NIBLOCK v. STATE

No. 57,910

11 Kan. App. 2d 30 (1985)

711 P.2d 771

PHILIP ANTHONY NIBLOCK, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Petition for review denied February 28, 1986.


Attorney(s) appearing for the Case

Harold T. McCubbin, of Harold T. McCubbin, Chartered, of Norton, for appellant.

Rod Ludwig, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before ABBOTT, C.J., SWINEHART and MEYER, JJ.


ABBOTT, C.J.:

This is a K.S.A. 60-1507 proceeding. The defendant, Philip Anthony Niblock, argues that the Honorable Richard W. Wahl should have been disqualified from hearing the 60-1507 motion because of the judge's prior ex parte communication with the Kansas Correctional Institution at Lansing concerning defendant's sentence, and that defendant's sentences should all run concurrently.

The defendant was convicted and sentenced in 1980 as follows:

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