Littlejohn v. StateAnnotate this Case
The Supreme Court reversed the judgment of the court of appeals reversing the district court's summary denial of Defendant's second Kan. Stat. Ann. 60-1507 motion and remanding the case to the district court for an evidentiary hearing on the issue of whether trial counsel was ineffective, holding that the court of appeals applied an incorrect standard to determine whether the district court should have considered a second or successive motion.
In his second section 60-1507 motion Defendant argued that trial counsel was ineffective for failing to pursue a defense of mental defect and to request jury instructions regarding the defense of mental defect. The court of appeals reversed and remanded for a hearing on whether trial counsel was ineffective for failing to investigate Defendant's mental defect defense. The Supreme Court reversed, holding that the court of appeals erred in holding that the district court did not have to find exceptional circumstances to consider the merits of Defendant's section 60-1507 motion.