Breedlove v. State

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 115,401 TERRAL BREEDLOVE, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. Although not encouraged because it is susceptible to abuse, a district court's adoption of the State's response to a K.S.A. 60-1507 motion as the court's entire findings of fact and conclusions of law is not, as a matter of law, always reversible error. The K.S.A. 60-1507 movant has the burden to show that the district court failed to conduct an independent review of the motion, files, and records before summarily denying the motion. 2. An indigent K.S.A.…