Breedlove v. State

The Supreme Court affirmed the decision of the court of appeals affirming the district court's summary denial of Defendant's Kan. Stat. Ann. 60-1507 motion but reversed the district court's imposition of a filing fee as a condition precedent to accepting Defendant's "motion for summary disposition," holding that summary denial of Defendant's motion was appropriate but that the district court's imposition of the filing fee was erroneous.Specifically, the Court held (1) the procedure employed by the district court in adopting the State's response as its findings did not deny Defendant due process; (2) the failure to appoint counsel to represent Defendant was not erroneous because the district court did not find substantial issues of law or triable issues of fact and did not conduct a hearing at which the State was represented; (3) the court of appeals properly determined that each of the substantive claims raised in Defendant's section 60-1507 motion did not warrant relief; and (4) the district court's imposition of the $195 filing fee for the dispositive motion was erroneous because Defendant had filed a poverty affidavit pursuant to Kan. Stat. Ann. 60-2001. View "Breedlove v. State" on Justia Law