State v. Ellington

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,145 STATE OF KANSAS, Appellee, v. ANDREW WALLACE ELLINGTON, Appellant. SYLLABUS BY THE COURT 1. For a criminal defendant to withdraw a guilty or no contest plea after the one-year statutory deadline in K.S.A. 2020 Supp. 22-3210(e)(1), the defendant must first make a procedural showing of excusable neglect. After a court finds excusable neglect, the defendant must make a substantive showing of manifest injustice. 2. A lack of criminal history or lack of experience with the criminal justice system will not generally constitute excusable…