Zimmer v. State

The opinion of the court was delivered by This is a postconviction proceeding. William F. Zimmer was
convicted by a jury of the offenses of kidnaping in the first
degree, with harm inflicted (K.S.A. 21-449) and murder in the
first degree (K.S.A. 21-401). The jury imposed death for the
kidnaping and life imprisonment for the murder. Upon direct
appeal the conviction and sentences were affirmed (State v.
Zimmer, 198 Kan. 479, 426 P.2d 267, cert. den. 389 U.S. 933,
19 L.Ed.2d 286, 88 S.Ct. 298). Reference is made to that decision
for facts supplementary to those stated herein. Zimmer then commenced this proceeding for relief under K.S.A.
60-1507. The trial court held a pretrial conference in the nature
of an omnibus hearing with appellant present, at which it made a
definitive order narrating the factual history, reciting
agreements of the parties with respect to evidence, stating
issues, requiring the prosecution to submit to requested
discovery procedure and furnish certain services requested by
appellant, and generally establishing a blue print for the formal
hearing. In this order the court specifically stated all issues
on which proof was offered would be decided on their merits.