Penn v. State

Green, J.:

James A. Penn appeals from the trial court’s judgment denying his K.S.A. 60-1507 motion. Penn argues that our Supreme Court’s denial of his appellate counsel’s request to file a petition for review out of time should not bar his postconviction motion alleging ineffective assistance of counsel based on counsel’s failure to timely file a petition for review. We agree. Accordingly, we reverse, and Penn, if he wishes to do so, may file a petition for review with our Supreme Court if the petition is filed within 30 days of the mandate issued in this appeal.

In 1999, a jury convicted Penn…