Beauclair v. State

The opinion of the court was delivered by Beier, J.:

This appeal addresses current law on whether a criminal defendant's claim of actual innocence excuses procedural defaults that would otherwise bar litigation of motions filed under K.S.A. 60-1507.

Defendant Danny E. Beauclair pleaded no contest in 2001 to one count of rape of a child under 14 years of age and one count of aggravated criminal sodomy of a child under 14 years of age. After an unsuccessful direct appeal, approximately two years after his original plea, Beauclair filed a motion to withdraw plea. The motion was based in part on a…