Legal Opinion

Rowell v. State

Court of Appeals of Kansas

Decided June 4, 2021No. 122719PublishedCited by 1 opinion

1Opinion of the Court

No. 122,719 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JAMES E. ROWELL, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. A 60-1507 motion is subject to a one-year filing limitation from the date the mandate issued in a direct appeal. That date "may be extended by the court only to prevent a manifest injustice." K.S.A. 2020 Supp. 60-1507(f)(2). The court may consider a movant's reasons for failing to timely file a 60-1507 motion when determining whether the manifest injustice exception applies. 2. Barring a claim before it arises constitutes manifest injustice warranting…

2Cases cited9 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Sola-Morales v. StateSupreme Court of Kansas · 2014
  3. Beauclair v. StateSupreme Court of Kansas · 2018
  4. White v. StateSupreme Court of Kansas · 2018
  5. Robertson v. StateSupreme Court of Kansas · 2009

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3Cited by1 opinion

  1. Quinn v. StateCourt of Appeals of Kansas · 2022

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