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220 Kan. 278

552 P.2d 633

Kirk v. State

Supreme Court of Kansas

Decided July 23, 1976

Supreme Court of Kansas · decided 1976-07-23

Relies on State Ex Rel. Sanborn v. Unified School District 259 · State v. Kirk · Tillman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-07-23

How this case has been cited

Cited by 12 later decisions — most recently September 2000

4 district · 8 state decisions

401976198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1 Petitioner, Edward L. Kirk, appeals from a ruling of the trial court denying relief in proceedings under K. S. A. 60-1507.

¶2 In 1970 petitioner was convicted of first degree burglary and larceny. This conviction was affirmed in State v. Kirk, 208 Kan. 645, 493 P. 2d 233. On October 2, 1974, petitioner filed a motion pursuant to 60-1507. The motion failed to allege unusual circumstances or an intervening change in the law which would justify reconsideration of points raised in petitioner’s direct appeal. The motion was overruled without an evidentiary hearing and an appeal was taken. While the appeal was pending court-appointed counsel filed a motion for a rehearing. This motion was likewise denied and this appeal from both rulings followed.

¶3 On appeal petitioner specifies several points, but briefs only two. The other points must be deemed abandoned. (State, ex rel., v. Unified School District, 218 Kan. 47, 542 P. 2d 664.) The points argued by petitioner relate to his alibi defense and the conduct of his attorney. Roth points were considered and resolved by this court in State v. Kirk, supra. A proceeding pursuant to 60-1507 may not be utilized as a substitute for a second appeal. (Supreme Court Rule No. 121 [c] [3], 214 Kan. xxxviii; Tillman v. State, 215 Kan. 365, 524 P. 2d 772.)

¶4 The judgment is affirmed.

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