Grossman v. State
Annotate this CaseAppellant entered a no contest plea to one count of violating the Kansas Offender Registration Act. Appellant’s intensive supervision officer later filed a warrant alleging that Appellant had violated the terms of his probation. After a probation revocation hearing, the district court revoked Appellant’s probation and ordered him to serve the balance of his prison sentence. A panel of the court of appeals affirmed. Appellant then filed a pro se motion for postconviction relief under Kan. Stat. Ann. 60-1507 asserting that his counsel provided ineffective assistance at the probation revocation hearing. The district court denied the motion. A panel of the court of appeals affirmed, concluding that the prior panel had already rejected Appellant’s arguments and that the doctrine of res judicata barred Appellant’s present claim. The Supreme Court affirmed, holding (1) the court of appeals erred by applying the doctrine of res judicata to bar Defendant’s claim; but (2) the claim was meritless, and therefore, the lower courts did not err in denying Appellant’s motion.
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