Whaley v. State

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal from orders denying appellant’s motion to vacate sentence and motion for rehearing, both seeking post-conviction relief, pursuant to K. S. A. 60-1507. Although counsel was appointed and presented appellant’s motions in the district court, no evidence was adduced, and the motions were overruled.

Appellant complains the district court erroneously denied him a full evidentiary hearing and also his request to be present at such a hearing. The principal ground of appellant’s motion upon which he contends he was entitled to have…