The Kansas Supreme Court today upheld the Wyandotte County District Court in an appeal in a first-degree murder case.
Steve Moses originally pleaded guilty to first-degree murder and aggravated robbery in a 1992 strangulation death.
The Wyandotte County District Court denied Moses’ motion to withdraw his guilty plea, and the Supreme Court agreed with the local court today that the motion to withdraw the appeal was filed too late.
About 12 years after he filed a guilty plea, and after a habeas petition and a motion to correct an illegal sentence were rejected, Moses filed a motion to withdraw his guilty pleas. He argued the local court did not advise him of constitutional rights in open court, but his motion was denied. The Supreme Court affirmed the district court’s decision.
In 2010, about four years after the first Supreme Court ruling, a second motion was filed to withdraw the guilty plea. But the district court denied the second motion, and Moses appealed it.
The Supreme Court pointed out that the state law on filing appeals had changed to just one year from the final order of the appellate court. The court calculated that Moses was about a month late, outside the time allowed to file a new appeal.