February 17, 2012 Court Decisions

Kansas Supreme Court

In re Richard E. Jones: Attorney discipline
#100,491 (SupCt) Original Proceeding in Discipline – Six-month suspension

State v. Deal: Criminal – Sufficiency of the evidence, “No Duty to Retreat” jury instruction, and sentencing
#98,292 (SupCt) Cowley District Court – Affirmed and Court of Appeals – Affirmed 

State v. O’Rear: Criminal – Reckless aggravated battery
#99,487 (SupCt) Wyandotte District Court – Reversed and Court of Appeals – Reversed

State v. Raskie: Criminal – Admissibility of “grooming” items, prosecutorial misconduct, Myspace evidence, motions for judgment of acquittal, PIK Crim. 3d 51.10, cumulative error, and cruel and unusual punishment 
#102,847 (SupCt) Johnson District Court – Convictions affirmed, sentence vacated, and remanded

Kansas Court of Appeals

In re Guardianship of Benham: Civil – Guardianship, least restrictive setting, and nursing care
#105,889 (CtApp) Norton District Court – Affirmed

In re Tax Appeal of Boy Scouts: Civil – Taxation and not-for-profit
#105,072 (CtApp) Kansas Court of Tax Appeals – Reversed and remanded with directions

State v. Clary: Criminal – Alternative means, mistrial, lesser-included jury instructions
#104,356 (CtApp) Crawford District Court – Affirmed

State v. Warren: Criminal – Jurisdiction, sentencing, and detainers
#104,489 (CtApp) Reno District Court – Affirmed in part, sentence vacated, and remanded with directions