Sperry v. McKune

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 112,455 JEFFREY SPERRY, Appellant, v. DAVID MCKUNE (Warden), et al., (Raymond Roberts, Kansas Department of Corrections), Appellees. SYLLABUS BY THE COURT 1. A petition may be dismissed under K.S.A. 2015 Supp. 60-212(b)(6) for failure to state a claim upon which relief can be granted. A district court considering a motion to dismiss filed under K.S.A. 2015 Supp. 60-212(b)(6) must decide the motion from the well-pleaded facts of plaintiff's petition. 2. Under K.S.A. 2015 Supp. 60-210(c), a written instrument attached as an exhibit to a pleading…