Stewart v. State

Pierron, J.:

Derwin Stewart appeals the district court’s summary denial of his K.S.A. 60-1507 motion.

In 1996, Stewart was charged with aggravated assault and reckless second-degree murder following an incident where Stewart had struck a woman at least twice with his vehicle. Following a juiy trial, Stewart was convicted as charged and sentenced to 154 months for reckless second-degree murder and 12 months for aggravated assault, to be served consecutively.

On direct appeal, Stewart argued that the jury’s view of the crime scene without his presence violated his due process rights, and the…