State v. Hooks
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The Supreme Court declined to retain Appellant's appeal under the "unique circumstances doctrine" and refused to make factual findings, holding that remand was required for factual findings regarding the circumstances of the untimeliness of Appellant's notice of appeal.
Appellant was convicted of first-degree murder and other crimes. Later, Appellant filed a motion to correct an illegal sentence and argued that he was entitled to relief under Kan. Stat. Ann. 60-1507. The district judge denied the motion. Appellant filed a late notice of appeal, but the district judge did not make any findings on the record about the circumstances of the untimely appeal on the record. The Supreme Court remanded the case to the district court for further proceedings, holding (1) because the unique circumstances doctrine was eliminated as a source of appellate jurisdiction in 2011 it could not serve as a basis for jurisdiction in this case; and (2) maintaining jurisdiction on other due process-related grounds would require this Court to make factual findings, which this Court declines to do.
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