State v. Mitchell

The opinion of the court was delivered by

Johnson, J.:

In 1995, a jury convicted Michael Mitchell of felony murder. On direct appeal, this court affirmed the conviction. State v. Mitchell, 262 Kan. 687, 942 P.2d 1 (1997) (Mitchell I). Mitchell then unsuccessfully sought relief based on allegations of ineffective assistance of counsel through two K.S.A. 60-1507 motions, one filed in 1998 and the other in 2005. In this proceeding, Mitchell filed a motion pursuant to K.S.A. 2012 Supp. 60-260(b)(4) in 2011, claiming that the district court’s refusal to give his requested lesser included offense…