Legal Opinion

Brooks v. State

Court of Appeals of Kansas

Decided September 4, 1998No. 78,973PublishedCited by 6 opinions

1Opinion of the Court

Kundson, J.:

Mikel Sherman Brooks appeals the summary denial of his pro se motion under K.S.A. 60-1507 attacking the underlying conviction and sentence imposed. We conclude its use constitutes an abuse of process and affirm the district court.

On December 9,1988, Brooks pled guilty to aggravated robbery and was sentenced to an indefinite term of 6 to 20 years. On June 16, 1989, the district court entered an order nunc pro tunc, providing that Brooks’ sentence was to be served consecutive to a sentence imposed in an earlier case.

Brooks filed his first K.S.A. 60-1507 motion on January 3,1991,…

2Cases cited8 opinions

  1. Salinger v. LoiselSupreme Court of the United States · 1924
  2. Wong Doo v. United StatesSupreme Court of the United States · 1924
  3. State v. RoyseSupreme Court of Kansas · 1993
  4. Lee v. StateSupreme Court of Kansas · 1971
  5. Dunlap v. StateSupreme Court of Kansas · 1977

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3Cited by6 opinions

  1. Woodberry v. StateCourt of Appeals of Kansas · 2004
  2. Love v. StateSupreme Court of Kansas · 2005
  3. Upchurch v. StateCourt of Appeals of Kansas · 2006
  4. Woodberry v. HanniganCourt of Appeals for the Tenth Circuit · 2002
  5. Hume v. McKuneDistrict Court, D. Kansas · 2001

1 more not listed; retrieve them via the Exa API.

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