Background

• Hulett was charged with first-degree premeditated murder and four counts of aggravated assault after an incident at a Kansas City bar, where he returned and fired, killing Lori Reynolds.
• Charles Lamb was appointed counsel; Hulett moved for substitute counsel asserting a negative attitude, unresponsiveness, and failure to obtain investigators/experts; the district judge denied the motion.
• At trial, a plea offer was extended: guilty to felony murder in exchange for dropping other charges; Hulett declined, then later, during trial, accepted a reduced felony murder plea after the State amended the information.
• Before sentencing, Lamb filed a motion to withdraw the plea citing that Hulett believed it was a mistake; no explicit conflict mentioned at that time.
• The court denied the plea-withdrawal motion, accepted the plea, and sentenced Hulett to life imprisonment without parole for 20 years; on appeal, Hulett argued lack of conflict-free counsel at the withdrawal hearing and sought remand for substitute counsel.
• The majority affirmed the district court’s ruling, holding no abuse of discretion in denying withdrawal and in not sua sponte appointing substitute counsel; a dissent would remand for conflict-free counsel.

Issues

Key Cases Cited

• State v. Williams, 290 Kan. 1050 (2010) (conflict inquiry not required when defendant's concerns relate to plea substance, not counsel performance)
• State v. McGee, 280 Kan. 890 (2006) (before substitute counsel, defendant must show justifiable dissatisfaction)
• State v. Crum, 286 Kan. 145 (2008) (same standard for conflict analysis in substitute-counsel motions)
• State v. Taylor, 266 Kan. 967 (1999) (duty to inquire further when possible conflict of interest is raised)
• State v. Vann, 280 Kan. 782 (2006) (district court must inquire after explicit allegations of conflict)
• State v. Edgar, 281 Kan. 30 (2006) (standards for good cause to withdraw plea)
• State v. Williams (duplicate), 290 Kan. 1050 (2010) (see above)