Sola-Morales v. State

The opinion of the court was delivered by

Nuss, C.J.:

Santiago Sola-Morales filed a motion for postconviction relief under K.S.A. 60-1507, alleging his trial counsel was unconstitutionally ineffective. The district court denied his motion without conducting an evidentiary hearing, and the Court of Appeals affirmed. We granted his petition for review.

We hold the district court erred in denying the motion without conducting an evidentiary hearing. Accordingly, we reverse the decisions of the Court of Appeals and district court and remand to the district court for such a hearing.

Facts and…