Kirk v. State

• Court: Kansas Supreme Court
• Writing for the Court: PER CURIAM
• Citation: Kirk v. State, 552 P.2d 633, 220 Kan. 278 (Kan. 1976)
• Decision Date: 23 July 1976
• Docket Number: No. 47993,47993
• Parties: Edward L. KIRK, Appellant, v. STATE of Kansas, Appellee.

Page 633

552 P.2d 633

220 Kan. 278

Edward L. KIRK, Appellant, v. STATE of Kansas, Appellee.

No. 47993.

Supreme Court of Kansas.

July 23, 1976.

Paul L. Thomas, of Arvin, Arvin, Busey & Thomas, Chartered, Wichita, was on the brief for appellant.

Stephen M. Joseph, Asst. Dist. Atty., Curt T. Schneider, Atty. Gen., and Keith Sanborn, Dist. Atty., were on the brief for appellee.

MEMORANDUM OPINION

PER CURIAM:

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

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 filed 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.

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...