C is hereby adopted, effective the date of this order. Rule 110C RECOGNITION OF TRIBAL JUDGMENTS (a) Definitions. (1) "Judicial officer" means a judge, justice, magistrate, or other officer authorized under federal or tribal law to resolve disputes and enter tribal judgments in a tribal court. (2) "Record" means information on a tangible medium or stored in an electronic format. (3) "Tribal court" means a court or constitutionally established tribunal of a federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village established under federal law or tribal law, including a court of Indian offenses organized under Title 25, Part 11 of the Code of Federal Regulations. (4) "Tribal judgment" means a final written judgment, decree, or order of a tribal court signed by a judicial officer and filed in a tribal court. (b) Recognition of Tribal Judgments—Full Faith and Credit. A Kansas dis- trict court must grant full faith and credit and enforce a tribal judgment if the tribal court that issued the judgment grants full faith and credit to the judgments of the courts of the state of Kansas. (c) List of Tribal Courts Granting Full Faith and Credit. The judicial ad- ministrator must maintain a list of the tribal courts that grant full faith and credit to the judgments of the courts of the state of Kansas. The list will include any tribal court that has provided the following documents to the judicial administrator: (1) a copy of the tribal ordinance, statute, court rule, or other evidence demonstrating that the tribal court grants full faith and credit to the judgments of the courts of the state of Kansas; and (2) a copy of the tribal ordinance, statute, court rule, or other evidence of the tribal court's requirements for authentication of copies of an official record. (IV) (d) Filing of Tribal Judgments. A copy of a tribal judgment authenticated in accordance with K.S.A. 60-465, the applicable act of Congress, or the law of the tribe may be filed with the clerk of the district court of any Kansas county. The district court clerk must treat the tribal judgment in the same manner as a judgment of the district court of any Kansas county that may be enforced or satisfied in a like manner. (e) Filing Procedure. (1) A tribal judgment filed under this rule must be accompanied by the following: (A) an affidavit, signed by the filing party or that party's attorney, stating the name and last-known address of each party in the action and the name and last-known address of each party's at- torney, if any; and (B) payment for the docket fee required under K.S.A. 60-3020. (2) Promptly on the filing of a tribal judgment and affidavit, the filing party must mail notice of the filing of the tribal judgment to the party against whom the judgment was rendered at the address given. The notice must include the name and address of the party filing the judg- ment and the name and address of the party's attorney, if any. In addi- tion, the party filing the judgment must file a certificate of mailing with the district court clerk within seven days after the date the tribal judg- ment was filed with the district court clerk. (f) Stay of Enforcement. The party against whom the tribal judgment was ren- dered may seek a stay of enforcement of the judgment as provided in K.S.A. 60-3004. (g) Conditions for Execution or Enforcement. No execution or other process for enforcement of a tribal judgment filed under this rule may issue until the proof of mailing of the notice has been filed with the district court clerk and 21 days have passed from the date the judgment was filed in the district court. (h) Communication Between Courts. (1) A district court may communicate with a tribal court concerning a tribal judgment filed under this rule. Except as otherwise provided in subsection (h)(2), a record must be made of the communication and the parties must be informed promptly of the communication and granted access to the record. (2) Communication between a district court and a tribal court concerning court records and similar ministerial matters may occur without in- forming the parties. A record need not be made of the communication. (V) (i) Other Applicable Statutes, Regulations, and Rules. (1) This rule does not modify, limit, or impose additional conditions on the obligation of a district court to follow applicable state and federal statutes, regulations, and rules that provide for recognition and en- forcement of judgments or acts of the tribal courts of any federally recognized Indian tribe. (2) Applicable statutes may include the following: (A) Violence Against Women Act, 18 U.S.C. § 2265; (B) Indian Child Welfare Act, 25 U.S.C. § 1911; (C) National Indian Forest Resources Management Act, 25 U.S.C. § 3106; (D) American Indian Agricultural Resources Management Act, 25 U.S.C. § 3713; (E) Full Faith and Credit for Child Support Orders Act, 28 U.S.C. § 1738B; (F) Uniform Interstate Family Support Act, K.S.A. § 23-3601 et seq.; (G) Uniform Child-Custody Jurisdiction and Enforcement Act, K.S.A. § 23-37,101 et seq.; and (H) Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, K.S.A. § 60-31b01 et seq. Dated this 16th day of June 2020. FOR THE COURT: ______________ MARLA LUCKERT Chief Justice (VI) IN THE SUPREME COURT OF THE STATE OF KANSAS ORDER 2020-RL-064 RULES RELATING TO KANSAS ECOURT The attached Supreme Court Rules 20, 21, 22, 23, and 24 are hereby amended, effective the date of this order. Dated this 12th day of June 2020. FOR THE COURT ______________ MARLA LUCKERT Chief Justice See https://www.kscourts.org/Rules-Orders/Rules.aspx for the amended Rules 20, 21, 22, 23, and 24. (VII) IN THE SUPREME COURT OF THE STATE OF KANSAS Administrative Order 2020-RL-065 RULES RELATING TO THE STATE BOARD OF EXAMINERS OF COURT REPORTERS The attached Supreme Court Rules 301-310, 312, 313, 350, 352-354, 356-58, 361-364, and 367 are hereby amended, effective July 1, 2020. Dated this 15th day of June 2020. FOR THE COURT ______________ MARLA LUCKERT Chief Justice See https://www.kscourts.org/Rules-Orders/Orders/Admin-Orders/2020-RL- 065 for the amended Rules 301-367. (VIII) IN THE SUPREME COURT OF THE STATE OF KANSAS ORDER ADMISSION OF ATTORNEYS The attached Supreme Court Rule 806 is hereby amended, effective July 1, 2020. Dated this 1st day of July 2020. FOR THE COURT: MARLA LUCKERT Chief Justice (IX) RULES RELATING TO CONTINUING LEGAL EDUCATION Rule 806 CREDITS (a) Credit for Attendance. The number of CLE credit hours assigned to an approved program reflects the maximum that may be earned by at- tending the entire program. Only actual attendance earns CLE credit. No attorney will receive more than eight hours of credit in one day of CLE attendance. (b) Carryover Credit. CLE credit hours that are to be carried forward under Rule 803(b) must be received by OJA by July 31 or submitted via U.S. mail postmarked by July 31 and reflect attendance during the compliance period in which they were earned. An attorney will not receive carryover credit if an application or affidavit is received after that date. (c) Credit for Teaching. An attorney can earn up to five CLE credit hours for each 50 minutes spent teaching an approved program. The attorney must file an application for approval of teaching credit that outlines program content, teaching methodology, and time spent in preparation and instruction. In determining the number of CLE credit hours to award, the Board will calculate time spent in preparation and teaching. For example, an attorney who spends 150 minutes prepar- ing a program and 50 minutes teaching it will be awarded four credit hours. One-half credit hour will be awarded for teaching at least 25 but less than 50 minutes.
Load more

Recommended publications
  • Allen County, State of Kansas General Election Notice
    ALLEN COUNTY, STATE OF KANSAS GENERAL ELECTION NOTICE NOTICE IS HEREBY GIVEN that the names of the following persons as having been nominated for the respective offices will appear on the ballot of the General Election to be held Tuesday, November 8, 2016. STATE OF KANSAS) (SS COUNTY OF ALLEN) TO WHOM IT MAY CONCERN: I, the undersigned County Clerk and Election Officer of Allen County, Kansas, have received a certified list of candidates for the various nominations to be had by each of the political parties of this county. In accordance with the provisions of K.S.A. 25-209, I hereby publish as much thereof as is applicable to this county, and have added thereto the names and addresses of the candidates for nomination by the several political parties as they appear on file at my office. NATIONAL AND STATE BALLOT FOR PRESIDENTIAL ELECTORS FOR PRESIDENT AND VICE-PRESIDENT: Hillary Rodham Clinton/Timothy Michael Kaine, Democratic Gary Johnson/Bill Weld, Libertarian Jill Stein/Ajamu Baraka, independent Donald J. Trump/Michael R. Pence, Republican FOR UNITED STATE SENATOR: Robert D. Garrard, Libertarian 2287 N. 300 Rd, Edgerton 66021 Jerry Moran, Republican PO Box 1151, Hays 67601 Patrick Wiesner, Democratic 2717 Ann Ct., Lawrence 66046 FOR UNITED STATES REPRESENTATIVE 2ND DISTRICT: James Houston Bales, Libertarian 4401 Adam Avenue, Lawrence 66047 Lynn Jenkins, Republican 5940 SW Clarion Lane, Topeka 66610 Britani Potter, Democratic 943 S. Locust, Ottawa 66067 FOR KANSAS STATE SENATE 12TH DISTRICT: Christopher B. Johnston, Democratic 2902 Nevada Terr, Ottawa 66067 Caryn Tyson, Republican PO Box 191, Parker 66072 FOR KANSAS STATE SENATE 15TH DISTRICT: Dan Goddard, Republican 3420 Mosher Road, Parsons 67357 Chuck Schmidt, Democratic 1001 N.
    [Show full text]
  • Notice of General Election Jefferson County
    NOTICE OF GENERAL ELECTION JEFFERSON COUNTY In compliance with K.S.A. 25-105, notice is hereby made that a General Election will be held on the 8th day of November, 2016. The polls will be open from 7:00 a.m. to 7:00 p.m. at all regular polling places in Jefferson County. Polling locations are listed after the candidate names. The names of candidates and declarations are as follows. 2016 NATIONAL AND STATE OFFICES US PRESIDENT Clinton and Kaine, Democratic Johnson and Weld, Libertarian Stein and Baraka, Independent Trump and Pence, Republican US SENATE Robert D. Garrard, Edgerton, Libertarian Jerry Moran, Manhattan, Republican Patrick Wiesner, Lawrence, Democratic US HOUSE OF REPRESENTATIVES-2nd District James Houston Bales, Lawrence, Libertarian Lynn Jenkins, Topeka, Republican Britani Potter, Ottawa, Democratic KANSAS SENATE-DISTRICT #2 Marci Francisco, Lawrence, Democratic Meredith Richey, Perry, Republican KANSAS SENATE DISTRICT #19 Zach Haney, Topeka, Republican Anthony Hensley, Topeka, Democratic KANSAS HOUSE OF REPRESENTATIVES-47th District Michael D. Caddell, Nortonville, Democratic Ronald B. Ellis, Meriden, Republican STATE BOARD OF EDUCTION – DISTRICT 4 Ann E. Mah, Topeka, Democratic Sue E. Mollenkamp, Topeka, Republican COUNTY OFFICES COUNTY COMMISSIONER-2nd DISTRICT Wayne Ledbetter, Perry, Republican COUNTY COMMISSIONER- 3RD DISTRICT Richard Malm, Valley Falls, Republican Jeff Van Wey, Valley Falls, Democratic COUNTY CLERK Linda M Buttron, Nortonville, Republican COUNTY TREASURER Lisa L. Buerman, McLouth, Republican COUNTY REGISTER OF DEEDS Delia Heston, Oskaloosa, Republican COUNTY ATTORNEY Josh Ney, Lawrence, Republican Jacob N. Smith, Shawnee, Democratic COUNTY SHERIFF Jeff Herrig, Ozawkie, Republican TOWNSHIP OFFICES DELAWARE TOWNSHIP TRUSTEE Gary Bernasek, Valley Falls, Republican DELAWARE TOWNSHIP TREASURER Lee M.
    [Show full text]
  • The Kansas Judiciary
    2018 Kansas Directory The Kansas Judiciary Kansas Judicial Center 301 S.W. 10th Ave., Topeka 66612-1507 785-296-3229 www.kscourts.org Kansas Supreme Court Chief Justice: Lawton R. Nuss Justices: Carol A. Beier, Dan Biles, Lee A. Johnson, Marla J. Luckert, Eric S. Rosen, Caleb Stegall The Kansas Supreme Court is the highest court in Kansas. It consists of seven justices, each of whom is selected by the governor from a list of three qualified individuals submitted by the Supreme Court Nominating Commission. After the first year in office, a justice is subject to a retention vote in the next general election. If a majority of electors votes to retain the justice, he or she remains in office for a term of six years. Justices are subject to a similar retention vote at the conclusion of each term. The justice who is senior in terms of continuous service is designated by the Kansas Constitution as the chief justice, unless he or she declines or resigns the position. The chief justice has general ad- ministrative supervision over the affairs of the court and of the unified judicial department of the state. Kansas Court of Appeals Chief Judge: Karen Arnold-Burger Judges: G. Gordon Atcheson, David E. Bruns, Michael B. Buser, Kathryn A. Gardner, Henry W. Green Jr., Stephen D. Hill, Steve A. Leben, Patrick D. McAnany, Thomas E. Malone, G. Joseph Pierron Jr., Anthony J. Powell, Kim R. Schroeder, Melissa Taylor Standridge The Kansas Court of Appeals consists of 14 judges. Candidates for appointment to the court of appeals apply to and are selected by the governor, subject to confirmation by a majority vote of the Senate.
    [Show full text]
  • Church Playground Gets Day in Court Over Equal Treatment Issue
    The 71st Annual Capital City Chorus Show Topeka EDITION includes Lawrence, Manhattan, Emporia & Holton EE! CASE FOR CHRIST FR Real life story SPECIAL GUESTS NE! The Area’s Most Complete Event Guide FEATURING: AKE O of one-time T atheist • Capital City Barbershop Chorus Lee Strobel • Capital Sound who becomes a • Young at Heart firm believer • DoubleStuf in Christ • Pizzazz PAGE 17 BOOMTOWN AT CCC SHOW Page 13 CELEBRATING FAITHA ,Cappella FA MSingingIL inY the A BarbershopND C StyleOMMUNITY IN NORTHEAST KANSAS May 2017 VISIT US AT facebook/metrovoicenews C5CVWTFC[/C[CVROelebrating 10 years! or metrovoicenews.com VOLUME 11 • NUMBER 9 TO ADVERTISAdultsE, CO NareT R$14IB inU TadvanceE, SUB &S C$16R IatB theE O doorR RECEIVE BULK COPIES, CALL 785-235-3340 OR EMAIL [email protected] Seniors & Students are $12 in advance & $14 at the door NEW RESIDENT For Information/Tickets: Kansas pro- church guCallid (785)e 273-9514Chur orc h(785) Pl 286-0619ayground Gets Day in Court over Northland Christian Church 2TQEGGFU$GPGſV life case has Topeka Rescue Mission Topeka EWestqua Highl Tr Schooleatment Issue far-reaching 2001 SW Fairlawn • Topeka, KS 66606 ramifications A father/daughter abortion team that filed suit to block implementation of the Kansas ban on dismemberment abortions See inside has now been heard by the state Supreme ! Court. Kathy Ostrowski of Kansans for back cover Life says most of the judges seemed more than amenable to the idea that the state constitution contains a right to abortion. The sky is "It looked like they were salivating to create a right to abortion," she states.
    [Show full text]
  • Fugitive Slaves and the Legal Regulation of Black Mississippi River Crossing, 1804–1860
    Strengthening Slavery’s Border, Undermining Slavery: Fugitive Slaves and the Legal Regulation of Black Mississippi River Crossing, 1804–1860 BY JESSE NASTA 16 | The Confluence | Spring/Summer 2017 In 1873, formerly enslaved St. Louisan James master’s consent, or of the passenger’s free status, P. Thomas applied for a United States passport. persisted until the Civil War.3 After collecting the passport at his attorney’s office, Yet, while the text of the Missouri statute Thomas hurried home “to take a look at it” because remained fairly constant, its meaning changed over he had “never expected to see” his name on such a the six tumultuous decades between the Louisiana document. He marveled that this government-issued Purchase and the Civil War because virtually passport gave him “the right to travel where he everything else in this border region changed. The choose [sic] and under the protection of the American former Northwest Territory, particularly Illinois, flag.” As Thomas recalled in his 1903 autobiography, was by no means an automatic destination for those he spent “most of the night trying to realize the great escaping slavery. For at least four decades after the change that time had wrought.” As a free African Northwest Ordinance of 1787 nominally banned American in 1850s St. Louis, he had been able to slavery from this territory, the enslavement and cross the Mississippi River to Illinois only when trafficking of African Americans persisted there. “known to the officers of the boat” or if “two or three Although some slaves risked escape to Illinois, reliable citizens made the ferry company feel they enslaved African Americans also escaped from this were taking no risk in carrying me into a free state.”1 “free” jurisdiction, at least until the 1830s, as a result.
    [Show full text]
  • Appellate Practice Handbook
    KANSAS APPELLATE PRACTICE HANDBOOK 6TH EDITION KANSAS JUDICIAL COUNCIL Subscription Information The Kansas Appellate Practice Handbook is updated on a periodic basis with supplements to reflect important changes in both statutory law and case law. Your purchase of this publication automatically records your subscription for the update service. If you do not wish to receive the supplements, you must inform the Judicial Council. You may contact the Judicial Council by e-mail at [email protected], by telephone at (785) 296-2498 or by mail at: Kansas Judicial Council 301 SW 10th, Ste. 140 Topeka, KS 66612 © 2019 KANSAS JUDICIAL COUNCIL ALL RIGHTS RESERVED ii PREFACE TO THE SIXTH EDITION This is the first edition of the Handbook since the advent of electronic filing of appellate cases. All prior editions, while containing some useful suggestions, are obsolete. With clear marching orders from our Supreme Court, all appellate attorneys must enroll and monitor their cases. Paper filing is now relegated to litigants that are unrepresented. Prompted by these massive changes we have consolidated some chapters and subjects and created new sections for electronic filing. But there is more to an appeal than just getting in the door. Scheduling, briefing, and pre- and post-opinion motion practice are dealt with. We sincerely hope that this work will be helpful to all who practice in this important area of the law. It is an attempt to open up the mysteries of electronic filing of appellate cases in Kansas. I must shout from the rooftops my praise for Christy Molzen with the Kansas Judicial Council, who has done all of the heavy lifting in putting this handbook together.
    [Show full text]
  • 1 United States District Court
    UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA JAMES A. BARNETT, ) ) Plaintiff,) v. ) No. 1:06-cv-235 ) Edgar/Lee LENDA CLARK; KEN COX; ) DEPUTY SILER; SHERIFF BILLY LONG; ) JIM HART, CHIEF OF CORRECTIONS; ) HAMILTON DISTRICT ATTORNEY BILL ) COX; ) ) Defendants. ) MEMORANDUM James A. Barnett ("Plaintiff"), a former Tennessee inmate brings this pro se complaint for damages pursuant to 42 U.S.C. § 1983, contending that he was illegally extradited to Tennessee in violation of his constitutional rights. Plaintiff has been released and now resides in Georgia (Court File # 67). The defendants are Lt. Lenda Clark ("Lt. Clark"), Ken Cox ("Deputy Cox"), Deputy Siler ("Deputy Siler"), Sheriff Billy Long ("Sheriff Long"), and Jim Hart, Chief of Corrections at Hamilton County Jail ("Chief Hart"). Hamilton County District Attorney Bill Cox was dismissed from this litigation by previous Order of this Court (Court File #53). Plaintiff asserts Defendants violated his constitutional rights when they extradited him from Georgia to Tennessee in absence of a signed Governor's extradition warrant, wavier of extradition rights, or habeas hearing. Plaintiff contends he is entitled to damages for these constitutional violations. Defendants contend that a violation of the procedures provided in the Uniform Criminal 1 Case 1:06-cv-00235 Document 76 Filed 01/22/08 Page 1 of 21 PageID #: <pageID> Extradition Act (“UCEA”), codified in Tennessee at Tenn. Code Ann. § 40-9-101 et. seq.1 does not create a cognizable constitutional claim under § 1983 in the Sixth Circuit and the release of Plaintiff in September of 2006 to the Hamilton County Sheriff’s Department is governed by the UCEA.
    [Show full text]
  • Appendixg Fugitive Dust Control Plan
    APPENDIXG FUGITIVE DUST CONTROL PLAN As required by §324.5524 a fugitive dust control plan has been prepared. Pertinent sections are as follows: (1) The provisions of this section, including subsection (2), shall apply to any fugitive dust source at all mining operations. (2) Except as provided in subsection (8), a person responsible for any fugitive dust source regulated under this section shall not cause or allow the emission of fugitive dust from any road, lot, or storage pile, including any material handling activity at a storage pile, that has an opacity greater than 5% as determined by reference test method 9d. Except as otherwise provided in subsection (8) or this section, a person shall not cause or allow the emission of fugitive dust from any other fugitive dust source that has an opacity greater than 20% as determined by test method 9d. The provisions of this subsection shall not apply to storage pile material handling activities when wind speeds are in excess of25 miles per hour (40.2 kilometers per hour). (3) In addition to the requirements of subsection (2), and except as provided in subdivisions (e), (f), and (g), a person shall control fugitive dust emissions in a manner that results in compliance with all of the following provisions: (iv) All unloading and transporting operations of materials collected by pollution control equipment shall be enclosed or shall utilize spraying, pelletizing, screw conveying, or other equivalent methods. (v) Crushers, grinding mills, screening operations, bucket elevators, conveyor transfer points, conveyor bagging operations, storage bins, and fine product truck and railcar loading operations shall be sprayed with water or a surfactant solution, utilize choke-feeding, or be treated by an equivalent method in accordance with an operating program required under subsection (4).
    [Show full text]
  • The Wichita Massacre | SOURCES
    The Wichita Massacre | SOURCES “Heather Muller” - www.heatherscamp.org - By Tania Muller (sister) and Jill (Heitkotter) Crotty (sister in Delta Gamma) - March 2001 “Was This Kansas Killing Spree A Brotherly Affair?” - CNN.com - By Matt Bean - October 4, 2002 “D eputy Recalls Moment of Discovering Bodies “ - T he Wichita Eagle - By | Ron Sylvester – October 07, 2002 “C arr Trial: Survivor Describes Sexual Attacks by Armed Intruders” - The Topeka Capital-Journal - By - Roxana Hegeman – October 8, 2002 “W ichita Case of Black Racist Crime Survivor's Testimony Horrifies Courtroom ” - T he Wichita Eagle - By Ron Sylvester – October 09, 2002 “W oman Testifies That Carrs Killed Her Friends in a Soccer Field” - The Wichita Eagle - By| Ron Sylvester – October 10, 2002 “R eginald Carr Had $996, Victims' Credit Card, Watch” - The Wichita Eagle - By Hurst Laviana – October 11, 2002 “V ictims' Belongings Linked to Defendant” - T he Wichita Eagle - By Ron Sylvester – October 12, 2002 “Brutal Killings Grip Wichita Kansas” - The Edwardsville Intelligencer - By Roxana Hegeman - October 12, 2002 “Carjacking Victim Testifies in Murder Trial” - Lawrence Journal-World - No author listed - October 12, 2002 “T rial Opens Window Into Night of Fear” - The Wichita Eagle – By Ron Sylvester – October 13, 2002 “Witness: Suspected Killer Had Ring Stolen From Homicide Victims” - Arizona Daily Sun - no author listed - Oct 14, 2002 “I Was Afraid,' Witness Says” - The Wichita Eagle – By Ron Sylvester – October 15, 2002 “A TM Photos Shown in Carr trial” - The Topeka Capital-Journal/AP
    [Show full text]
  • IN the SUPREME COURT of the STATE of KANSAS No. 119,315
    IN THE SUPREME COURT OF THE STATE OF KANSAS No. 119,315 STATE OF KANSAS, Appellee, v. BRENT J. CARTER, Appellant. SYLLABUS BY THE COURT 1. A jury instruction must be both legally and factually appropriate. An instruction on the defendant's theory of defense is factually appropriate if there is sufficient evidence, when viewed in the light most favorable to the defendant, for a rational fact-finder to find for the defendant on that theory. 2. Under K.S.A. 22-3203, multiple complaints against a defendant can be tried together if the State could have brought the charges in a single complaint under K.S.A. 22-3202(1). 3. K.S.A. 22-3202(1) permits joining multiple charges in a single complaint if the charges: (1) are of the same or similar character; (2) are part of the same act or transaction; or (3) result from two or more acts or transactions connected together or constituting parts of a common scheme or plan. 1 4. For the purposes of K.S.A. 22-3202(1), charges are connected together when: (1) a defendant provides evidence of one crime while committing another; (2) some of the charges are precipitated by the other charges; or (3) all of the charges stem from a common event or goal. Appeal from Sedgwick District Court; JEFFREY SYRIOS, judge. Opinion filed July 10, 2020. Affirmed. Ryan J. Eddinger, of Kansas Appellate Defender Office, was on the brief for appellant. Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.
    [Show full text]
  • {Crafting with Friends} Ular Trick Or Treat Experience
    THE SABETHA WEEKLY RECIPE SES PROGRAM SINCE 1876 No Bake Fourth grade students WEDNESDAY Chocolate Fudge perform music program OCT FUN&GAMES 12B SCHOOL&YOUTH 9B 19 2016 HALLOWEEN EVENTS Horrorfest Ghosts, goblins and ghouls will be out to spook you at the one-night-only event — the Old Albany Horrorfest and Hayrack Tour to be held Sat- urday, Oct. 29. The new event, sponsored by the Albany Historical Society and the Sabetha Chamber of Commerce, will be held one mile north of Sabetha on X4 Road. The scary good time lasts from 6 to 10 p.m., and will in- clude a horrific hayrack tour of the haunted grounds at Albany. The Albany Historical So- ciety will offering food at the “Leaky Cauldron Cafe” on site from 6 to 10 p.m. Admission is $3 or one non- perishable food item. Children 12 and under must be accompanied by an adult 18 or over. Crafty duo gives ladies a night out Trick or Treat Once again this year, the Sa- betha Police Department and Sabetha Chamber of Com- merce are teaming up to offer area families with a Spook-tac- {crafting with friends} ular Trick or Treat experience. The annual Sabetha Trick or Treat on Main Street event is KRISTA WASINGER The garage studio is decorated with rustic set for Monday, Oct. 31, begin- furniture and home decor, creating an in- ning at 4 p.m. with a Spook- Women in Sabetha and surrounding viting environment for ladies to create. tacular Story Time at Mary areas have taken to the crafting craze with “We understand how important it is Cotton Public Library.
    [Show full text]
  • Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 a Manual for Federal Prosecutors
    Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 A Manual for Federal Prosecutors December 2006 Prepared by the Staff of the Organized Crime and Racketeering Section U.S. Department of Justice, Washington, DC 20005 (202) 514-3594 Frank J. Marine, Consultant Douglas E. Crow, Principal Deputy Chief Amy Chang Lee, Assistant Chief Robert C. Dalton Merv Hamburg Gregory C.J. Lisa Melissa Marquez-Oliver David J. Stander Catherine M. Weinstock Cover Design by Linda M. Baer PREFACE This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Violent Crimes in Aid of Racketeering Statute, 18 U.S.C. § 1959. Prosecutors are encouraged to contact the Organized Crime and Racketeering Section (OCRS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of 18 U.S.C. § 1959 including any indictment, information, or criminal complaint, and a prosecution memorandum must be submitted to OCRS for review and approval before being filed with the court. The submission should be approved by the prosecutor’s office before being submitted to OCRS. Due to the volume of submissions received by OCRS, prosecutors should submit the proposal three weeks prior to the date final approval is needed. Prosecutors should contact OCRS regarding the status of the proposed submission before finally scheduling arrests or other time-sensitive actions relating to the submission. Moreover, prosecutors should refrain from finalizing any guilty plea agreement containing a Section 1959 charge until final approval has been obtained from OCRS. The policies and procedures set forth in this manual and elsewhere relating to 18 U.S.C.
    [Show full text]