Brown v. State

The opinion of the court was delivered by

Nuss, J.:

Charles D. Brown appeals the district court’s denial of his motion to file out of time his notice of appeal from the court’s earlier denial of his motion for postconviction relief under K.S.A. 60-1507. Our jurisdiction is under K.S.A. 20-3018(c), transfer from the Court of Appeals upon our motion.

The sole issue on appeal is whether the court erred in refusing to allow Brown’s appeal to be filed out of time. Because of the unique circumstances of the case, we hold the court erred. Accordingly, we reverse and remand to the district court with…