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In "custody" for habeas purposes [NOT FINAL]

A pro se client won in Rawlins v. State, No. 97,260 (Kan. App. May 16, 2008), getting an order allowing her 1507 petition to go forward. Ms. Rawlins had been convicted and put on probation. After the convicton was affirmed on direct appeal, but while still on probation, Ms. Rawlins filed a K.S.A. 60-1507 motion claiming IAC. Before resolution, Ms. Rawlins completed probation. The district court subsequently held that it lost jurisdicition because she was no longer in "custody." The COA reviewed and followed precedent from federal habeas cases holding that so long as a prisoner is in "custody" at the time of filing, the court does not lose jurisdiction by completion of the sentence. And the COA reviewed the five claims raised and held that two of them required an evidentiary hearing.

Full post as published by Kansas Defenders on May 16, 2008 (boomark / email).