STATE v. SMITH

No. 110,061.

377 P.3d 414 (2016)

STATE of Kansas, Appellee, v. Shelbert L. SMITH, Appellant.

Supreme Court of Kansas.

Filed August 5, 2016.


Attorney(s) appearing for the Case

Michelle A. Davis , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Lance J. Gillett , assistant district attorney, argued the cause, and Marc Bennett , district attorney, and Derek Schmidt , attorney general, were with him on the brief for appellee.


Shelbert Smith appeals the district court's denial of his motion to file a direct appeal out of time. He argues that he should be allowed an untimely appeal because his appointed trial counsel failed to file the appeal that Smith requested. Because this case is presented to us without adequate...

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