Legal Opinion

Hickson v. State

Court of Appeals of Kansas

Decided May 16, 2008No. 97,752PublishedCited by 8 opinions

1Opinion of the Court

Hill, J.:

Darren R. Hickson appeals an order in his criminal case denying him extra time to file a collateral attack against his conviction. In Kansas, a prisoner in custody, like Hickson, under sentence of a court of general jurisdiction, claiming the right to be released, must file a new civil action, commonly called a K.S.A. 60-1507 motion, to make such an attack. A defendant must bring this action within 1 year of the final order of the last appellate court in this state to exercise jurisdiction on a direct appeal or the termination of such appellate jurisdiction. Because Hickson has not…

2Cases cited5 opinions

  1. Lee Builders, Inc. v. Farm Bureau Mutual InsuranceSupreme Court of Kansas · 2006
  2. Tolen v. StateSupreme Court of Kansas · 2008
  3. Ludlow v. StateCourt of Appeals of Kansas · 2007
  4. Smith v. StateCourt of Appeals of Kansas · 1996
  5. State v. McKinneyCourt of Appeals of Kansas · 1985

3Cited by8 opinions

  1. State v. BerrethSupreme Court of Kansas · 2012
  2. State v. CobleNebraska Supreme Court · 2018
  3. LaPOINTE v. StateCourt of Appeals of Kansas · 2009
  4. Jason Wayne Hachmeister v. Thomas WilliamsDistrict Court, D. Kansas · 2026
  5. LaPOINTE v. StateCourt of Appeals of Kansas · 2009

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