Holmes v. State

The opinion of the court was delivered by

Nuss, C.J.:

This case arises out of the district court’s denial of Melvin Holmes’ motion for postconviction relief under K.S.A. 60-1507 without conducting an evidentiaiy hearing on his claims of ineffective assistance of appellate counsel. The Court of Appeals affirmed. We granted Holmes’ petition for review; our jurisdiction is under K.S.A. 203018(b).

We hold the district court erred in denying Holmes’ 60-1507 motion without conducting an evidentiaiy hearing. Consequently, we reverse the decisions of the Court of Appeals and district court and remand to…