TONEY v. STATE

No. 97,756.

187 P.3d 122 (2008)

Michael M. TONEY, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

June 27, 2008.


Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, for appellant.

Matt J. Maloney, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before McANANY, P.J., GREEN and CAPLINGER, JJ.


GREEN, J.

Michael M. Toney appeals from the trial court's judgment summarily denying his K.S.A. 60-1507 motion. The issues on appeal are: (1) whether the trial court erred in denying Toney's motion as untimely; (2) whether the trial court erred in denying Toney's motion as successive; and (3) whether the trial court erred in failing to hold an evidentiary hearing and in failing to make findings of fact and conclusions of law on Toney's ineffective assistance of counsel...

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