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HICKSON v. STATE

No. 97,752.

182 P.3d 1269 (2008)

Darren R. HICKSON, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

May 16, 2008.

Attorney(s) appearing for the Case

Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, for appellant.

Kristi L. Barton, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

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

HILL, P.J.

Darren R. Hickson appeals an order in his criminal case denying him extra time to file a collateral attack against his conviction. In Kansas, a prisoner in custody, like Hickson, under sentence of a court of general jurisdiction, claiming the right to be released, must file a new civil action, commonly called a K.S.A. 60-1507 motion, to make such an attack. A defendant must bring this action within 1 year of the...

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