Stewart v. StateAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming the district court's summary denial of Defendant's Kan. Stat. Ann. 60-1507 motion, holding that summary denial of the section 60-1507 motion was appropriate in this case.
On appeal, the court of appeals concluded that the district court erred in elying upon the State attorney's written response to Defendant's pro se motion without first appointing counsel for Defendant but that the error was harmless because the record conclusively established the Defendant was not entitled to relief. The Supreme Court affirmed while disagreeing with the court of appeals' resolution of the right to counsel issue, holding (1) the State's filing of a written response, standing alone, did not trigger Defendant's statutory right to counsel; and (2) the substantive claims Defendant raised in his section 60-1507 motion did not warrant relief.