State v. Moses
296 Kan. 1126
Kan.2013Background
- In 1992 Moses was charged with first-degree murder and aggravated robbery for the neighbor's strangulation.
- Moses pleaded guilty to both charges, represented by Duma, in exchange for the State not seeking the hard 40 sentence.
- District court accepted the pleas; Moses was sentenced to life for murder and 15 years to life for robbery, with consecutive terms to otherState parole-related sentences.
- About 12 years later Moses filed a pro se motion to withdraw his guilty pleas under K.S.A. 22-3210; district court denied, and this court affirmed in Moses I (2006).
- On May 20, 2010 Moses filed a second motion to withdraw pleas, arguing ineffective assistance and voluntariness concerns.
- The legislature amended K.S.A. 22-3210 to require motions to withdraw within 1 year of a final appellate order, with potential extension for excusable neglect; Moses filed after the deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of second motion to withdraw pleas | Moses contends excusable neglect extends the deadline under 22-3210(e)(2). | Motion untimely under 22-3210(e)(1); no excusable neglect shown. | Untimely and procedurally barred. |
Key Cases Cited
- State v. Bricker, 292 Kan. 239 (2011) (abuse of discretion standard for post-sentence withdrawal plea)
- State v. Jackson, 255 Kan. 455 (1994) (60-1507 procedure applies to post-sentence motions)
- State v. Neal, 292 Kan. 625 (2011) (de novo review in 60-1507 contexts; access to records)
- State v. Szczygiel, 294 Kan. 642 (2012) (time running from 2009 amendment to 22-3210)
- State v. Moses, 280 Kan. 939 (2006) (earlier denial of withdrawal plea motion)