State v. Phillips

The Supreme Court affirmed the judgment of the district court denying Defendant's motion for a new trial based on newly discovered evidence, holding that the district court correctly held that the motion was untimely filed.Defendant filed his motion under Kan. Stat. Ann. 22-3501, arguing that newly discovered evidence justified a new trial. The district court denied the motion, concluding that, under section 22-3501(1), the motion was out-of-time. On appeal, Defendant argued that the district court erred in holding that the two-year period in which the motion for a new trial must be filed began from the date the Supreme Court mandate was issued. Rather, Defendant argued that the final judgment was when the district conducted a "remand hearing." The Supreme Court disagreed, holding that the mandate was fully determinative of the issues and therefore rendered the judgment final. View "State v. Phillips" on Justia Law