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VONTRESS v. STATE

No. 102,904.

325 P.3d 1114 (2014)

Damon VONTRESS, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

May 30, 2014.

Attorney(s) appearing for the Case

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

Julie A. Koon , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney and Steve Six , attorney general, were with her on the brief for appellee.

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

Damon Vontress contends the district court and Court of Appeals both erred in denying his motion for habeas relief as untimely under K.S.A. 60-1507(f). While admitting his motion was untimely filed after the 1-year limit in K.S.A. 60-1507(f)(1), Vontress argues the summary denial of his motion caused "a manifest injustice" which entitled him to an extension of the time limit under K.S.A. 60-1507(f)(2). Both lower...

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