Baker v. State

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Defendant was convicted of first-degree murder. On direct appeal, the Supreme Court affirmed Defendant's conviction but remanded the case for resentencing. Within one year of the resentencing hearing but more than one year after remand, Defendant filed a motion under Kan. Stat. Ann. 60-1507 alleging ineffective assistance of counsel. The district court dismissed the motion as untimely filed. The court of appeals reversed, concluding that the time limitation under section 60-1507 began ten days after resentencing. The Supreme Court affirmed, holding that, under the facts of this case, Defendant's motion was timely. Remanded. View "Baker v. State " on Justia Law