State v. Collins

Summary

The Kansas Supreme Court held that the district court erred in denying Collins an out‑of‑time appeal under the first Ortiz exception because the State failed to prove Collins had actual knowledge of his right to appointed appellate counsel, and remanded for fact‑finding on whether he would have appealed if properly advised; it affirmed the lower courts’ conclusion that the third Ortiz exception does not apply because counsel acted per Collins’s instructions.