Vontress v. State

The opinion of the court was delivered by

Nuss, C.J.:

Damon Vontress contends the district court and Court of Appeals both erred in denying his motion for habeas relief as untimely under K.S.A. 60-1507(1). While admitting his motion was untimely filed after the 1-year limit in K.S.A. 60-1507(f)(l), Vontress argues the summaiy denial of his motion caused “a manifest injustice” which entitled him to an extension of the time limit under K.S.A. 60-1507(f)(2). Both lower courts rejected this argument with varying rationales. We granted review to clarify the manifest injustice standard in K.S.A.…