State v. Ellington
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The Supreme Court affirmed the district court's judgment denying as untimely Defendant's motion to withdraw his plea, holding that the district court correctly determined that Defendant did not demonstrate excusable neglect.
Defendant pled no contest to capital murder and was convicted of first-degree and second-degree murder. Approximately four and a half years after being sentenced, Defendant moved to withdraw his no contest plea. The district court denied the motion, concluding that Defendant had failed to show the required excusable neglect to extend the one-year statute of limitations. The Supreme Court affirmed, holding that Defendant failed to show excusable neglect, as required by Kan. Stat. Ann. 22-3210(e)(2).
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