Blog Posts in 2012

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Encroachment Laws to Be Enforced in Olathe, Kansas

I have always thought it would be nice to live right next to city owned property. You would have the benefit of having extra property at your disposal right? Not exactly. Olathe is clarifying that ...
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Two Women Sue State Troopers Over Drunk Driving Investigation Gone Too Far

Twenty four year old, Ashley Dobbs, and her thirty eight year old aunt, Angel Dobbs, are suing Texas state Troopers Kelley Hellerson and David Farrell in federal court. Allegedly, on July 13, 2012, ...
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Vehicle Related Bike Wreck

Three years ago I purchased quality mountain bikes for my wife and myself. We enjoyed it so much that we ended up getting bikes for the whole family so we could ride together. However, we quickly ...
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Evidence of Refusal To Take SFST Allowed Drunk Driving Case

Under the U.S. Constitution, you have a 5 th Amendment right to refuse the SFSTs in criminal DUI's correct? Wrong. The courts have deemed these "tests" as non-testimonial. However, ...
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K.S.A. 8-1522 and 8-1514

As a criminal defense lawyer I love the cases that discuss how cars on not trains on rails. Therefore, some level of weaving is perfectly acceptable. As a DUI defense attorney, I cannot tell you how ...
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Child's conduct toward parent irrelevant in child support payments

Trial Court erred in failing to follow two-step procedure for determining child support. Child's SSI from Father's disability does not constitute income to Father or credit for Mother. ...
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In a Split Decision, the Kansas Supreme Court Upholds Cap Limits

Section 5 of the Kansas Constitution Bill of Rights could not be simpler or more plain: "The right to trial by jury shall be inviolate." This is clear and should be followed. The decision ...
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Costs Growing Due to Aging Inmates

In 1970, young minor league pro baseball player William "Lefty" Gilday assisted a group of students attempting to rob a bank. Unfortunately, when the police responded, officer Walter ...
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Shaken Baby "Science" Disputable

On August 20, 2022, Drayton Witt was sentenced to twenty years in prison for the death of an infant. Allegedly, he killed the baby by shaking the child, which is known as "shaken baby." ...
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Judge Should Not Invade the Province Of The Jury

As a trial lawyer, it's always interesting to see the questions the juries send to the judge and the attorneys while they are deliberating. Typically, the answer to the juries is to rely on their ...
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Olympic Gold Medal Winner Sued by Parents

Tianna Madison won a gold medal in the Olympics for her athletic abilities. However, mouth may be earning her problems. Her parents, who attended the Olympic games to watch their daughter, are ...
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CBD Reported as Safe

Current Pharmaceutical Design published an online article stating that cannabidiol is safe for humans to take orally. It is a non-psychotropic cannabis plant which is well tolerated by humans. It is ...
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Anonymous Tips Are Not Always Reliable Enough To Justify A Stop

As a Kansas criminal defense lawyer, I often try to beat charges by arguing that the initial stop was illegal, in violation of the Fourth Amendment. The court then makes a legal determination as to ...
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Child Dependency Exemptions and Child Daycare Tax credit not mutually exclusive

Tax considerations in child support and custody matters. In a recent opinion, the Missouri Court of Appeals for the Western District recently recently clarified the distinction between dependency ...
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Public Safety Exception

Public Safety Exception Many criminal charges are the result of a traffic stop, leading to police finding drugs, evidence of impairment, or other criminal evidence. As a criminal defense lawyer, one ...
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Evidence Observed at Checklane Allowed

In State v. Jackson 24 Kan.App.2d 38, 942 P.2d 640 (1997), the Court of Appeals reversed the district court's ruling. The District Court had suppressed the evidence of marijuana, which was ...
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UM Coverage May Help

Uninsured Motorist Coverage Can Help Roughly 11 percent of all car accidents involve a hit-and-run The definition of a hit-and-run car accident is an accident where a driver fails to stop after the ...
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When do half-truths become untruths?

Occasionally, rarely, courts will illuminate, rather than obscure, the truth. In this opinion, the court of appeals articulated the best definition I have ever seen of when a half-truth becomes ...
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Differences in Property Classification between Kansas and Missouri law

A recent case demonstrates a key difference between Kansas law and Missouri law on the classification of property in a divorce case. In Jenkins v. Jenkins, the Missouri Court of Appeals for the ...
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Understanding the recent Supreme Court ruling on "Obamacare"

Through a strained and tortured logic, the Court, in 5-4 opinion, struck down the individual mandate—the requirement that individuals must purchase health insurance if they do not have it ...
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Jurors Acquit a "Guilty" Man

When the potential jurors arrived for trial in Harris County, Texas last week, they were asked a routine question during voir dire. The questions asked was, if the jurors believed beyond a reasonable ...
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Common household products can lead to false-positive marijuana tests

A recent study found that common shampoos, soaps and moisturizers commonly leads to false positive test results. Although the precise mechanism is unknown, common ingredients can confuse the test. ...
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Extra Harmful Drug Combinations

The reality is, drugs are harmful to our body. The same is true even for legal prescription drugs. However, as a criminal defense lawyer, I am well aware that many people often use drugs. I recently ...
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20% Child Support modification rule doesn't apply without change of circumstaces

Ordinarily, Missouri child support is subject to revision when financial circumstances change such that the child support amount by 20% or more. However, there must be an actual material change in ...
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Judge Didn't Trust Officers Who Used Deception

As a criminal lawyer, I often deal with law enforcement using deceptive practices. I was encouraged to hear about the recent decision from Florida by Judge Will. Apparently, the judge called into ...
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