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State v. Kingsley

Supreme Court of Kansas

June 13, 2014

STATE OF KANSAS, Appellee,
v.
ALAN W. KINGSLEY, Appellant

Appeal from Sedgwick District Court; WARREN M. WILBERT, judge.

Affirmed.

SYLLABUS

BY THE COURT

1. K.S.A. 60-1507 provides the exclusive statutory procedure for collaterally attacking a criminal conviction and sentence. Therefore, neither K.S.A. 2011 Supp. 60-260(b) nor K.S.A. 60-2606 can be used for that purpose.

2. If a direct appeal has been taken from a criminal conviction or sentence, the doctrine of res judicata provides that the parties to the appeal are barred from relitigating any issue decided in the direct appeal. Further, those issues that could have been presented in the direct appeal, but were not, are deemed waived in a collateral proceeding.

Mark Sevart, of Derby, was on the brief for appellant.

Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

LUCKERT, J. MORITZ, J., not participating.

OPINION

Page 1084

Luckert, J.

Alan W. Kingsley appeals from a summary denial of his pro se motion for relief from his first-degree murder conviction, which he filed pursuant to K.S.A. 2011 Supp. 60-260(b)(4), K.S.A. 2011 Supp. 60-260(b)(6),

Page 1085

and K.S.A. 60-2606. The district court summarily denied Kingsley's motion, concluding his claims are foreclosed under the doctrine of res judicata. We affirm that ruling and also hold that relief from a criminal conviction cannot be ...


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