Proposed bill would limit repeat sentence challenges in Kansas

A sentencing court would not have to consider a second or later motion seeking similar relief. These rules concern people in custody under a sentence who seek to challenge it under this section. A later motion could proceed if it relies on a new constitutional rule made retroactive and applicable to the case, or on facts that could not have been found earlier with due care and that meet the stated innocence test. A second or later motion could not be filed while an appeal on an earlier motion is pending or may still be filed.

Poor legal help in an earlier challenge would not support relief in a later challenge. This rule concerns a prisoner's later action under the sentence-challenge section. The exception would apply only if the claim says the lawyer completely blocked the prisoner from appealing or seeking further review.

An appeal from a final decision on a death-sentenced prisoner's sentence challenge would go directly to the Kansas Supreme Court. This would cover a final decision in a sentence-challenge action filed by a prisoner sentenced to death.