State of Kansas v. Casinroyial Donje Caszarone Collins

Wichita, Kansas criminal defense lawyer represented the Defendant charged with aggravated robbery, kidnapping, and aggravated battery.



Legal issue Can an untimely appeal be excused based on exceptions for insufficient advisement of appellate rights or ineffective counsel?

Headnote



CRIMINAL PROCEDURE. APPELLATE JURISDICTION AND PROCEDURAL DUE PROCESS. The case addresses whether the defendant's right to appeal following a probation revocation was sufficiently communicated by the court, focusing on the applicability of the first exception from State v. Ortiz regarding procedural due process and the advisement of appellate rights.



CRIMINAL PROCEDURE. RIGHT TO COUNSEL AND EFFECTIVENESS. The judgment examines the third Ortiz exception, assessing whether the counsel's failure to file a timely appeal constitutes deficient performance, including considerations of actual advisement concerning appellate rights and the defendant's instructions to counsel.



CRIMINAL PROCEDURE. PRESERVATION OF ISSUES ON APPEAL. The court evaluates the application and misapplication of preservation rules, particularly the sufficiency of raising certain claims below and on appeal in relation to Ortiz exceptions.



CRIMINAL PROCEDURE. BURDEN OF PROOF IN ORTIZ EXCEPTIONS. The decision delineates the burden-shifting framework under the first Ortiz exception and the defendant's burden to establish ineffective assistance under the third Ortiz exception, emphasizing procedural due process and effectiveness of counsel.



Key Phrases Kansas appellate courts. Procedural due process. Ortiz exception. Appointed appellate counsel. Burden shifting analysis.

Defendant was found guilty.



Affirmed on appeal.