White v. StateAnnotate this Case
In this case involving the manifest justice factors in Kan. Stat. Ann. 60-1507, both pre- and post-amendment, the Supreme Court held that, based on the record before it, it could not be determined whether Defendant established manifest injustice.
On year after a statutory deadline, Defendant filed a section 60-1507 motion asking the district court to apply the manifest injustice exception in section 60-1507(f), which allows consideration of section 60-1507 motions even if filed late. The district court denied the motion. While Defendant’s appeal was pending, the Legislature amended the statute and changed the manifest injustice factors. The Supreme Court remanded the case, holding (1) the amendments to section 60-1507 do not apply retroactively, and the preamendment factors govern Defendant’s appeal; and (2) although the district court applied the preamendment factors, the court’s findings of fact are insufficient for appellate review.