Legal Opinion
Burch v. Howard
Court of Appeals of Kansas
Decided February 28, 2020No. 120704PublishedCited by 1 opinion
1Opinion of the Court
No. 120,704 IN THE COURT OF APPEALS OF THE STATE OF KANSAS TIMOTHY J. BURCH, Appellant, v. LAURA HOWARD, SECRETARY OF KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES, Appellee. SYLLABUS BY THE COURT 1. A petition filed under K.S.A. 60-1501 must allege shocking and intolerable conduct or continuing mistreatment of a constitutional stature. 2. Kansas appellate courts do not decide moot questions. The mootness doctrine stems from Kansas' case-or-controversy requirement. A justiciable controversy involves definite and concrete issues—adverse legal interests that are immediate, real, and…
2Cases cited14 opinions
- Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
- Kansas v. HendricksSupreme Court of the United States · 1997
- Bergstrom v. NoahSupreme Court of Kansas · 1999
- State Ex Rel. Morrison v. SebeliusSupreme Court of Kansas · 2008
- In Re the Care & Treatment of HaySupreme Court of Kansas · 1998
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3Cited by1 opinion
- Bankes v. Prisoner Review Bd.Court of Appeals of Kansas · 2021