Deadlines After a Conviction
K.S.A. 22-3608 — 14 days after the judgment to appeal, and one year for a motion attacking the sentence
14 days. For crimes committed on or after July 1, 1993, the defendant has 14 days after the judgment of the district court to appeal.
Who handles this in Kansas: Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.
Older crimes. For a crime committed before that date, the section gives 10 days: after the expiration of the district court's power to modify the sentence where sentence was imposed, or after the order suspending imposition of sentence where it was suspended.
One year, for a motion attacking the sentence. A prisoner in custody under sentence may move the court which imposed it to vacate, set aside or correct the sentence, on the grounds the section names. The motion must be brought within one year of the latest of the dates the section lists.
- The final order of the last appellate court in this state to exercise jurisdiction on a direct appeal, or the termination of that appellate jurisdiction.
- The denial of a petition for writ of certiorari to the United States supreme court, or that court's final order after granting the petition.
- The decision of the district court denying a prior motion under the section, or the last appellate ruling on that prior motion.
Manifest injustice. The court may extend the time only to prevent a manifest injustice, and its inquiry is limited to why the prisoner did not file within the one-year time limitation, or whether the prisoner makes a colorable claim of actual innocence. A finding of manifest injustice is stated in writing, with its factual and legal basis.
Docketing the appeal, assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Kansas attorney.
Sources for this section (2)
- K.S.A. 22-3608 — Time for appeal from judgment of district court
- K.S.A. 60-1507 — Prisoner in custody under sentence; motion attacking sentence, hearing and judgment; time limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.