Mundy v. StateAnnotate this Case
A Kansas court may proceed with a hearing on a Kan. Stat. Ann. 60-1507 motion after a defendant’s term of probation has expired and the defendant has been released from physical custody.
In her pro se motion filed under section 60-1507, Defendant argued that her counsel provided ineffective assistance during her criminal proceedings. The district court summarily denied the motion. The court of appeals affirmed, ruling that Defendant’s release from probation did not deprive the courts of jurisdiction but concluding that the court lacked jurisdiction to consider Defendant’s argument that her section 60-1507 counsel was ineffective because the issue was not included in the notice of appeal. The Supreme Court affirmed, holding (1) the court had jurisdiction over Defendant’s appeal even where she had been released from custody; (2) the court of appeals erred in concluding that it lacked jurisdiction to determine Defendant’s ineffective assistance of section 60-1507 counsel claim; (3) it was not clear from the record whether section 60-1507 counsel provided ineffective assistance of counsel; and (4) summary denial of Defendant’s 60-1407 motion was appropriate.