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CLEMONS v. STATE

No. 96,130.

182 P.3d 730 (2008)

Marcus D. CLEMONS, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

April 25, 2008.

Attorney(s) appearing for the Case

Marcus D. Clemons, appellant pro se.

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

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

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

BUSER, P.J.

Marcus D. Clemons appeals the denial of his pro se K.S.A. 60-1507 motion filed in Sedgwick County District Court. The district court's denial was based in part on Clemons' failure to file his motion within the 1-year limitation period provided in K.S.A. 60-1507(f)(1). Clemons does not deny that he filed his motion beyond the 1-year limitation period. He contends the 1-year limitation period was equitably tolled during the time his pro se habeas corpus...

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