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STATE v. MONCLA

No. 81,584.

269 Kan. 61 (2000)

4 P.3d 618

STATE OF KANSAS, Appellee, v. DAVID A. MONCLA, Appellant.

Supreme Court of Kansas.

Opinion filed April 21, 2000.

Attorney(s) appearing for the Case

Mary D. Prewitt, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for appellant.

Elizabeth Rogers, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the was delivered by

SIX, J.:

This is a newly discovered evidence case. David A. Moncla was convicted of first-degree murder, K.S.A. 21-3401. His conviction was upheld on appeal. See State v. Moncla, 262 Kan. 58, 936 P.2d 727 (1997). Shortly after the direct appeal mandate was filed, Moncla moved for a new trial under K.S.A. 22-3501 based on newly discovered evidence...

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