i. As detailed below, in Kansas, collateral counsel is appointed in capital post-conviction proceedings upon filing the post-conviction motion. See K.S.A. § 22-4506(d)(1) & (2). Though, Robinson is currently represented, his state post-conviction proceedings, aren’t triggered until cert is denied in SCOTUS and the Kansas Supreme Court lifts the stay on his mandate. CITE. This is unlike other DP states with more comprehensive post-conviction statutory schemes. Only once the post-conviction motion is filed does a court hold a hearing to determine whether the defendant is both indigent and desires appointed counsel. (Petitioner may waive counsel if competent).
