State v. JonesAnnotate this Case
In 2000, at the age of eighteen, Defendant was convicted as an adult of murder. In 2012, Defendant filed a second petition for collateral relief, alleging ineffective assistance of counsel and denial of due process because he was convicted while mentally incompetent. Although Defendant’s motion was entitled “Motion to Correct Illegal Sentence,” the district court deemed the motion a collateral challenge under Kan. Stat. Ann. 60-1507 and assigned it both a civil case number and a criminal case number. In the civil case, the court summarily denied the motion, determining that the pleading was both untimely and successive. In the criminal case, the court dismissed the motion, concluding that it was without merit. Defendant filed two notices of appeal, one to the Court of Appeals from the civil decision and one to the Supreme Court from the criminal caption. The Court of Appeals affirmed. In his appeal to the Supreme Court, Defendant argued that his conviction amounted to a denial of due process because, at the time of trial, he was a juvenile who suffered from a mental defect that rendered him incompetent. The Supreme Court also affirmed, holding that because Defendant's claim was procedural, not jurisdictional, Defendant could not prevail in his claim that his sentence was illegal.