In re Wrongful Conviction of Bell
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The Supreme Court affirmed the judgment of the district court dismissing Appellant's wrongful conviction action brought under Kan. Stat. Ann. 60-5004 for failure to state a claim upon which relief can be granted, holding that Appellant was not entitled to relief on his allegations of error.
On appeal, Appellant argued that the district court incorrectly dismissed his suit because, among other things, factual questions remained over the application of Kan. Stat. Ann. 60-515(a) and the doctrine of equitable tolling. The Supreme Court disagreed and affirmed, holding (1) Appellant failed to show that the district court erred by declining to apply the doctrine of equitable tolling to his claim; and (2) the district court correctly dismissed Appellant's complaint for failure to state a claim upon which relief can be granted.
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