McIntyre v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of one count each of aggravated robbery, rape, aggravated criminal sodomy, kidnapping, and aggravated kidnapping. The court of appeals affirmed the convictions. In the following years, Defendant filed numerous state and federal claims, all without success. Defendant subsequently filed a motion seeking relief under Kan. Stat. Ann. 60-1507, asserting that his retained counsel in a previous section 60-1507 action had provided ineffective assistance in prosecuting his appeal. The district court denied the motion. The court of appeals affirmed without addressing the merits, ruling that the motion in the present case was filed more than one year after the mandate issued in the previous case and, therefore, Defendant was precluded from bringing the present action as a matter of law. Defendant appealed. The Supreme Court remanded, holding that, under the circumstances, the district court properly found an essential fact that was necessary to support its judgment on the merits, and therefore, the case must be remanded for the court of appeals to resolve the issue raised by Defendant in his brief.
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