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HOLMES v. STATE

No. 100,666.

252 P.3d 573 (2011)

Melvin HOLMES, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

June 10, 2011.

Attorney(s) appearing for the Case

Michael P. Whalen , of Law Office of Michael P. Whalen, of Wichita, argued the cause and was on the briefs for appellant.

Matt J. Maloney , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with him on the briefs for appellee.

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

This case arises out of the district court's denial of Melvin Holmes' motion for postconviction relief under K.S.A. 60-1507 without conducting an evidentiary hearing on his claims of ineffective assistance of appellate counsel. The Court of Appeals affirmed. We granted Holmes' petition for review; our jurisdiction is under K.S.A. 20-3018(b).

We hold the district...

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