KSA §60-1507 Motions & Ineffective Assistance of Counsel
In Kansas, if your initial appeal is unsuccessful the next step to challenge your conviction and sentence is a motion under KSA §60-1507. These motions address issues including, new evidence, actual innocence, ineffective assistance of counsel, and other constitutional errors related to the original criminal proceeding.
Once a KSA § 60-1507 Motion is filed, the motion is reviewed by the same judge who handled the criminal case. The Court can take three actions once a KSA § 60-1507 motion is filed, (1) they can dismiss it without further hearing or consideration, (2) they can have a preliminary inquiry to determine if there are issues that require evidence and further consideration, or (3) they can grant an evidentiary hearing on the claims in the motion. While pro se forms are available through the Kansas Judicial Council, having counsel prepare and file the motion on your behalf can help avoid immediate dismissal of your KSA § 60-1507 motion.
Ms. Zigtema has extensive experience in post conviction litigation and KSA §60-1507 motions. Ms. Zigtema diligently reviews your case and employs additional resources such as investigators and experts to present the facts necessary to the Court to obtain a new trial or a better outcome than the prior proceeding. An experienced attorney is in the best position to determine what the prior attorney should have done or could have done to defend you better, Ms. Zigtema’s experience at both trial level and appellate practice place her in a position to scour your entire case to look for any errors.
KSA § 60-1507 motions are disfavored by the courts and the process is not friendly or designed to make reversing convictions easy. An experienced attorney is critical to winning relief on your KSA § 60-1507 motion.