STATE v. SMITH

No. 123,856.

510 P.3d 696 (2022)

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

Supreme Court of Kansas.

Opinion filed June 3, 2022.


Attorney(s) appearing for the Case

Richard Ney , of Ney & Adams, of Wichita, argued the cause and was on the briefs for appellant.

Lance Gillett , assistant district attorney, argued the cause, and Boyd K. Isherwood , assistant district attorney, Marc Bennett , district attorney, and Derek Schmidt , attorney general, were on the brief for appellee.


The critical issue in this case is whether a criminal defendant may file a second direct appeal to assert claims that would have existed at the time the first appeal was filed, when such claims were either not raised or abandoned in his first direct appeal. We hold he cannot. Because we lack...

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