Tomlin v. State

McAnany, J.:

Edwin L. Tomlin appeals the district court’s summary denial of his K.S.A. 60-1507 motion. Tomlin claims his trial and appellate counsel were ineffective.

The State charged Tomlin with rape and aggravated indecent liberties with his 10-year-old stepdaughter. At trial the State admitted K.S.A. 60-455 evidence of his having engaged in the sexual abuse of five children from his prior marriages, some of which Tomlin ultimately admitted. During its deliberations, the jury sent the following note to the judge, indicating its less than unanimous findings on both counts:

“We are hung, 3 for…