State v. Jarmon

The Supreme Court reversed the court of appeals ruling on Defendant’s motion for a new trial in this criminal case and affirmed Defendant’s conviction for felony burglary and the district court’s denial of Defendant’s motion for a new trial.The court of appeals affirmed Defendant’s conviction but reversed on the question of the effectiveness of Defendant’s counsel, particularly with respect to a conflict of interest when arguing Defendant’s pro se motion for change of counsel prior to sentencing. Because Defendant’s motion for new trial was filed out of time, the court of appeals treated it as a motion under Kan. Stat. Ann. 60-1507. The court of appeals remanded for a hearing, complete with new appointed counsel. The Supreme Court reversed, holding that by granting Defendant a full hearing with new counsel, the court of appeals erroneously provided Defendant with more procedural rights than he may have received if he had filed his motion on time or had filed a true section 60-1507 motion. View "State v. Jarmon" on Justia Law