State v. ParksAnnotate this Case
The Supreme Court affirmed the denial of Appellant’s pro se motion to set aside a “void judgment," holding that Appellant’s counsel’s urging that the court treat Appellant’s motion as one under Kan. Stat. Ann. 22-3210 to withdraw Appellant’s no contest plea accepted by the court nineteen years earlier qualified as invited error.
Because Appellant failed to allege the required excusable neglect under section 22-3210’s provision allowing late motions for plea withdrawal, the district court denied the motion on the grounds that it was untimely. On appeal, Appellant argued that the district court should have construed his motion as one under Kan. Stat. Ann. 60-1507 and allowed the untimely filing to prevent manifest injustice. The Supreme Court affirmed, holding (1) the invited error doctrine applied because Appellant’s counsel twice invited the district court to treat the pleading as a motion to withdraw plea; and (2) the district court properly found that the motion was untimely.