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March 10, 2017

Each week the KBA provides digested summaries of the Kansas Supreme Court and Kansas Court of Appeals opinions to its members. For full text of the opinions, please visit

Kansas Supreme Court

  • Miller v. Board of County Commissioners: Civil—Did the Board have authority to immediately end Miller's employment, salary, and benefits
    #111,569 (SupCt) Wabaunsee District Court – Vacated and remanded, Court of Appeals – Reversed
  • State v. Evans: Criminal—Kansas self-defense immunity statute
    #112,000 (SupCt) Johnson District Court – Affirmed, Court of Appeals – Reversed
  • State v. Hardy: Criminal—Kansas self-defense immunity statute
    #110,982 (SupCt) Sedgwick District Court – Affirmed, Court of Appeals – Reversed
  • State v. Howard: Criminal—(1) Prior felony conviction, (2) motion to suppress—reclined car seat and probable cause, (3) motion in limine
    #110,439 (SupCt) Johnson District Court – Affirmed, Court of Appeals – Affirmed
  • State v. Mattox: Criminal—(1) Sixth Amendment - Sentencing, (2) Jury Instructions, (3) Right to Present a Defense, (4) Admissibility of Confession , (5) Sixth Amendment - State Expert’s Evaluation, (6) Cumulative Error
    #111,162 (SupCt) Johnson District Court – Convictions affirmed, sentence vacated and remanded

Kansas Court of Appeals

  • State v. Johnson: Criminal—(1) Did the judge sleeping on the bench result in structural error and a fatally flawed jury trial, (2) Was Johnson required to waive a jury trial on the issue of whether he had a prior felony conviction, (3) Was the district court required to instruct the jury on the lesser included offense of misdemeanor criminal discharge of a firearm
    #113,228 (CtApp) Sedgwick District Court – Reversed and remanded
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