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ALBRIGHT v. STATE

No. 102,454.

251 P.3d 52 (2011)

William D. ALBRIGHT, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

May 20, 2011.

Attorney(s) appearing for the Case

Gerald E. Wells , of Lawrence, argued the cause and was on the brief for appellant.

Lee J. Davidson , assistant attorney general, argued the cause, and Steve Six , attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

An appellate court's jurisdiction depends on several factors, including the timely filing of a notice of appeal. In this appeal, it is undisputed that the notice was not filed by the statutory deadline. Nevertheless, K.S.A. 60-1507 movant William D. Albright asks for a waiver of the rule as a remedy for the deficient performance of his appointed counsel. As evidence of his contention that he received ineffective...

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