Jacob Nowak won in State v. Ramsey, No. 123,239 (Kan. App. October 1, 2021) (unpublished), obtaining reversal and remand with directions from summary dismissal of a plea withdrawal motion in a Sedgwick County robbery prosecution . Mr. Ramsey argued that the district court was required to appoint him counsel and hold an evidentiary hearing for two reasons: (1) he received ineffective assistance from counsel who was unprepared to go to trial, forcing Ramsey to accept a plea; and (2) he was denied his right to conflict-free counsel.
The COA noted that if the district court fails to fully investigate the basis for the claim and the necessary facts justify appointing new counsel, then the district court abuses its discretion. The COA reviewed the record and determined:
Because the district court did not inquire further about these concerns, it abused its discretion as a matter of law by failing to ensure Ramsey was represented by competent, conflict-free counsel.
The COA reversed the district court’s summary dismissal of Mr. Ramsey’s plea withdrawal motion and remanded for an evidentiary hearing on Mr. Ramsey’s plea withdrawal motion.
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