State v. Martin
279 P.3d 704
| Kan. | 2012Background
- Martin was convicted in 1986 of felony murder, aggravated kidnapping, and unlawful weapons violation, and received two consecutive life terms plus a concurrent 3–10 year weapons sentence.
- He moved to correct an illegal sentence challenging cumulative punishments for felony murder and underlying kidnapping from the same act of violence.
- The issue had been raised repeatedly in direct appeal and multiple postconviction motions and treated as barred by res judicata.
- On direct appeal, this court rejected a double jeopardy challenge to the separate convictions, citing Crump.
- The current K.S.A. 22-3504 motion was denied as previously determined, and this appeal follows a life-sentence jurisdictional review under K.S.A. 22-3601(b)(1).
- The district court’s sua sponte summary denial rested on res judicata and lack of new issues of law or fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Martin’s motion to correct an illegal sentence | Martin argues new pleading raises valid legal error | State asserts issue was previously raised and decided | Barred by res judicata |
| Whether a hearing is required for a K.S.A. 22-3504 motion | Martin contends he was entitled to counsel and a hearing | District court may summarily deny if no substantial issues are raised | No hearing required; summary denial upheld |
Key Cases Cited
- State v. Crump, 232 Kan. 265 (Kan. 1982) (double jeopardy and multiples prosecutions; no merger rule for underlying felony)
- State v. Ramos, 271 Kan. 520 (Kan. 2001) (consecutive sentences proper; no merger for felony murder with underlying act)
- State v. Jones, 292 Kan. 910 (Kan. 2011) (summary denial of motion to correct illegal sentence; de novo review)
- Conley, 287 Kan. 696 (Kan. 2008) (res judicata elements in postconviction motions)
- Neer, 247 Kan. 137 (Kan. 1990) (res judicata applicability to postconviction claims)
- England, 45 Kan. App. 2d 33 (Kan. App. 2010) (no substantial issues; possible summary denial)
- Winston v. Kansas Dept. of SRS, 274 Kan. 396 (Kan. 2002) (four elements of res judicata)