Clemons v. State

Buser, J.:

Marcus D. Clemons appeals the denial of his pro se K.S.A. 60-1507 motion filed in Sedgwick County District Court. The district court’s denial was based in part on Clemons’ failure to file his motion within the 1-year limitation period provided in K.S.A. 60-1507(f)(l). Clemons does not deny that he filed his motion beyond the 1-year limitation period. He contends the 1-year limitation period was equitably tolled during the time his pro se habeas corpus petition under 28 U.S.C. § 2254 (2000) was pending in the United States District Court for the District of Kansas.

Because the Kansas…