Wahl v. StateAnnotate this Case
Defendant pled guilty to one count of first-degree murder. Just over one year later, the clerk of the district court received a pro se motion for postconviction relief pursuant to Kan. Stat. Ann. 60-1507, in which Defendant alleged that he received ineffective assistance of counsel. Defendant filed his supporting memorandum less than one month later. The district court summarily denied the motion, concluding that Defendant had waived his right to file a section 60-1507 motion based on the purported ineffective assistance of counsel and that the motion was time-barred. The Court of Appeals affirmed but on different grounds, concluding that Defendant’s supporting memorandum should be treated as an attempted section 60-1507 amendment and that the amendment was time-barred. The Supreme Court reversed, holding (1) the district court erred by concluding that Defendant waived his right to file a section 60-1507 motion alleging ineffective assistance of counsel; (2) the district court erred by concluding that Defendant failed to file his section 60-1507 motion within the one-year time limitation in Kan. Stat. Ann. 60-1507(f)(1); and (3) the Court of Appeals erred in affirming the district court’s dismissal after treating the supporting memorandum as an untimely amendment. Remanded.