James William Smith v. State of Kansas

MURRAH, Chief Judge.

The crux of petitioner’s complaint in this habeas corpus proceedings is that he has been denied due process of law in the Kansas sentencing court by inordinate delay in the adjudication of his asserted post-conviction remedy under K.S.A. 60-1507, and that he is, therefore, entitled to invoke federal habeas corpus to test the legality of his state restraint. The trial court discharged the writ on the ground that petitioner had not exhausted his pending state court remedy.

The Kansas post-conviction statute (60-1507) is patterned after the federal post-conviction statute…