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Appellate Court Digests
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Frid. Nov. 18 & Wed., Nov. 23, 2016

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

  • Sperry v. McKune: Civil—(1) Whether the district court and Court of Appeals erred by considering material outside of the pleadings when considering the motion to dismiss, (2) Whether the requirement to exhaust administrative remedies is jurisdictional and what standard of proof must be applied
    #112,455 (SupCt) Leavenworth District Court – Reversed, remanded with directions, Court of Appeals – Reversed
  • State v. Louis: Criminal—(1) was Louis entitled to a jury instruction on attempted second-degree murder as a lesser included offense of attempted first-degree murder, (2) was Louis entitled to a jury instruction on attempted reckless involuntary manslaughter, (3) did the prosecutor commit error by commenting on an evidentiary ruling, (4) was Louis' sentence illegally lengthy
    #110,853 (SupCt) Sedgwick District Court – Affirmed
  • State v. Schaal: Criminal—Did the district court abuse its discretion by denying Schaal's motion to withdraw plea on several findings that were not supported by substantial competent evidence
    #111,513 (SupCt) Wyandotte District Court – Reversed, Court of Appeals – Reversed

Kansas Supreme Court

  • Alain Ellis Living Trust v. Harvey D. Ellis Living Trust: Civil—(1) Did the district court err by ruling that punitive damages cannot be awarded against the assets of a deceased settlor's revocable trust, (2) Did the district court err by ruling that K.S.A. 58a-1002(a)(3) does not allow a double damage penalty to be assessed against a deceased malfeasant trustee
    #113,097 (CtApp) Sedgwick District Court – Affirmed
  • State v. Herrmann: Criminal—Did the district court have jurisdiction to resentence Herrmann because of a change in the law
    #114,887 (CtApp) Reno District Court – Affirmed
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