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RAWLINS v. STATE

No. 97,260.

182 P.3d 1271 (2008)

Damaris RAWLINS, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

May 16, 2008.

Attorney(s) appearing for the Case

Damaris Rawlins, appellant pro se.

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

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

HILL, P.J.

This appeal arises from the dismissal of a K.S.A. 60-1507 motion. Damaris Rawlins appeals the district court's summary denial of her motion. Under Kansas law, a prisoner in custody may seek habeas corpus relief by filing a K.S.A. 60-1507 motion. Our courts have held that someone on probation is "in custody" for purposes of filing such a motion. Rawlins was on probation when she filed her motion, but her probation ended before the district court could...

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