Nguyen v. StateAnnotate this Case
The Supreme Court reversed Defendant’s conviction for conspiracy to commit kidnapping, vacated his accompanying sentence, and reversed the district court’s order dismissing Defendant’s pro se motion under Kan. Stat. Ann. 60-1507, holding that Defendant’s motion was not procedurally barred and that the district court erred in dismissing the motion.
Defendant filed his third section 60-1507 motion claiming that multiple errors led to his 2003 convictions for felony murder and numerous other felonies. The district court dismissed the motion as time barred, successive, and noncompliant with the pleading requirements of Supreme Court Rule 183(e). The Court of Appeals concluded that Defendant had demonstrated the requisite manifest injustice to prevent his motion from being time-barred because his conviction for conspiracy to commit kidnapping was likely multiplicitous but affirmed on the bases of being successive and noncompliant with Supreme Court rules. The Supreme Court reversed and reversed Defendant’s kidnapping conviction, holding (1) Defendant’s motion substantially complied with Supreme Court Rule 183(e); and (2) the district court failed to make the requisite findings of fact and conclusions of law to support its decision.