Talkington v. Schnurr, Warden

CourtCourt of Appeals of Kansas
DecidedJanuary 16, 2026
Docket128733
StatusPublished

This text of Talkington v. Schnurr, Warden (Talkington v. Schnurr, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Talkington v. Schnurr, Warden, (kanctapp 2026).

Opinion

No. 128,733

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

ANTHONY TALKINGTON, Appellant,

v.

DAN SCHNURR, WARDEN, Appellee.

SYLLABUS BY THE COURT

There is no requirement under Kansas law that an inmate who believes the Kansas Department of Corrections is refusing to follow a court order awarding jail credit must exhaust the administrative procedures found in K.A.R. 44-15-10.

Appeal from Reno District Court; DANIEL D. GILLIGAN, judge. Submitted without oral argument. Opinion filed January 16, 2026. Reversed and remanded with directions.

Christopher S. O'Hara, of O'Hara & O'Hara LLC, of Wichita, for appellant.

Jon D. Graves, legal counsel, Kansas Department of Corrections, for appellee.

Before ARNOLD-BURGER, P.J., MALONE and BOLTON FLEMING, JJ.

BOLTON FLEMING, J.: Anthony Talkington is an inmate serving his sentence in the Kansas Department of Corrections (KDOC). He alleges the KDOC has ignored the order from district court awarding him jail credit against his sentence and as a result has incorrectly calculated his release date. Talkington filed an inmate request form with the correctional facility challenging the computation. KDOC responded that the issue Talkington raised was not a grievable issue. After this denial, Talkington filed a K.S.A.

1 60-1501 petition in district court. The district court summarily dismissed his petition, finding he did not properly exhaust required administrative remedies. Talkington appeals.

After a thorough review of the record, we find that the district court erred in summarily dismissing Talkington's K.S.A. 60-1501 petition. We find that the issue raised by Talkington does not require any further administrative procedure under Kansas law, and any further attempt by Talkington to obtain administrative relief would have been futile. Accordingly, we reverse the decision of the district court and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Anthony Talkington is an inmate serving his sentence in a KDOC facility in Reno County. He is serving sentences for six criminal cases occurring between 2019 and 2023. Talkington believes the KDOC miscalculated his release date based on the jail credit awarded in district court and seeks to remedy that mistake.

Talkington's first step in notifying KDOC of the alleged error was filing a form titled, "Inmate Request to Staff Member," with Unit Team Brock on August 26, 2024. In that form, Talkington alleged that KDOC did not follow the district court's order in calculating his release date. KDOC responded to his request on the same form, finding "sentence computation is not grievable." KDOC's response was not dated.

On September 20, 2024, and September 23, 2024, respectively, Talkington filed a petition and an amended petition pursuant to K.S.A. 60-1501 in district court, the only difference between the two pleadings being that Talkington attached his Inmate Request to Staff Member form to the latter. In his amended petition, Talkington alleged that the district court specifically ordered jail credit in each of his six cases, but KDOC is "not following the order of the District Court Judge." Talkington provided the details of each

2 of his criminal cases, including the exact amount of credit the district court awarded in each case. By Talkington's calculation, January 26, 2026, should be his latest possible release date. And Talkington's calculation did not include any good time credit earned while incarcerated at the KDOC. The KDOC listed Talkington's earliest possible release date as September 17, 2027. In his amended petition, Talkington did not argue that he was denied good time credit while at the KDOC—he simply argued that the KDOC was refusing to apply court-ordered jail time credit against his sentence.

The district court found Talkington did not "sufficiently exhaust available administrative remedies" and summarily dismissed his claim. Talkington appeals.

ANALYSIS

DID THE DISTRICT COURT ERR IN SUMMARILY DISMISSING TALKINGTON'S K.S.A. 60- 1501 PETITION?

Standard of Review

When a district court declines to issue a writ from a habeas corpus petition, the appellate court is "in just as good a position as the district court to determine whether it plainly appears from the face of the petition and any supporting exhibits that the plaintiff is entitled to no relief. Thus, an appellate court's review of a summary denial of a K.S.A. 60-1501 petition is de novo." Denney v. Norwood, 315 Kan. 163, 175, 505 P.3d 730 (2022).

"Whether a petitioner has failed to exhaust administrative remedies is a question of law over which we have unlimited review." Boyd v. Werholtz, 41 Kan. App. 2d 15, 16- 17, 203 P.3d 1 (2008). See also In re Habeas Corpus Application of Pierpoint, 271 Kan. 620, 622-23, 24 P.3d 128 (2001).

3 Further, due process claims are "a question of law over which we have unlimited review." Hogue v Bruce, 279 Kan. 848, 850, 113 P.3d 234 (2005).

Discussion

The Kansas Supreme Court recently articulated the two ways a district court can address a K.S.A. 60-1501 petition:

"First, when presented with the petition for a writ of habeas corpus, the court may determine from the face of the petition and any attached exhibits that the petitioner is entitled to no relief and deny the petition summarily. Second, the court may determine from the petition and attached exhibits that the petitioner may have a right to relief, in which case the court should issue a writ of habeas corpus, appoint counsel, order the respondent to file an answer, hold a hearing, and determine the cause." Denney, 315 Kan. 163, Syl. ¶ 5.

To state a claim for relief under K.S.A. 60-1501 and avoid summary dismissal, a "petition must allege 'shocking and intolerable conduct or continuing mistreatment of a constitutional stature.'" 315 Kan. at 173 (quoting Johnson v. State, 289 Kan. 642, 648, 215 P.3d 575 [2009]). The district court must accept the facts presented by the inmate as true. If the court determines the petitioner is not entitled to relief, "no cause for granting a writ" should be provided and the court must dismiss the petition. In those cases, summary dismissal is proper. 315 Kan. at 173.

We note that Talkington filed his amended petition without leave of court three days after filing his original petition. In his brief, Warden Dan Schnurr argues, "Petitioner's action filing an amended petition without the court's leave is not a civil procedure authorized by Denney (supra) nor by the habeas statutes." But Schnurr only incidentally raises this point and fails to fully argue the same. Because this point was only raised incidentally in Schnurr's brief it is deemed abandoned. State v. Meggerson, 312

4 Kan.

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Talkington v. Schnurr, Warden, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talkington-v-schnurr-warden-kanctapp-2026.