Hayes v. State

Malone, J.:

Michael S. Hayes appeals the district court’s dismissal of his K.S.A. 2004 Supp. 60-1507 motion. The district court ruled the motion was barred by the 1-year statute of limitations at K.S.A. 2004 Supp. 60-1507(f), which became effective on July 1, 2003. L. 2003, ch. 65, sec. 1. We hold the 1-year statute of limitations at 60-1507(f) begins to run for preexisting claims on the date the statute became effective. Because Hayes filed his 60-1507 motion on November 25, 2003, the district court erred in dismissing the motion based upon the statute of limitations.

The facts are undisputed.…