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State v. Holt

Citations

  • 298 Kan. 469
  • 313 P.3d 826
  • 2013 WL 6388352
  • 2013 Kan. LEXIS 1301

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discussing the general rule from Deavers when evaluating the second and third factors from Raschke
  • treating movant's motion for new trial as a motion for habeas relief under K.S.A. 60-1507
  • stating there are four factors to consider in determining whether the Legislature's use of \shall\ makes a statutory provision mandatory or directory
  • finding dismissal of K.S.A. 60-1507 motion was proper due to its untimely filing, so no need to address district court's additional holding that motion was successive
  • noting the panel considering Holt's second K.S.A. 60-1507 motion found Holt's jury bias claim \could have been raised on direct appeal or in his first 60- 1507 motion\
  • articulating four factors to determine whether “shall” makes particular statutory provision mandatory or directory

Source: CourtListener parenthetical corpus (CC0).

Judges: Nuss

Read full opinion on CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

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