McMillan v. McKune

Greene, J.:

Charles McMillan appeals the district court’s dismissal of his K.S.A. 60-1501 petition on the ground that the court lacked jurisdiction due to the untimely filing of the petition. McMillan argues that he was not provided notice of his appeal rights and that his time to file the petition should be tolled during his efforts to exhaust administrative remedies. Concluding that estoppel and the doctrine of unique circumstances renders McMillan’s filing timely, we reverse the dismissal and remand for further proceedings.

Factual and Procedural Overview

McMillan is an inmate at Lansing…