McDONALD v. HANNIGAN

No. 76,091

262 Kan. 156 (1997)

936 P.2d 262

DAVID R. McDONALD, Appellant, v. ROBERT D. HANNIGAN, et al., Appellees.

Supreme Court of Kansas.

Opinion filed April 18, 1997.


Attorney(s) appearing for the Case

David B. Kurt, of Hutchinson, argued the cause, and Cheryl I. Allen, of Legal Services for Prisoners, Inc., of Hutchinson, was on the brief for appellant.

Timothy G. Madden, of Kansas Department of Corrections, argued the cause, and Jon D. Graves, of Hutchinson Correctional Facility, was on the brief for appellees.


The opinion of the court was delivered by

LOCKETT, J.:

Prisoner David R. McDonald appealed the district court's summary denial of a petition for writ of habeas corpus, K.S.A. 60-1501. The Court of Appeals dismissed the appeal for lack of jurisdiction, holding that McDonald's notice of appeal was untimely filed. McDonald filed a petition for review claiming the expanded unique circumstances doctrine should be applied...

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