Stewart v. State

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 115,149 REGINALD STEWART, Appellant, v. STATE OF KANSAS, Appellee. SYLLABUS BY THE COURT 1. If a motion under K.S.A. 60-1507 presents substantial questions of law or triable issues of fact and the movant is indigent, the district court shall appoint counsel to assist the indigent movant. If a motion under K.S.A. 60-1507 presents a potentially substantial question of law or triable issue of fact, the district court has the statutory power to appoint counsel for movant in the exercise of its judicial discretion. 2. Even in circumstances where a…