State v. Williams

Summary

The Kansas Supreme Court affirmed the denial of Tarlene A. Williams's successive motion to withdraw her no-contest plea to first-degree murder. The court held that the motion was untimely under K.S.A. 2014 Supp. 22-3210(e)(1), that Williams failed to make the required affirmative showing of excusable neglect, and that the successive motion was barred by res judicata.

Holdings

1. Under K.S.A. 2014 Supp. 22-3210(e)(1), a motion to withdraw a plea must be brought within one year of the final order of the last state appellate court exercising jurisdiction on direct appeal, or within one year of the applicable final action by the United States Supreme Court. The period may be extended only upon an additional, affirmative showing of excusable neglect under K.S.A. 2014 Supp. 22-3210(e)(2).
2. Res judicata bars relitigation of a successive plea-withdrawal issue when the defendant previously litigated and lost the same requested relief.
3. When a motion to withdraw a plea is summarily denied without argument and additional evidence, the appellate court uses the procedures and standards applicable to K.S.A. 60-1507 motions and reviews de novo whether the motion, records, and files conclusively show that the defendant is entitled to no relief.

Questions Presented

1. Whether Williams's postsentence motion to withdraw her plea was timely under K.S.A. 2014 Supp. 22-3210(e)(1), or whether the filing period should be extended based on excusable neglect under K.S.A. 2014 Supp. 22-3210(e)(2).
2. Whether Williams's successive motion to withdraw her plea was barred by res judicata.
3. What standard of review governed the summary denial of the motion.

Disposition

affirmed