State v. Davidson
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The Supreme Court affirmed the judgment of the district court summarily dismissing Defendant's motion filed under Kan. stat. Ann. 22-3501 seeking a new trial based on newly discovered evidence, holding that the district court did not err in summarily dismissing the motion as untimely.
More than twenty years after the Supreme Court affirmed Defendant's conviction of first-degree murder Defendant filed his section 22-3501 motion for a new trial based on newly discovered evidence. The district court denied the motion as time-barred. The Supreme Court affirmed, holding that the district court (1) did not err in construing Defendant's pleading to be a motion for a new trial and in refusing to construe it to be one brought under Kan. Stat. Ann. 60-1507; and (2) did not err in summarily dismissing the motion as untimely.
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