Niblock v. State

Abbott, C.J.:

This is a K.S.A. 60-1507 proceeding. The defendant, Philip Anthony Niblock, argues that the Honorable Richard W. Wahl should have been disqualified from hearing the 60-1507 motion because of the judge’s prior ex parte communication with the Kansas Correctional Institution at Lansing concerning defendant’s sentence, and that defendant’s sentences should all run concurrently.

The defendant was convicted and sentenced in 1980 as follows:

Count I - Aggravated robbery, K.S.A. 21-3427, five to twenty years, beginning September 22, 1980.

Count II — Felony theft, K.S.A. 21-3701, two to five…