Verdict . News

Mar 4, 2025•4 min read

•Robert A. Mintz's Kansas law license was indefinitely suspended in February 2014 under Supreme Court Rule 225(a)

Kansas Supreme Court Reinstates Lawyer After 10-Year Suspension

The Kansas Supreme Court has reinstated attorney Robert A. Mintz's law license after a decade-long suspension that began in February 2014. Following a September 2024 hearing, a disciplinary panel found clear and convincing evidence supporting his petition for reinstatement.

•After nine years, Mintz filed a petition for reinstatement in May 2023, leading to a formal hearing in September 2024

Feb 28, 2025•4 min read

•Court established three-part test for breach of fiduciary duty: existence of duty, breach, and resulting injury

Kansas Supreme Court Sets Standards for Fiduciary Duty in Insurance Case

The Kansas Supreme Court issued a ruling in Stroud v. Ozark National Life Insurance Co. that clarifies legal standards for fiduciary duty claims and real party in interest requirements. The decision establishes a three-part test for breach of fiduciary duty claims and provides guidance on when fiduciary relationships exist.

•Real party in interest statute does not expand or restrict substantive rights to recover

Feb 28, 2025•4 min read

•Kansas appellate courts typically dismiss cases with untimely appeal notices, but three specific exceptions exist under State v. Ortiz precedent

Kansas Supreme Court Clarifies Appeal Deadline Exceptions in Collins

The Kansas Supreme Court reinforced procedural due process protections for criminal defendants seeking to appeal despite missing statutory deadlines. The court clarified a three-step burden-shifting analysis under State v. Ortiz that protects defendants' appeal rights when courts fail to provide proper advisements.

•The exceptions protect defendants who weren't informed of appeal rights, weren't provided counsel for appeals, or had ineffective counsel during the appeal process

Aug 30, 2024•4 min read

•Defendants who admit to criminal history in presentence reports cannot later challenge those admissions without meeting heightened proof standards

Kansas Supreme Court Sets Criminal History Standards in State v. Daniels

The Kansas Supreme Court ruled in State v. Daniels that defendants who admit to their criminal history in presentence investigation reports cannot later challenge those admissions without meeting a heightened burden of proof. The decision clarifies procedural standards for establishing and challenging criminal history during sentencing.

•Kansas law recognizes two distinct procedural stages for criminal history determination under K.S.A. 21-6814

Aug 30, 2024•4 min read

•Court ruled that attorney statements about potential conflicts don't create conflicts but may reveal existing ones

Kansas Supreme Court Affirms Murder Conviction, Sets Jury Instruction Rules

The Kansas Supreme Court affirmed a murder conviction in State v. Z.M., establishing important precedents on conflict of interest standards, aiding and abetting jury instructions, and unanimity requirements in cases with alternative murder theories.

•Affirmed that aiding and abetting instructions don't need to cover every aspect of the doctrine in one discussion