(Download) "Jackson v. State" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Jackson v. State
- Author : Supreme Court of Kansas
- Release Date : January 07, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by In December 1957, the petitioner, William H. Jackson, was
convicted by a jury of burglary in the second degree and
sentenced to a term of not less than five nor more than ten
years, and for his natural life under the habitual criminal
act. No direct appeal was taken; however, a K.S.A. 60-1507 motion
for postconviction relief was filed February 15, 1965. As a result of the ensuing proceedings, this case has been
before us on two previous occasions. On its first appearance,
Jackson v. State, 197 Kan. 627, 419 P.2d 937, to which the
reader is referred for the factual background of this matter, the
case was remanded with directions that the action be dismissed
because under our then-existing rules (Rule No. 121 [c] [2],
194 Kan. XXVII), despite an adjudication finding the challenged
sentence void, the petitioner would still be confined under
another sentence resulting from conviction for another offense.
On the second occasion (Jackson v. State, 202 Kan. 194,
448 P.2d 18), inasmuch as Rule No. 121 [c] [2] had in the interim
been abrogated, we overruled our previous decision, recalled the
mandate, and directed the district court to determine the issues
presented in the motion.
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