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OFFICIALLY SELECTED CASES ARGUED AND DETERMINED IN THE COURT OF APPEALS OF THE STATE OF KANSAS Reporter: SARA R. STRATTON Advance Sheets 2d Series Volume 57, No. 4 Opinions filed in January - March 2020 Cite as 57 Kan. App. 2d Copyright 2020 by Sara R. Stratton, Official Reporter For the use and benefit of the State of Kansas JUDGES AND OFFICERS OF THE KANSAS COURT OF APPEALS CHIEF JUDGE: HON. KAREN ARNOLD-BURGER ………………… Overland Park JUDGES: HON. G. JOSEPH PIERRON, JR. ........................................... Olathe HON. HENRY W. GREEN, JR. ................................... Leavenworth HON. THOMAS E. MALONE ............................................. Wichita HON. STEPHEN D. HILL....................................................... Paola HON. MICHAEL B. BUSER ..................................... Overland Park HON. STEVE LEBEN ........................................................ Fairway HON. MELISSA TAYLOR STANDRIDGE................... Overland Park HON. G. GORDON ATCHESON ..................................... Westwood HON. DAVID E. BRUNS .................................................... Topeka HON. ANTHONY J. POWELL ............................................ Wichita HON. KIM R. SCHROEDER .............................................. Hugoton HON. KATHRYN A. GARDNER ......................................... Topeka HON. SARAH E. WARNER ................................................ Lenexa OFFICERS: Reporter of Decisions ................................... SARA R. STRATTON Clerk ............................................................ DOUGLAS T. SHIMA Judicial Administrator ..........................................NANCY DIXON Disciplinary Administrator ....................... STANTON A. HAZLETT (III) KANSAS COURT OF APPEALS TABLE OF CASES 57 Kan. App. 2d No. 4 PAGE Aikins v. Gates Corp. ............................................................ 875 Burch v. Howard ................................................................... 860 Estate of Randolph v. City of Wichita .................................... 686 Henderson v. Board of Montgomery County Comm'rs ........... 818 In re Care & Treatment of Jones ............................................ 808 In re Lien Against the District at City Center ......................... 884 In re Tax Appeal of Southwestern Bell Tel. Co. ..................... 723 Long v. Houser ...................................................................... 675 State v. Arceo-Rojas .............................................................. 741 State v. Daino ........................................................................ 653 State v. Hayes ........................................................................ 895 State v. Henry ........................................................................ 846 State v. Lamb ........................................................................ 633 State v. McCroy .................................................................... 643 State v. McKenna .................................................................. 731 State v. Roberts ..................................................................... 836 State v. Terning ..................................................................... 791 (IV) UNPUBLISHED OPINIONS OF THE COURT OF APPEALS DOCKET DISTRICT DATE OF TITLE NUMBER COURT DECISION DECISION A.W. v. L.M.Y................... 121,443 Reno ................... 02/14/2020 Reversed; remanded with directions Aikins v. Gates Corp. ......... 120,769 Workers Comp. ... 01/31/2020 Affirmed Banks v. Spirit Aerosystems Inc. .................................... 120,335 Workers Comp. ... 02/14/2020 Affirmed Bloom v. State ................... 120,739 Reno ................... 03/06/2020 Affirmed Bogue v. Palomino Petroleum, Inc.................... 119,367 Sedgwick ............ 01/21/2020 Affirmed Castro-Trejo v. Moreno ...... 121,063 Workers Comp. ... 01/31/2020 Affirmed City of Junction City v. Franklin ............................. 121,120 Geary .................. 02/21/2020 Affirmed City of Salina v. Matthews . 121,728 Saline .................. 02/28/2020 Affirmed 121,732 121,734 City of Salina v. Matthews . 121,721 Saline .................. 02/28/2020 Affirmed City of Topeka Municipal Court v. Lister.................... 120,713 Shawnee .............. 02/21/2020 Affirmed City of Wichita v. Jacobs.... 120,248 Sedgwick ............ 02/07/2020 Reversed; remanded with directions Dawson v. BNSF Railway Reversed; Company ........................... 112,925 Wyandotte ........... 01/21/2020 remanded Delehanty v. Board of Education of U.S.D. No. 475 .......................................... 120,122 Geary .................. 01/21/2020 Affirmed Dern v. State ...................... 120,152 Pottawatomie....... 03/06/2020 Affirmed Gambrill v. Blue Valley Reversed; Surgical Assocs., LLC ........ 121,170 Johnson ............... 01/03/2020 remanded with directions Goodpasture v. State .......... 120,195 Riley ................... 02/21/2020 Affirmed Guilbeaux v. Schnurr ......... 121,032 Butler .................. 01/10/2020 Affirmed Haley v. Employment Security Bd. of Review ...... 120,153 Sedgwick ............ 03/06/2020 Affirmed Harbacek v. Cline .............. 121,521 Butler .................. 02/28/2020 Affirmed Harris v. City Cycle Sales, Reversed; Inc. .................................... 121,127 Geary .................. 01/21/2020 remanded with directions In re A.P. ........................... 121,537 Leavenworth ....... 01/31/2020 Affirmed In re A.T............................ 121,895 Ford .................... 02/28/2020 Affirmed In re A.W. ......................... 121,482 Douglas ............... 01/31/2020 Affirmed 121,483 121,484 In re Adoption of T.M.M.H. 119,944 Johnson ............... 01/10/2020 Affirmed DOCKET DISTRICT DATE OF TITLE NUMBER COURT DECISION DECISION In re Care & Treatment of Craft .................................. 121,568 Wyandotte ........... 02/21/2020 Affirmed In re L.C. ........................... 120,072 Johnson ............... 01/10/2020 Affirmed 120,073 In re M.M. ......................... 121,796 Johnson ............... 01/31/2020 Affirmed Kling v. State ..................... 120,869 Marshall .............. 01/31/2020 Reversed; remanded with directions Littlejohn v. State............... 115,904 Sedgwick ............ 01/10/2020 Reversed; remanded with directions Loggins v. State ................. 120,703 Sedgwick ............ 01/24/2020 Affirmed Madison v. Kansas Dept. of Revenue ............................ 120,186 Rooks.................. 01/10/2020 Affirmed Murray v. Kansas Dept. of Revenue ............................ 120,357 Dickinson ............ 02/14/2020 Affirmed Peacock v. Smiley .............. 120,455 Reno ................... 02/21/2020 Affirmed in part; reversed in part; remanded with directions Peralta-Diaz v. Ortega ........ 120,291 Sedgwick ............ 02/07/2020 Affirmed Reed v. State ...................... 119,484 Wyandotte ........... 03/06/2020 Affirmed Richard v. State ................. 120,298 Sedgwick ............ 01/21/2020 Affirmed Ritter v. Gas-Mart USA, Inc. Reversed; .......................................... 120,782 Chase .................. 03/06/2020 remanded with directions Rivera v. State ................... 119,577 Sedgwick ............ 02/14/2020 Affirmed; appeal dismissed Schaberg v. State ............... 119,599 Sedgwick ............ 02/14/2020 Affirmed State v. Alger ..................... 121,351 Montgomery........ 03/06/2020 Affirmed State v. Andrews ................ 113,971 Sedgwick ............ 03/06/2020 Affirmed State v. Applegate .............. 120,303 Sedgwick ............ 02/14/2020 Affirmed State v. Bailey.................... 121,177 Johnson ............... 02/14/2020 Affirmed 121,178 State v. Ballard .................. 118,739 Reno ................... 01/31/2020 Affirmed State v. Barlow .................. 120,166 Geary .................. 02/07/2020 Affirmed State v. Befort .................... 120,482 Saline .................. 02/07/2020 Affirmed 120,483 120,484 120,485 120,576 State v. Bergman ................ 120,423 Sedgwick ............ 03/06/2020 Affirmed State v. Bewley .................. 121,070 Montgomery........ 02/28/2020 Affirmed State v. Biurquez ................ 121,197 Sedgwick ............ 01/21/2020 Affirmed State v. Black ..................... 120,412 Reno ................... 02/14/2020 Affirmed State v. Blaurock ................ 121,140 Wyandotte ........... 02/07/2020 Affirmed State v. Boatwright ............ 121,210 Shawnee .............. 01/10/2020 Affirmed (VI) DOCKET DISTRICT DATE OF TITLE NUMBER COURT DECISION DECISION State v. Bollig .................... 120,398 Trego .................. 02/21/2020 Reversed; remanded with directions State v. Britton ................... 121,306 Reno ................... 01/31/2020 Affirmed State v. Brown ................... 120,581 Sedgwick ............ 01/31/2020 Affirmed 120,582 State v. Brownfield ............ 119,853 Reno ................... 01/31/2020 Affirmed in part; remanded with directions State v. Brunson ................. 118,555 Wyandotte ........... 02/07/2020 Affirmed State v. Bubeck .................. 121,401 Sedgwick ............ 03/06/2020 Appeal dismissed 121,402 121,403 State v. Bunce .................... 119,048 Douglas ............... 01/10/2020 Reversed; remanded with directions State v. Butler .................... 121,251 Sedgwick ............ 02/28/2020 Affirmed 121,252 State v. Cain ...................... 121,243 Sedgwick ............ 02/28/2020 Affirmed State
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