The State Supreme Court filed decisions in four appeals this past week, the full text of which is linked immediately following these digests:
Appeal No. 102,744: Lawrence Hamel v. Dennis Hamel and Leona Newell, Co-Trustees of the Arthur Hamel Living Trust, remanding a Rooks County estate case for further proceedings. (6-1 decision with Justice Nancy L. Moritz writing for the majority, and a separate dissent by Justice Carol A. Beier, who would have affirmed the district court decision in its entirety.) http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130405/102744.pdf
Appeal No. 103,509: State v. Lester Lawson, remanding the defendant’s Leavenworth County convictions of two counts of aggravated criminal sodomy on a child less than 14 years of age for a new trial based on a custodial interrogation that was conducted after he was appointed counsel, but without the attorney’s presence. (Unanimous, authored for the Court by Justice Lee A. Johnson.) http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130405/103509.pdf
Appeal No. 103,558: State v. Randy Herbel, affirming the defendant’s Marion County Jessica’s Law convictions of rape and aggravated indecent liberties with a child. (Unanimous, authored for the Court by Chief Justice Lawton R. Nuss.) http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130405/103558.pdf
Appeal No. 105,991: State v. Steve Moses, affirming a Wyandotte County decision denying defendant’s motion to withdraw his guilty plea to first-degree murder and aggravated robbery in the 1992 strangulation death of his 81-year-old next door neighbor. (Unanimous, authored by Chief Justice Lawton R. Nuss, agreeing with the district court that the motion to withdraw the appeal was filed too late.) http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130405/105991.pdf