Moncla v. State

The opinion of the court was delivered by

McAnany, J.:

David A. Monda, who was convicted of the 1995 murder of Diane Swinney, appeals from the district court’s summary denial of his K.S.A. 60-1507 motion in which he alleged prosecutorial misconduct, ineffective assistance of counsel, and newly discovered evidence. A divided panel of the Court of Appeals affirmed. Monda v. State, No. 94,811, unpublished opinion filed December 1, 2006. This court granted Moncla’s petition for review.

Swinney owned the Star’s Club, a Wichita bar where Kevin Robertson worked. According to the State’s witnesses,…