White v. State

The opinion of the court was delivered by Luckert, J.:

Around one year after a statutory deadline, Stephen D. White filed a motion under K.S.A. 60-1507 (Furse 2005). In his motion, White asked the district court to apply the manifest injustice exception in 60-1507(f), which allows consideration of 60-1507 motions even if filed late. The district court rejected White's manifest injustice argument, and White appealed. While his appeal was pending, the Legislature amended 60-1507 and changed the manifest injustice factors. As a matter of first impression for this court, we hold the amendments do…