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GROSSMAN v. STATE

No. 107,929.

337 P.3d 687 (2014)

Patrick B. GROSSMAN, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

November 21, 2014.

Attorney(s) appearing for the Case

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

Matt J. Maloney , assistant district attorney, Nola Tedesco Foulston , former district attorney, and Derek L. Schmidt , attorney general, were on the briefs for appellee.

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

Patrick B. Grossman filed a motion for postconviction relief under K.S.A. 60-1507, alleging his counsel at a probation revocation hearing was unconstitutionally ineffective. The district court denied his motion after a preliminary hearing, and the Court of Appeals affirmed. We granted his petition for review.

We agree with Grossman that the Court of Appeals erred by applying the doctrine of res judicata...

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