TRY ME!
Filing Untimely Appeal Kansas
Summary
In Kansas, filing an untimely appeal requires proving excusable neglect, good cause, or manifest injustice. Manifest injustice can include newly discovered evidence, ineffective assistance of counsel, or procedural errors affecting trial fairness. If a prosecutor lies about charges to coerce a plea, it may be unethical. Costs for a private appellant attorney can range from $9,000 to $15,000. Relevant statutes include K.S.A. 22-3504 and K.S.A. 60-1507, which allow post-conviction relief for constitutional violations. Consider consulting a Kansas attorney for detailed advice.Full Conversation
manifest injustice
In Kansas, proving "manifest injustice" to file an untimely appeal is often challenging. Courts typically require compelling evidence that the delay severely affected the fairness of the trial or legal process.
Could you provide more details on what constitutes the "manifest injustice" in your case? This will help in understanding the strength of your claim.
Could you provide more details on what constitutes the "manifest injustice" in your case? This will help in understanding the strength of your claim.
i am not sure what are some examples
In Kansas, "manifest injustice" could include situations like:
- Newly discovered evidence that could significantly alter the outcome.
- Ineffective assistance of counsel.
- Procedural errors that severely impacted the fairness of the trial.
Could you describe any specific events or issues that you believe caused manifest injustice in your case?
- Newly discovered evidence that could significantly alter the outcome.
- Ineffective assistance of counsel.
- Procedural errors that severely impacted the fairness of the trial.
Could you describe any specific events or issues that you believe caused manifest injustice in your case?
manifest injustice through ineffective councel
To establish "manifest injustice" due to ineffective counsel in Kansas, you would generally need to demonstrate:
- The counsel's performance was deficient, falling below an objective standard of reasonableness.
- The deficient performance prejudiced the defense, affecting the outcome of the trial.
Could you elaborate on specific instances where your counsel's performance was ineffective? This will help gauge the strength of your case.
- The counsel's performance was deficient, falling below an objective standard of reasonableness.
- The deficient performance prejudiced the defense, affecting the outcome of the trial.
Could you elaborate on specific instances where your counsel's performance was ineffective? This will help gauge the strength of your case.
my counsel represented the witness on my case
It appears you may have grounds for an ineffective assistance of counsel claim if your attorney had a conflict of interest by representing a witness in your case. This can be a significant issue.
Have you documented any specific instances where this conflict negatively impacted your defense?
Have you documented any specific instances where this conflict negatively impacted your defense?
he got her a pleas deal for testifying aginst me
It sounds like you may have a strong case for ineffective assistance of counsel due to a conflict of interest. This situation could potentially demonstrate "manifest injustice," as your counsel's actions seem to have directly impacted your defense.
One question: Do you have any documentation or evidence that shows your counsel's actions and the plea deal offered to the witness? This could be crucial in supporting your claim.
One question: Do you have any documentation or evidence that shows your counsel's actions and the plea deal offered to the witness? This could be crucial in supporting your claim.
yes
Case Rating: *.
It seems you have a strong basis for claiming "manifest injustice" due to ineffective assistance of counsel. Having documentation or evidence showing your counsel's actions and the plea deal offered to the witness will significantly support your claim.
Consider consulting with a Kansas attorney specializing in appeals or criminal defense for detailed legal advice. If you need help finding one, let me know!
It seems you have a strong basis for claiming "manifest injustice" due to ineffective assistance of counsel. Having documentation or evidence showing your counsel's actions and the plea deal offered to the witness will significantly support your claim.
Consider consulting with a Kansas attorney specializing in appeals or criminal defense for detailed legal advice. If you need help finding one, let me know!
what are the legal parameters of manifest injustice in kansas
In Kansas, the legal parameters of "manifest injustice" involve demonstrating that:
- Newly discovered evidence could significantly change the trial's outcome.
- Ineffective assistance of counsel affected the trial's fairness.
- Procedural errors severely impacted the trial's integrity.
Do you need help finding an attorney specializing in appeals or criminal defense in Kansas?
- Newly discovered evidence could significantly change the trial's outcome.
- Ineffective assistance of counsel affected the trial's fairness.
- Procedural errors severely impacted the trial's integrity.
Do you need help finding an attorney specializing in appeals or criminal defense in Kansas?
yes
Kansas Bar Association Lawyer Referral Service
Phone: (*) *-*
Website: www.ksbar.org
This service can help you find a qualified attorney specializing in appeals or criminal defense.
Would you like more information on the process of filing an untimely appeal?
yes
In Kansas, filing an untimely appeal typically requires proving excusable neglect, good cause, or manifest injustice. Key steps include:
- Gathering documentation of the injustice.
- Demonstrating how the injustice impacted your trial's fairness.
- Consulting with an attorney for specific legal advice.
For more detailed guidance, you can review the Kansas Court of Appeals website or consult with a specialized attorney. Would you like additional resources on this process?
- Gathering documentation of the injustice.
- Demonstrating how the injustice impacted your trial's fairness.
- Consulting with an attorney for specific legal advice.
For more detailed guidance, you can review the Kansas Court of Appeals website or consult with a specialized attorney. Would you like additional resources on this process?
do you provide accurate information
Yes, I aim to provide accurate and helpful legal information. If you have any specific questions or need further clarification on your legal issue, feel free to ask!
can my prosector lie to me about charges in other counties to get me to take a plea
In Kansas, a prosecutor cannot knowingly lie to you about charges in other counties to coerce you into taking a plea deal. Such conduct may be considered unethical and could result in legal consequences for the prosecutor.
Would you like information on how to report this issue or seek legal assistance?
Would you like information on how to report this issue or seek legal assistance?
yes
In Kansas, if a prosecutor knowingly lies to you about charges in other counties to coerce you into taking a plea deal, you may have grounds for a legal complaint. Here’s how you can proceed:
~Kansas Attorney General's Office
Phone: (*) *-*
Website: www.ag.ks.gov
You can report unethical conduct by a prosecutor to the Kansas Attorney General's Office.
Would you like more information on how to file a formal complaint?
Phone: (*) *-*
Website: www.ag.ks.gov
You can report unethical conduct by a prosecutor to the Kansas Attorney General's Office.
Would you like more information on how to file a formal complaint?
how much is the usual cost for a private appellant attorney
The cost of hiring a private appellant attorney in Kansas can vary widely based on factors such as the attorney's experience, complexity of the case, and geographical location. On average, fees can range from $* to $* per hour.
Would you like tips on how to find a cost-effective attorney?
Would you like tips on how to find a cost-effective attorney?
how much total would this be
The cost of a private appellant attorney in Kansas can vary. Assuming a mid-range rate of $* per hour and an estimate of *-* hours for an appeal, the total cost could range from $*,* to $*,*.
Would you like tips on how to find a cost-effective attorney?
Would you like tips on how to find a cost-effective attorney?
i want the specific code for manifest injustice in kansas
In Kansas, the specific code sections related to manifest injustice in the context of post-conviction relief and untimely appeals are found in:
- K.S.A. *-*: This statute addresses the correction of illegal sentences, including claims of manifest injustice.
- K.S.A. *-*: This statute covers post-conviction relief, where manifest injustice can be a ground for relief.
Would you like more detailed information on these statutes?
- K.S.A. *-*: This statute addresses the correction of illegal sentences, including claims of manifest injustice.
- K.S.A. *-*: This statute covers post-conviction relief, where manifest injustice can be a ground for relief.
Would you like more detailed information on these statutes?
yes, on K.S.A. *-*
K.S.A. *-* is a Kansas statute that allows individuals to challenge their conviction or sentence post-conviction. Here's a brief overview:
- K.S.A. *-*: Allows a prisoner to request the court to vacate, set aside, or correct their sentence if it violates constitutional rights. Claims must demonstrate:
- The sentence was imposed in violation of the Constitution.
- The court lacked jurisdiction.
- The sentence exceeds the maximum authorized by law.
- It is otherwise subject to collateral attack.
Would you like more details on the process of filing under K.S.A. *-*?
- K.S.A. *-*: Allows a prisoner to request the court to vacate, set aside, or correct their sentence if it violates constitutional rights. Claims must demonstrate:
- The sentence was imposed in violation of the Constitution.
- The court lacked jurisdiction.
- The sentence exceeds the maximum authorized by law.
- It is otherwise subject to collateral attack.
Would you like more details on the process of filing under K.S.A. *-*?
Start a new chat