State v. Smith

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,949 STATE OF KANSAS, Appellee, v. SHELBERT SMITH, Appellant. SYLLABUS BY THE COURT 1. Although generally untimely appeals are not permitted, an untimely appeal may be allowed when: (1) the defendant was not informed of his or her right to appeal; (2) the defendant was not furnished an attorney to pursue the appeal; or (3) the defendant was furnished an attorney who failed to perfect the appeal. 2. The mandate rule does not constitute an inflexible jurisdictional barrier to a party's ability to raise a new issue following a remand. 3. In…