Lujan v. State

The opinion of the court was delivered by

Davis, J.:

Ignacio Lujan petitions this court for review of an unpublished decision of the Court of Appeals affirming the district court’s denial of his K.S.A. 60-1507 motion. This court granted review on the limited issue of whether Lujan’s right to due process of law under the Fourteenth Amendment of the United States Constitution and state law was violated because he was denied the right to be present for the hearing on his K.S.A. 60-1507 motion. We reverse and remand for a hearing in the petitioner’s presence.

Lujan was convicted of two counts of…