State v. Herring
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The Supreme Court reversed the decision of the court of appeals panel that used a harmless error analysis to save a district court's denial of Defendant's motion to withdraw his plea even though the panel concluded that the court applied the wrong legal standard, holding the court of appeals erred in engaging in a harmless error analysis under the circumstances.
Defendant pleaded no contest to robbery and aggravated assault. Before sentencing, Defendant filed a pro se motion to withdraw his plea, asserting ineffective assistance of counsel. The district court denied the motion. The panel concluded that the district court erred in using the Strickland test rather than the "lackluster advocacy" standard specified in State v. Aguilar, 231 P.3d 563 (Kan. 2010) but that the error was harmless. The Supreme Court reversed, holding that the analysis of the court of appeals was incorrect.
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