Does the Doctrine of Res Judicata Bar Relief on Fowlers 60-1507 Motion?
Because Fowler’s prior motion to docket his appeal out of time argued that his counsel had been ineffective in failing to docket his appeal timely, this court must determine whether the denial of that motion serves to bar relief pursuant to Fowler’s 60-1507 motion based on the principles of res judicata. Whether the doctrine applies in a given situation is a question of law requiring a de novo determination by an appellate court. Stanfield v. Osborne Industries, Inc., 263 Kan. 388, Syl ΒΆ 1, 949 P.2d 602 (1997), cert. denied 525 U.S. 831 (1998). “Res judicata (claim preclusion) prevents relitigation of previously litigated claims and consists of the following four elements: (1) same claim; (2) same parties; (3) claims were or could have been raised; and (4) a final judgment on the merits. [Citations omitted.]” Winston v. Kansas Dept. of SRS, 274 Kan. 396, 413, 49 P.3d 1274, cert. denied 537 U.S. 1088 (2002). Similarly, the elements of collateral estoppel, or issue preclusion, include (1
