Fischer v. State

Greene, J.:

Craig Alan Fischer appeals the district court’s denial of his K.S.A. 60-1507 motion, arguing that he was prejudiced by not being present for an evidentiary hearing on his motion. We agree, vacate the district court’s order, and remand for an evidentiary hearing with Fischer present.

Factual and Procedural Background

In March 2001, Fischer was convicted after a jury trial of attempted first-degree murder, aggravated kidnapping, attempted rape, and criminal possession of a firearm. On direct appeal of his convictions, he challenged the sufficiency of the evidence to sup*765port his…