State v. Ward
Annotate this CaseIn the State of Kansas, Robert Lowell-Lawrence Ward, the defendant, attempted to withdraw his 2013 plea of no contest to various crimes, eight years later in 2021. The district court summarily denied his motion, and the decision was affirmed by the Court of Appeals. The Supreme Court of the State of Kansas affirmatively upheld these rulings. The Court found that Ward's motion to withdraw his plea was untimely and procedurally barred, as he failed to prove "excusable neglect," a necessary condition to overcome the one-year time bar for such motions as per Kansas statute K.S.A. 2022 Supp. 22-3210(e). The Court clarified that a motion's untimeliness does not necessarily prevent its consideration, provided the defendant can demonstrate excusable neglect for the delay, which the defendant failed to do. The Court emphasized that a district court cannot bypass this procedural requirement and directly address the merits of an untimely motion without first determining the presence or absence of excusable neglect. Therefore, the Supreme Court affirmed the ruling of the lower courts, but for different reasons, focusing on the procedural bar rather than the merits of the motion.
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