Legal Opinion

Battrick v. State

Supreme Court of Kansas

Decided May 28, 1999No. 80,337PublishedCited by 15 opinions

1Opinion of the Court

The opinion of the court was delivered by

Six, J.:

Three consolidated K.S.A. 1998 Supp. 60-1501 habeas corpus cases challenge the constitutionality of K.S.A. 1998 Supp. 60-1501(b). The pro se habeas petitions of Danial C. Battrick, Phillip L. Harris, and Roy Gonzales were dismissed. The district court found that they were not filed within the 1501(b) 30-day period. The petitioners seek to have us reverse, claiming the 30-day limitation is unconstitutional.

Petitioners claim the 1501(b) 30-day limitation is: (1) a bill of attainder; (2) an unconstitutional limit on access to the courts; and (3) a…

2Cases cited30 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Procunier v. MartinezSupreme Court of the United States · 1974
  3. Michel v. LouisianaSupreme Court of the United States · 1956
  4. Thornburgh v. AbbottSupreme Court of the United States · 1989
  5. Johnson v. AverySupreme Court of the United States · 1969

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3Cited by15 opinions

  1. Fischer v. StateSupreme Court of Kansas · 2013
  2. Barrett Ex Rel. Barrett v. Unified School District No. 259Supreme Court of Kansas · 2001
  3. Holt v. SaiyaCourt of Appeals of Kansas · 2000
  4. Stanley v. SullivanSupreme Court of Kansas · 2014
  5. State v. PerezSupreme Court of Kansas · 2000

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