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Supreme court denies Atchison murderer's request

By Brian Hagen

03/06/2024

(KAIR)--The Kansas Supreme Court, following the review of a motion to correct an illegal sentence, as submitted by a convicted Atchison murderer, has denied that request.

In its ruling, released March 1, the state's top court denied the claim made by Leroy Perry that he was never notified of the April, 2018 Atchison County District Court decision denying his self-represented motion, filed in district court, to modify his life sentence.

According to a release Friday, "the Supreme Court unanimously affirmed the Atchison County District Court finding that the district court contemporaneously and properly notified Perry of its April 2018 decision denying Perry's motion to correct an illegal sentence, with the release further stating that "consequently, Perry's notice of appeal, filed a year and half after the decision, was untimely. Because his appeal was untimely, the Supreme Court dismissed Perry's appeal for lack of jurisdiction."

The Supreme Court's decision followed a district court review of the matter, with the factual findings showing that Perry received the order shortly after it was mailed to him, leading to the conclusion that Perry was "properly notified of the order as required by statute and court rule."

Perry received a hard 40 life sentence for the 1995 shooting death of a 16-year-old girl, and the wounding of two others, after entering the home of his victims, having known the eldest of the three residents he shot since he was a baby.

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