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WIMBLEY v. STATE

No. 101,595.

275 P.3d 35 (2010)

292 Kan. 796

Will A. WIMBLEY, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

Original opinion filed August 12, 2011.

Modified Opinion filed November 23, 2011.

Attorney(s) appearing for the Case

Roger L. Falk , of Law Office of Robert L. Falk, P.A., of Wichita, argued the cause, and Will A. Wimbley , appellant, was on the brief pro se.

Lesley A. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with her on the briefs for appellee.

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

The State of Kansas seeks review of the Court of Appeals' decision which reversed the district court's summary denial of Will A. Wimbley's second K.S.A. 60-1507 motion. In addition to reversing the summary denial, the Court of Appeals reversed Wimbley's underlying convictions for first-degree murder and criminal possession of a firearm and remanded the case to the district court for a new trial with directions...

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