Noyce v. State
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The Supreme Court reversed the decision of the court of appeals reversing the district court's summary denial of Defendant's untimely pro se motion to correct an illegal sentence under Kan. Stat. Ann. 22-3504, holding that Defendant did not raise a colorable claim to excuse his untimely filing.
The court of appeals recognized that Defendant's motion was untimely but concluded that Defendant had shown that extension of the one-year time period for filing his motion was necessary to prevent a manifest injustice. The court then remanded the case for an evidentiary hearing. The Supreme Court reversed, holding that Defendant failed to establish manifest injustice, and therefore, the district court did not err in summarily denying the motion.
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