Fischer v. State

After a jury trial, Appellant was convicted of attempted first-degree murder, aggravated kidnapping, attempted rape, and criminal possession of a firearm. Appellant subsequently filed a pro se Kan. Stat. Ann. 60-1507 motion for postconviction relief claiming ineffective assistance of counsel. The trial court determined that Appellant would participate by telephone at the evidentiary hearing and refused to allow him to physically appear at the hearing. Following the hearing, the trial court denied the motion. A majority of the court of appeals panel reversed, holding that Appellant had to be physically present for the proceedings and that the district court had no discretion to order otherwise. The Supreme Court (1) reversed the court of appeals because its decision stripped district courts of the discretion they lawfully have; but (2) reversed the district court's judgment because the record on appeal was inadequate for the Court to conclude whether the district court abused that discretion. Remanded. View "Fischer v. State" on Justia Law