State v. Kelly
291 Kan. 868
| Kan. | 2011Background
- In 1990, Kelly faced charges in two cases: 90CR670 (aggravated kidnapping, rape, two counts of aggravated criminal sodomy, aggravated sexual battery) and 90CR671 (two counts of aggravated criminal sodomy involving a 15-year-old).
- A brain injury from a shovel assault left Kelly mentally incompetent to stand trial; he was committed to Larned State Security Hospital and underwent emergency brain surgery he refused to consent to.
- A plea agreement in 1991 called for Kelly to plead guilty to attempted rape in 90CR670 and one count of aggravated criminal sodomy in 90CR671, with other charges dismissed and treatment at Larned instead of imprisonment.
- After release from Larned, sentencing occurred in June 1991; Wurtz represented Kelly and indicated a possible conflict of interest with the prior attorney Greeno.
- At sentencing, the district court rejected the potential conflict claim and sentenced Kelly to 15 years to life; Kelly later sought postconviction relief with multiple motions beginning in 1993.
- Kelly argued in later motions that trial counsel had conflicts of interest and that his pleas were not knowingly and voluntarily entered; the district court denied relief
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conflict of interest was raised prior to sentencing | Kelly argues Wurtz disclosed a conflict requiring inquiry. | State contends the conflict claim belongs in 60-1507, not a plea withdrawal, and was time-barred. | Claim barred; procedural bars apply; res judicata/time limitation blocks relief |
| Whether pleas were knowingly and voluntarily entered | Kelly contends pleas not knowingly/voluntarily entered due to counsel/coercion. | State asserts final sentencing ruling on plea withdrawal and lack of direct appeal bars relitigation. | Res judicata bars relitigation; district court affirmed |
Key Cases Cited
- Rice v. State, 37 Kan. App. 2d 456 (2007) (direct appeal required for plea withdrawal-related relief)
- State v. White, 289 Kan. 279 (2009) (competent counsel factor in plea withdrawal considerations)
- State v. Jackson, 255 Kan. 455 (1994) (guidance for procedures on 22-3210(d) motions)
- In re Sporn, 289 Kan. 681 (2009) (four-part test for applying res judicata)
- Ludlow v. State, 37 Kan. App. 2d 676 (2007) (manifest injustice standard in 60-1507 context)
- Toney v. State, 39 Kan. App. 2d 944 (2008) (exceptional circumstances for successive 60-1507 motions)