State v. Roberts
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In this consolidated appeal, the Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court summarily denying Defendant's motion to be discharged from custody, filed in his underlying criminal case, and Defendant's civil Kan. Stat. Ann. 60-1507 motion, holding that the lower courts did not err in denying relief.
On appeal, Defendant did not dispute the court of appeals' findings with respect to the district court's denial of his motion to be discharged from custody in his underlying criminal case. With respect to the denial of his section 60-1507 motion, Defendant argued that he should be able to argue certain exceptions warranted review of his untimely and successive motion. The Supreme Court affirmed, holding that the district court did not err in summarily denying Defendant's section 60-1507 motion as untimely and successive.
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