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CASNER v. STATE

Nos. 94,433, 96,483.

155 P.3d 1202 (2007)

Gary CASNER, Appellant/Cross-appellee, v. STATE of Kansas, Appellee/Cross-appellant.

Court of Appeals of Kansas.

April 20, 2007.

Attorney(s) appearing for the Case

Brent Getty and Carl Folsom, III, of Kansas Appellate Defender Office, for appellant.

Bobby J. Hiebert, Jr., assistant county attorney, Ellen Mitchell, county attorney, and Phill Kline, attorney general, for appellee.

Before RULON, C.J., MALONE and HILL, JJ.

HILL, J.

This case was previously remanded to the district court to determine whether Casner could file an untimely appeal as permitted in State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982). It now returns to us because that court said he could so appeal. Both parties appeal. The State contends in its cross-appeal that the court erred in granting Ortiz relief. Meanwhile, in Casner's...

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