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SOLA-MORALES v. STATE

No. 104,388.

335 P.3d 1162 (2014)

Santiago SOLA-MORALES, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

October 24, 2014.

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 brief for appellant.

Boyd K. Isherwood , assistant district attorney, argued the cause, Nola Tedesco Foulston , former district attorney, Marc Bennett , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

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

Santiago Sola-Morales filed a motion for postconviction relief under K.S.A. 60-1507, alleging his trial counsel was unconstitutionally ineffective. The district court denied his motion without conducting an evidentiary hearing, and the Court of Appeals affirmed. We granted his petition for review.

We hold the district court erred in denying the motion without...

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