KING v. STATE

No. 94,117.

154 P.3d 545 (2007)

Douglas R. KING, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

March 30, 2007.


Attorney(s) appearing for the Case

Martin J. Peck, of Hyndman & Peck, L.L.P., of Wellington, for appellant.

Kassie L. McEntire, assistant county attorney, Shawn R. DeJarnett, county attorney, and Phill Kline, attorney general, for appellee.

Before GREEN, P.J., ELLIOTT and MALONE, JJ.


GREEN, J.

Douglas King appeals from the trial court's judgment denying his K.S.A. 60-1507 motion. First, King argues that his attorney on direct appeal was ineffective for failing to timely file his appellate brief, resulting in dismissal of his appeal. We agree. Because King's counsel's untimely filing of the brief fell below an objective standard of reasonableness and because such performance was highly prejudicial as it foreclosed King's right to a direct appeal...

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