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RICE v. STATE

No. 94,864.

154 P.3d 537 (2007)

Jerry D. RICE, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

March 30, 2007.

Attorney(s) appearing for the Case

Richard Ney, of Ney, Adams & Sylvester, of Wichita, for appellant.

Michael A. Russell, chief deputy district attorney, Jerome A. Gorman, district attorney, and Phill Kline, attorney general, for appellee.

Before ELLIOTT, P.J., CAPLINGER, J., and JOHNSON, Justice.

JOHNSON, J.

Jerry D. Rice appeals the district court's rulings in the proceedings instigated by a K.S.A. 60-1507 motion (1507 motion), in which Rice sought a new trial based on his claims of ineffective assistance of counsel and newly discovered evidence. We affirm the district court's denial of a new trial based on newly discovered evidence and affirm the district court's dismissal of the claims of trial counsel ineffectiveness, but reverse and remand for further...

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