Wahl v. State

The opinion of the court was delivered by

Nuss, C.J.:

Duane Wahl appeals from a Court of Appeals decision affirming the district court’s summary denial of his motion for postconviction relief under K.S.A. 60-1507. The lower courts relied on different rationales, but both concluded that procedural bars required summary denial.

We hold the lower courts both relied on erroneous rationales in summarily denying Walil’s 60-1507 motion. Accordingly, we reverse and remand this matter to the district court for further consideration of his claim.

Facts and Procedural History

In 2009, the State charged Wahl…