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Stanley v. Sullivan

Supreme Court of Kansas

October 31, 2014

BILLY J. STANLEY, Appellant,
v.
SHAWN SULLIVAN, SECRETARY OF THE KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES, Appellee

Review of the judgment of the Court of Appeals in 49 Kan.App.2d 732, 314 P.3d 883 (2013) .

Appeal from Pawnee District Court; BRUCE T. GATTERMAN, judge.

SYLLABUS

BY THE COURT

1. When the legislature chooses to enact statutes that control specific areas that were formerly controlled by the common law, the statutory enactments supersede the common-law rules.

2. The intent of the legislature is the paramount guide to the meaning of a statute.

3. The fundamental rule of determining legislative intent is that the plain language selected by the legislature controls, unless that language is unclear or ambiguous.

4. By enacting K.S.A. 2013 Supp. 59-29a24, the legislature did away with any requirement that patients in the custody of the Secretary of the Kansas Department for Aging and Disability Services must exhaust administrative remedies before filing for habeas corpus relief.

Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, argued the cause and was on the briefs for appellant.

Corrine E. Johnson, litigation counsel, of Kansas Department for Aging and Disability Services, argued the cause, and Kimberly M.J. Lynch, special assistant attorney general, was with her on the briefs for appellee.

ROSEN, J. MICHAEL J. MALONE, Senior Judge, assigned.[1]

OPINION

Page 871

Rosen, J.

Billy J. Stanley is a persistent sex offender who is involuntarily committed to Larned State Security Hospital. He [300 Kan. 1016] seeks review of a published Court of Appeals opinion affirming a district court order dismissing his three petitions for writs of habeas corpus. The courts below agreed that Stanley's failure to

Page 872

exhaust administrative remedies precluded habeas ...


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