Fischer v. State

The opinion of the court was delivered by

Biles, J.:

The State of Kansas challenges a decision by a divided Court of Appeals panel ordering a correctional facility inmate’s physical presence at his K.S.A. 60-1507 evidentiary hearing. The majority reversed the trial court’s determination that the inmate would participate by telephone. The panel held that there was no discretion as a matter of law and ordered that the inmate be transported for new proceedings. Fischer v. State, 41 Kan. App. 2d 764, 765-69, 206 P.3d 13 (2009). To resolve the issue, we consider the circumstances under which a…