SCOTT v. WERHOLTZ

No. 96,601.

171 P.3d 646 (2007)

Vincent SCOTT, Appellant, v. Roger WERHOLTZ, Secretary of Corrections, and State of Kansas, Appellees.

Court of Appeals of Kansas.

November 21, 2007.


Attorney(s) appearing for the Case

Michael J. Bartee, of Michael J. Bartee, P.A., of Olathe, for appellant.

Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before HILL, P.J., GREEN and MARQUARDT, JJ.


GREEN, J.

Vincent Scott appeals from the trial court's summary denial of his K.S.A. 60-1507 motion. First, Scott argues that the trial court should have appointed counsel and held a hearing to determine the factual validity of his assertion that his trial counsel was ineffective for allowing him to proceed to a bench trial on stipulated facts. Nevertheless, the record in this case shows that Scott was fully aware that he was waiving his right to a jury trial and was...

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