State v. KingsleyState v. Kingsley
Alan W. Kingsley appeals from a summary denial of his pro se motion for relief from his first-degree murder conviction, which he filed pursuant to K.S.A. 2011 Supp. 60-260(b)(4),
Facts and Procedural Background
In 1991, a jury convicted Alan W. Kingsley of premeditated first-degree murder, in violation of K.S.A. 1990 Supp. 21-3401(a); aggravated robbery, in violation of K.S.A. 21-3427 (Weeks 1988); aggravated arson, in violation of K.S.A. 21-3719 (Weeks 1988); and forgery, in violation of K.S.A. 21-3710(b) (Weeks 1988). The sentencing court imposed three consecutive life sentences—a term of 15 years to life for aggravated robbery, life without parole for 40 years for premeditated murder, and another term of 15 years to life for aggravated arson. (This conviction was later reversed and remanded on direct appeal, reduced to a charge of arson, and re-sentenced to a term of 5 to 20 years, to run concurrent with his other sentences.) A sentence of 1 to 5 years for forgery was run concurrent with the other sentences.
During the jury trial, the court instructed the jury by giving the pattern premeditated murder instruction, PIK Crim. 2d 56.01. As it relates to Kingsley’s current arguments, the pertinent portion of the instruction stated: “Deliberately and with premeditation means to have thought over the matter beforehand.” After having received that instruction, Kingsley’s jury, while deliberating, asked for clarification of the time frame required for premeditation. The trial court further instructed: “Premeditation under the law does not require any specific time frame. Please review instruction No. 5,” which was PIK Crim. 2d 56.01. On direct appeal, Kingsley argued the judge’s response to the jury’s question, which incorporated the language about which Kingsley now complains, was erroneous. This court rejected Kingsley’s argument, citing State v. Patterson,
In another issue raised by Kingsley in his direct appeal, he argued his mandatory hard 40 life sentence should be vacated because the jury’s verdict on premeditated first-degree murder was not unanimous. The trial court had instructed the jury that Kingsley was charged in Count One with murder in the first degree, which required proof that the killing was done with premeditation. In addition, the court instructed that Kingsley was charged in Count Two with felony murder in the first degree, which required proof that the killing was done while in the commission of aggravated robbery.
After that appeal, Kingsley brought several collateral attacks on his convictions and sentences, all of which have been unsuccessful. See Kingsley v. McKune,
In the current case, Kingsley filed a pro se “Motion for Relief from Judgment” and accompanying memorandum of law in 2012, which was more than 19 years after the entry of the final order in his direct appeal. In the motion, Kingsley cited K.S.A. 2011 Supp. 60-260(b)(4),
In the district court, the State filed a response to Kingsley’s pro se motion, noting that Kingsley had raised the same issues in his direct appeal. Citing State v. Neer,
Analysis
On appeal, Kingsley argues the summary dismissal of his motion was error. We reject his argument for a host of reasons relating to both procedural defects and a lack of merit. We need not address all of those reasons, however, because two threshold defects preclude Kingsleys success: (1) Kingsley filed his motion pursuant to statutes that do not apply to collateral attacks on a criminal conviction and sentence, and (2) his claims are barred under the doctrine of res judicata. Both of these defects present questions of law subject to our unlimited review. See State v. Mitchell,
Regarding the procedural deficiency, this court has previously held K.S.A. 2011 Supp. 60-260(b)(4) “does not provide a procedure for a criminal defendant to obtain postconviction relief from his or her conviction or sentence.” Mitchell,
Kingsley’s appellate counsel, apparently recognizing that relief cannot be afforded Kingsley pursuant to K.S.A. 2011 Supp. 60-260 or K.S.A. 60-2606, asks this court to liberally construe Kingsley’s pro se motion as a K.S.A. 60-1507 motion. In making this request, however, Kingsley’s counsel fails to mention the limitation in K.S.A. 60-1507(f), which states that an action filed pursuant to that statute must be “brought within one year of: (i) The final order of the last appellate
Instead, Kingsley seems to suggest we should address the merits of his pro se motion because the district court did not determine the motion was procedurally defective. Rather, the district court summarily denied Kingsley’s motion after concluding the issues were barred by die doctrine of res judicata. The problem with Kingsley s argument is that the district court correctly ruled that his action was barred.
The doctrine of res judicata provides that “where an appeal is taken from the sentence imposed and/or a conviction, the judgment of the reviewing court is res judicata as to all issues actually raised, and those issues that could have been presented, but were not presented, are deemed waived.” Neer,
Kingsley’s direct appeal from his convictions obviously involved the same parties, and it resulted in a final judgment on the merits. Further, the current action involves the same claims as those which were or could have been raised in his direct appeal. More specifically, as we previously noted, on Kingsley’s direct appeal this court found the jury instructions regarding premeditation, which included the language about which Kingsley now complains, appropriately reflected the law. Kingsley,
We note, however, that Kingsley’s counsel attempts to put a new twist on die argument by suggesting the manner in which the juiy was polled made it unclear whether the jury was indeed unanimous on both alternatives. Kingsley does not persuade us tiiat this polling issue is not barred by the doctrines of res judicata or waiver because the essence of this issue—unanimity—was or could have been raised on direct appeal. Plus, this twist is raised for the first time before us and fails on that basis alone. See State v. Cheffen,
Accordingly, the claims raised by Kingsley in his pro se motion are barred by the doctrine of res judicata. As a result, contrary to Kingsley s argument, the district court did not err in summarily dismissing Kingsley’s motion without appointing counsel or conducting an evidentiary hearing because the
Affirmed.