State v. MurrayAnnotate this Case
In 1983, Defendant was charged with felony murder and aggravated robbery. Prior to trial, the district court ordered and Defendant received a competency evaluation. The record, however, did not reflect that the district court conducted the mandated competency hearing mandated by Kan. Stat. Ann. 22-3302. Defendant was subsequently convicted. In 2009, Defendant filed a motion to correct an illegal sentence, arguing that the district court lacked jurisdiction to convict and sentence him due to the court’s failure to conduct a competency hearing. The district court denied the motion, but the Supreme Court remanded the case. On remand, the district court conducted a retrospective competency hearing and found that Defendant was competent to stand trial in 1983. The court then denied Defendant’s motion to correct an illegal sentence. The Supreme Court affirmed, holding (1) the district court did not exceed the Murray I mandate; and (2) the district court did not err in determining that the retrospective competency hearing could rectify the procedural due process error in Defendant’s underlying case.