State v. Denney

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 128,401 STATE OF KANSAS, Appellee, v. DALE M.L. DENNEY, Appellant. SYLLABUS BY THE COURT Courts construe pro se postconviction motions liberally when deciding whether to treat them as motions to correct an illegal sentence under K.S.A. 22-3504 or motions seeking habeas corpus relief under K.S.A. 60-1507. Courts consider the relief requested rather than adhere to formulaic pleading requirements. Relevant factors include how the defendant titled the motion, whether the defendant filed it under the criminal case number or as an independent civil…