Stiles v. State

The opinion of the court was delivered by

Fkomme, J.:

The petitioner, Douglas Wesley Stiles, appeals from an order of the district court denying his motion to vacate without an evidentiary hearing. The motion was filed under K. S. A. 60-1507 to vacate sentences being served by him in the Kansas State Penitentiary.

He insists the failure to grant a full evidentiary hearing at which he might be present with counsel amounted to a denial of due process of law under the United States Constitution.

This court has held an evidentiary hearing is not required when no substantial issue of fact affecting…